Myths About Filing A Dismissal Claim

What Myths Get In The Way Of Filing

A common myth is that filing a representation guarantees a payout. In reality, the process asks first for reinstatement, and no outcome is promised until the case is actually decided¹.

Another myth is that you need a lawyer just to start. The representation can be lodged directly with the Department, and solicitors cannot represent you at the conciliation stage that follows in any case².

Myths About Employer Responses And Deadlines

Some people assume the process stalls if their employer does not respond. In practice, the Department still arranges conciliation and, if needed, refers the case onward regardless of how the employer engages.

There is also a myth that the 60-day deadline has some built-in flexibility. It is treated strictly, and even a short delay can close off your options entirely.

A Myth About Who Can File

Some people assume only certain types of employees, such as those on higher pay, can use this process. In reality, the right to file applies broadly to workmen covered by the Industrial Relations Act, not a narrow category defined by salary.

Checking your own situation directly, rather than relying on a general assumption, is the safer approach.

Getting Past The Myths

Start with your own facts rather than general assumptions, beginning with your dates on the 60-day deadline calculator. The Section 20 representation entity page explains what filing actually involves, step by step.

The guide on myths about the Industrial Court process covers the next stage if your case is referred there. The Industrial Court entity page gives the fuller picture of that stage.

A short conversation with a lawyer can replace assumptions with a clear answer based on your actual facts.