The Steps To File Your Claim

What Are The Steps To File Your Claim

The process starts with a written representation to the Director General of Industrial Relations, lodged within 60 days of your dismissal, asking to be reinstated¹. This step is what formally opens your case.

Once filed, the Department arranges conciliation, usually one or two sessions where an officer mediates between you and your employer². Solicitors are not permitted to represent either side here, so you attend and speak for yourself.

What Happens If Conciliation Does Not Settle It

If conciliation does not resolve the dispute, the case moves directly from the Director General to the Industrial Court, without the ministerial screening step that used to exist before 2021³. This step happens without a separate application from you.

At that stage, the process becomes more formal, with both sides presenting evidence and documents. This is also where a lawyer can represent you directly, unlike at conciliation.

What Happens Between The Steps

Between filing and conciliation, there is usually a waiting period while the Department processes your representation and sets a date. This gap is normal and does not mean anything has stalled.

Using this time to organise documents, rather than waiting anxiously, puts you in a stronger position once conciliation is actually scheduled.

Preparing For Each Step

Start by confirming your dates on the 60-day deadline calculator, since filing cannot happen without them. The Section 20 representation entity page explains what the written claim itself should say.

For more on what happens at a hearing, see the Industrial Court entity page and the guide on the Industrial Court claim process. Each stage rewards a little preparation ahead of time.

A lawyer can help you prepare for conciliation and, if needed, for a hearing, so each step goes as smoothly as your facts allow.