What To Do About Filing A Claim
You want to file a dismissal claim and you are not sure what actually comes first.
What Should You Do About Filing A Claim
The first step is confirming your exact dismissal date and checking it against the 60-day window to lodge a written representation1. Everything else can follow once you know how much time you actually have left.
You do not need a lawyer to take this first step, since the representation can be lodged directly with the Department. What matters more at this stage is getting your facts and dates straight.
Deciding What Happens Next
Once filed, your case moves to conciliation, usually one or two sessions where an officer from the Department mediates between you and your employer2. Solicitors do not take part at this stage, so preparing your own account clearly matters.
If conciliation does not settle things, the case moves forward automatically, without you needing to file anything further at that point.
Why It Helps To Move Deliberately
Acting quickly does not mean acting carelessly. Taking a day to get your dates and facts straight before filing is time well spent, since the representation itself only needs to be lodged once.
What matters most is not rushing past the deadline while you decide, rather than rushing the filing itself before you are ready.
What To Do This Week
Check your deadline now on the 60-day deadline calculator, since that date does not move once it passes. The Section 20 representation entity page explains what the written claim actually needs to say.
For a fuller picture of what happens if your case reaches a hearing, see the Industrial Court entity page. The guide on what to do before contacting a lawyer may also help if you are still deciding whether to involve one.
A short conversation with a lawyer, even before you file, can help you walk in with a clearer sense of your situation.
If you have just been dismissed and are not sure what to do first, telling us your dismissal date helps us point you in the right direction.
Common questions
What is the very first thing to do after a dismissal
Confirm your exact dismissal date, then check it against the 60-day filing window. That single date decides everything else about timing, so it deserves your attention before anything else.
Do I need a lawyer to get started
No. You can lodge the representation yourself, and lawyers cannot represent you at conciliation in any case. Some people still prepare with one beforehand, mainly to check their facts and dates.
Should I try to negotiate with my employer first
You can, but do not let informal talks eat into your 60-day window. Filing on time keeps your options open, even while a separate conversation continues.
What if I am not sure my dismissal was actually unfair
That uncertainty is common and does not mean you should ignore the deadline. A short conversation with a lawyer can clarify whether your situation likely meets the legal test.
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
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation Mah Weng Kwai & Associates
Keep reading
If you have just been dismissed and are not sure what to do first, telling us your dismissal date helps us point you in the right direction.