The Steps In An Unfair Dismissal Claim

You want to see the whole path an unfair dismissal claim takes, not just the first step.

Knowing what comes next, and roughly when, makes each stage easier to plan around. Here is the sequence in order, from filing to a possible award.

What happens at step one, when you file?

You file a Section 20 representation with the Director General of Industrial Relations within sixty days of your dismissal¹. This written document sets out what happened and starts the formal process moving.

Missing this window generally closes this particular route, so this step anchors everything that follows. Treat the date of your dismissal as the number that matters most right now.

What happens at step two, conciliation?

The department typically arranges one or two conciliation sessions between you and your employer³. An officer from the department mediates the discussion, and solicitors do not represent either side in that room.

Many cases settle at this stage, once both sides hear how the other frames the events. Come prepared with your documents even though a lawyer cannot sit beside you here.

If no agreement is reached at conciliation, the case moves forward automatically to the next stage.

What happens at step three, if conciliation fails?

Since the 2020 amendment came into force, a failed conciliation goes straight to the Industrial Court. The Director General refers it directly, with no separate ministerial screening step in between anymore².

This removed a layer of delay that used to exist under the older version of the law. The referral itself does not decide who is right, only that the matter proceeds to a hearing.

What happens at step four, the hearing itself?

The Industrial Court hears evidence and arguments from both sides before issuing a written award. That award can include reinstatement, a monetary remedy, or a finding that the dismissal was not unfair after all.

Both sides can bring documents and witnesses to support their version of events. A lawyer who has seen this stage before can help you present yours clearly.

What should you do this week?

Use the deadline calculator to confirm exactly where your sixty day window currently stands. Read about how long the process usually takes alongside this guide, and speak with a lawyer about your Industrial Court prospects specifically.