Is Filing A Dismissal Claim Worth It
You are weighing whether filing a dismissal claim is worth the time and effort it takes.
Is Filing A Dismissal Claim Worth It
Filing is worth doing when you believe your dismissal lacked a fair reason or a fair process, and you are still inside the 60-day window1. The step itself is not costly, since it does not require a lawyer.
The bigger question is whether pursuing the full case, through conciliation and possibly a hearing, is worth your time. That depends more on your evidence than on how upset you feel about the dismissal.
What Changes Whether It Is Worth It
Because the employer carries the burden of proving the dismissal was fair, a case with a vague or shifting reason tends to be worth pursuing further2. A case with clear, well documented performance or conduct issues is harder to build on.
Some people want their job back, others want the record corrected, and others mainly want closure on whether what happened to them was lawful. What counts as worth it differs by what you actually want from the process.
A Practical Way To Decide
If you are stuck deciding, treat the filing step and the fuller case as two separate decisions. Filing keeps your options open at low cost, while deciding how far to pursue things afterward can wait until you know more.
This separation tends to reduce the pressure of feeling like one big decision has to be made all at once.
What To Do This Week
Start by checking your own deadline on the 60-day deadline calculator, since that date does not move once it passes. The Section 20 representation entity page explains what filing actually involves.
For the same question applied to a later stage, see the guide on whether an Industrial Court case is worth it. The Industrial Court entity page explains what that stage looks like.
A short conversation with a lawyer is usually the fastest way to know where you stand.
If you want a clear read on whether filing is worth it for your situation, a lawyer can look at your specific facts and timeline.
Common questions
Is filing worth it even for a minor sounding dismissal
It can be, since the legal test is about whether the process was fair, not how significant the dismissal feels. A short review of your facts can clarify this quickly.
Does filing cost me anything if I later decide to stop
The filing step itself does not require a lawyer, so the early financial cost is low. You can also reassess after conciliation before deciding whether to continue further.
What makes filing more likely to be worth it
A clear timeline, a dismissal letter, and some record of the reason given all help. The employer still has to prove the dismissal was fair once a case is filed.
Should I decide alone or ask a lawyer first
A short conversation with a lawyer can clarify whether your facts support filing before you commit time to it. That assessment costs far less than filing blind.
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
If you want a clear read on whether filing is worth it for your situation, a lawyer can look at your specific facts and timeline.