The Unfair Dismissal Process Explained
Knowing what happens next turns an overwhelming process into a series of steps.
What Are The Steps In An Unfair Dismissal Claim?
The process runs in a fixed order: a written representation, conciliation, referral if needed, then a possible hearing.
A worker has 60 days from the dismissal date to lodge that written representation with the Director General of Industrial Relations 1.
Once lodged, the department arranges conciliation, usually one or two sessions, with an industrial relations officer mediating between you and the employer 3.
Conciliation is meant to help both sides settle without going further, and a real share of cases end at this stage.
What Happens If Conciliation Fails
If no settlement is reached, the case does not simply stop.
Since the Industrial Relations (Amendment) Act 2020, the Director General refers the matter straight to the Industrial Court once conciliation fails, without a minister deciding whether it proceeds 2.
That change removed a step that used to add delay and uncertainty for workers waiting to hear whether their case would even be heard.
At the Industrial Court, both sides present their case and the court issues a written award.
What To Prepare At Each Stage
Before filing, confirm your dismissal date is accurate with a deadline calculator, since the whole process depends on that first deadline being met.
Read about how to actually file a Section 20 representation so the wording and documents are ready before you lodge it.
Before conciliation, gather your termination letter, contract, and any written record of what happened, since these shape how the meeting goes.
If your case reaches the court stage, knowing what an Industrial Court hearing involves in advance makes it far less unfamiliar when it happens.
Each stage has its own pace, and it is worth expecting the process to take longer than a single, tidy timeline might suggest.
Documents can be requested again at later stages even if you already shared them earlier, so keeping an organised copy of everything from the start saves repeated effort.
It also helps to know that most cases resolve before reaching a full hearing, so reaching the Industrial Court stage is not the only path to a result.
Staying in contact with whoever is helping you, and responding promptly to any request from the department or the court, keeps your own case moving at a reasonable pace.
Respond quickly.
Keep copies of everything.
Small habits keep a long process on track.
Understanding the four stages helps, but an employment lawyer can tell you exactly where your own case would start and what to prepare first.
Common questions
How many stages does an unfair dismissal claim go through?
Broadly four: the written representation, conciliation at the Industrial Relations Department, referral to the Industrial Court if conciliation fails, and a hearing that ends in an award. Not every case reaches the last stage, since some settle earlier.
Do I have to go through conciliation before court?
Yes. Conciliation happens first and is meant to help both sides settle without a full hearing. Only if that fails does the case move toward the Industrial Court, and since 2020 that referral happens automatically rather than through ministerial screening.
Can the employer delay the process?
Delays happen, particularly around document exchange and scheduling, but the structure of the process itself does not depend on the employer's cooperation to keep moving. Your own deadline for the first step still runs regardless.
What happens if I miss a step along the way?
Missing the initial 60 day deadline is the most serious risk, since later stages depend on that filing happening on time. Later procedural steps have more flexibility, but it is best to respond to every notice promptly.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 took effect on 1 January 2021, the Director General refers a case straight to the Industrial Court once conciliation fails, without ministerial screening. MECA
- After a representation is lodged, the department arranges conciliation, usually one or two sessions, with an industrial relations officer mediating. Mah Weng Kwai & Associates
Keep reading
Understanding the four stages helps, but an employment lawyer can tell you exactly where your own case would start and what to prepare first.