Your First Steps In The Sixty Days
You just lost your job and need a clear first step, not a lecture.
What Should You Do Right After Being Dismissed?
Write down the date you were dismissed and what was said, while the details are still fresh in your mind.
That single date starts a countdown most people do not know exists.
A worker who believes the dismissal had no just cause or excuse has sixty days from that date to lodge a written representation with the Director General of Industrial Relations 1.
Miss that window and the claim usually cannot go forward, so the practical first task is a calendar entry, not a long letter to your former boss.
Next, gather what you can still reach: the termination letter, your employment contract, recent payslips, and any messages about the dismissal.
Why The First Few Days Matter
Access to your work email, the HR portal, and internal chat groups often ends the same day, sometimes within hours.
Performance reviews, warning letters, and appraisal scores are far easier to copy before that access closes than after.
The employer, not you, carries the burden of proving the dismissal was for just cause or excuse once a claim reaches the Industrial Court 2.
That single fact changes how you should spend this week: your job now is to preserve records, not to build a legal argument alone.
Do not sign a resignation letter or a full and final settlement the company sends until you have read it slowly, ideally with someone else looking too.
What To Do This Week
Work out your exact dismissal date with a deadline calculator so the sixty-day window becomes a fact, not a guess.
If you plan to act, the usual next step is a Section 20 representation to the Industrial Relations Department, not a direct filing in the Industrial Court.
Keep a short written account of what happened, in your own words, dated as you write it.
A longer chronology makes the story easier to follow once conciliation or a hearing comes into view.
Reading how the unfair dismissal process actually unfolds before you file will make each later step feel less unfamiliar.
It is normal to feel unsure whether your situation truly qualifies as unfair, and that uncertainty does not need to be resolved before you start saving evidence.
Most workers only get real clarity once someone experienced has looked at their specific dates and documents together, rather than from reading alone.
Once the records are saved and the date is confirmed, most people are ready for a specific conversation about their own case rather than a general one.
Save first. Decide later.
That order protects you either way.
Once you have the dismissal date and a rough picture of what happened, it helps to talk it through with someone who deals with these claims regularly.
Common questions
Do I need a lawyer before the sixty days runs out?
No. You need the dismissal date confirmed and a written representation lodged with the Industrial Relations Department inside that window. Many workers speak with an employment lawyer once they have the paperwork together, but the filing step itself does not require one to be present.
What counts as a dismissal for this deadline?
Being sacked, told not to return, or a fixed-term contract ended early can all count, along with some forced resignations. Treat the day you were told your job had ended as day one, then confirm the count with a calculator rather than guessing.
Can I still act if I resigned in anger?
Sometimes. If the resignation followed pressure, threats, or an ultimatum, it may still be treated as a dismissal in substance. Write down exactly what was said before you resigned and how quickly you changed your mind, since both details matter later.
What if I do not have the termination letter yet?
Start the count from the date you were actually told or stopped working, not the date paperwork arrives. Ask for the letter in writing where you can, and keep a written record of that request as part of your evidence file.
Sources
- A worker who believes a dismissal had no just cause or excuse has sixty days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse once a claim reaches the Industrial Court. Mah Weng Kwai & Associates
Keep reading
Once you have the dismissal date and a rough picture of what happened, it helps to talk it through with someone who deals with these claims regularly.