How To Prepare To File Your Claim
If you plan to file a dismissal claim, here is how to prepare before you lodge it.
How Do You Prepare To File Your Claim
Preparing means gathering the right documents and getting your facts straight before you write anything. Start with your employment contract, the dismissal letter or message, and your payslips.
Because the employer carries the burden of proving the dismissal was fair2, anything that shows the reason given and how you were actually performing helps your side. Warnings, appraisals, and messages about the dismissal all count.
Getting The Details Right
Confirm your employer’s exact registered name from your contract or payslips, since filing against the wrong name is a common and avoidable error. Also confirm your last day of work, since this date starts your 60-day window1.
Write a short, factual account of what happened, in order, with dates. This becomes the basis of your written representation, so clarity matters more than length.
If Some Documents Are Missing
It is common not to have everything on hand right after a dismissal, especially if access to a work email or system was cut off. Note what you are missing rather than delaying filing because of it.
Some documents can still be requested or reconstructed afterward, and preparation is an ongoing process rather than a single checklist to complete before you start.
What To Do With What You Gather
Once your documents are together, check your exact dates against the 60-day deadline calculator so you know how much time remains. The Section 20 representation entity page explains what the finished claim should look like.
For what happens if the case moves further, see the guide on preparing for the Industrial Court and the Industrial Court entity page.
A lawyer can look at what you have gathered and tell you quickly whether it is ready to file.
Once you have your documents together, a lawyer can review them with you and explain what they show about your case.
Common questions
What information does the representation need to include
Your details, your employer's exact registered name, your dismissal date, and a short account of what happened and why you believe it was unfair. Keep it factual and clear.
What documents should I have ready before filing
Your employment contract, the dismissal letter or message, payslips, and any warnings or appraisals relevant to the reason given. These support your account once conciliation begins.
Do I need a lawyer to help me prepare
Not required, but many people find a short review helpful before filing, especially to confirm their dates and the correct employer name.
How soon should I start preparing
As soon as possible after your dismissal, since the 60-day window does not pause while you gather documents. Preparing early also means details are still fresh.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
Once you have your documents together, a lawyer can review them with you and explain what they show about your case.