What to do in the first days
The clock starts the day you are dismissed, so the first moves matter most.
The days right after a dismissal are when a fair claim is most often lost. This page puts the first moves in order, so you protect your options while they are still open.
First, protect your deadline
There is a strict time limit to act. You usually have 60 days from your dismissal to lodge a written representation asking to be reinstated.1
Work out your exact date and how many days are left on the 60-day deadline calculator. If you are close to the line, treat everything else as second priority.
Second, save your evidence
Save everything while you still have access: your termination letter, contract, payslips, appraisals, and any messages about your exit. Do not delete or change anything.
A clear timeline of what happened, with dates, is worth more than a long story. See what to keep and how before your work accounts are closed.
Third, understand what happened
Was this a straightforward dismissal, a forced resignation, a retrenchment, or a disciplinary process? The category shapes your next step.
If you are not sure, start with what unfair dismissal means, and read about how to lodge a Section 20 representation so a later conversation is quicker.
Then, get a read on your options
You do not need everything sorted before you ask. A few plain sentences about what happened, and the date, are enough for someone to tell you whether there is a claim worth making.
The sooner you ask, the more room you have to act well within the time you have.
If a dismissal has just landed, tell us the date it happened and we will help you see what is urgent and how long you have to act.
Common questions
What is the single most urgent thing after a dismissal?
Protect the deadline. You usually have 60 days from your dismissal to lodge a Section 20 representation, so knowing your exact date and how much time is left comes first, before anything else.
Should I sign anything my employer gives me?
Read it before you sign, and take time if the deadline feels rushed. Signing that you received a letter is not the same as agreeing the dismissal was fair, but a release can affect your options, so check first.
Do I need a lawyer straight away?
Not to take the first steps, but a short conversation early helps you avoid mistakes. You can gather your documents and check your deadline first, then speak to a lawyer with a clear picture.
Sources
- An employee who considers they were dismissed without just cause or excuse may lodge a written representation to the Director General of Industrial Relations within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If a dismissal has just landed, tell us the date it happened and we will help you see what is urgent and how long you have to act.