How Do You File A Dismissal Claim?
You want your job back, and there is a clear process to formally ask for it.
You have decided to act, and now you need to know exactly how. This page walks through lodging that representation, from the deadline to what happens after you file.
What does a Section 20 representation ask for?
A Section 20 representation, the written claim you lodge to say your dismissal was unfair, goes to the Director General of Industrial Relations.1 It is the remedy at the centre of an unfair dismissal claim, and you must lodge it within 60 days of your dismissal, asking to be reinstated.1
The remedy the law frames first is reinstatement, getting your job back, not money. Compensation only enters the picture if reinstatement is ordered, or awarded in place of it later.
How do I lodge one before the deadline?
You can work out your exact deadline once you know your dismissal date, since the 60-day deadline is counted strictly.1 The representation is submitted in writing to the Department, including through its online filing system.
Set out what happened, when, and ask plainly to be reinstated. You do not need a lawyer to submit it, though preparing with one beforehand is common.
What happens after you file?
Your representation goes to the Industrial Relations Department (JPPM), which arranges conciliation, a meeting run by an officer to help both sides settle, usually over one or two sessions.2
Solicitors are not permitted to represent parties at this stage, though you can still prepare with one beforehand.
What if conciliation does not settle?
Since the Industrial Relations (Amendment) Act 2020 took effect on 1 January 2021, the Director General now refers an unresolved case straight to the Industrial Court.3 This step used to require ministerial screening first, but that no longer applies.
That removes one step that used to slow cases down, though how long your own case takes still depends on its facts.
Do I need a lawyer at this stage?
Not to file the representation itself, and not at conciliation, where lawyers cannot speak for you. Where a lawyer helps most is before you file: checking your facts, your dates, and what evidence will matter later.
If the case reaches the Industrial Court, representation works differently again, and that is usually when having a lawyer becomes practical.
What to prepare this week
Confirm your exact dismissal date, since everything else is counted from it. If you resigned rather than were told to leave, the date is usually when you resigned, not when the problems started.
Gather your letter, contract, payslips and any messages about your exit. Then work out your exact deadline and get a read on your situation before it runs down.
Filing itself is a fairly short document, but getting the dates and facts right first makes a real difference. Tell us your dismissal date and what happened, and we can help you see what to put in it.
Common questions
What exactly does a Section 20 representation ask for?
It asks the Director General of Industrial Relations to reinstate you to your old job. Money is not the starting request; back wages or compensation come in only if reinstatement is ordered, or awarded instead of it once the case is decided.
Can I file it myself, or do I need a lawyer immediately?
You can file it yourself, and lawyers cannot speak for you at conciliation in any case. Plenty of people still prepare with one beforehand, mainly to check the facts and dates are solid before anything is submitted.
What happens if I miss the 60-day deadline?
The deadline is strict, and missing it can close off the claim entirely. If you are unsure whether you are still inside it, treat that as the first thing to check, before anything else about your case.
Is conciliation the same as going to court?
No. Conciliation is a mediated meeting aimed at a settlement, run by a department officer, not a judge. Only if conciliation fails does the matter move on to a full hearing at the Industrial Court.
What if my employer does not respond to the representation?
The process does not depend on your employer replying. The Department still arranges conciliation, and if nothing is resolved there, the case still moves forward to the Industrial Court regardless of your employer's silence.
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 (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation. Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Minister's discretionary screening was removed, and the Director General now refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
Filing itself is a fairly short document, but getting the dates and facts right first makes a real difference. Tell us your dismissal date and what happened, and we can help you see what to put in it.