If you believe you were dismissed without just cause or excuse, you must file a representation under section 20 of the Industrial Relations Act 1967 within 60 days of dismissal. This deadline is strict. We act for employees and employers in unfair-dismissal, constructive-dismissal and workplace sexual-harassment matters,, and act for employers defending these claims.
Unfair dismissal claims under section 20 IRA 1967 (60-day deadline)
Constructive dismissal, where the employer's conduct breaks the contract
Sexual harassment complaints to the Tribunal for Anti-Sexual Harassment under ASHA 2022
Retrenchment and statutory benefits
Unpaid wages, overtime, bonuses and commissions
For employers
Defending unfair-dismissal claims in the Industrial Court
Disputes arising from domestic inquiries and disciplinary action
Retrenchment disputes
Responding to sexual-harassment complaints under ASHA 2022
Employment-contract disputes
How a section 20 claim runs
File the representation with the Department of Industrial Relations within 60 days.
Conciliation meeting with the employer.
If unresolved, referral to the Industrial Court for trial.
The award can be challenged by judicial review or appeal in limited cases.
FAQ
What is the time limit for unfair dismissal?
60 days from the date of dismissal. Missing it usually ends the claim.
What is constructive dismissal?
When an employer's serious breach (for example a big pay cut or demotion without agreement) forces you to resign, you may be treated as dismissed. The bar is high, so get advice before resigning.
Where do I complain about sexual harassment?
Under the Anti-Sexual Harassment Act 2022 you can complain to the Tribunal for Anti-Sexual Harassment, and other civil or criminal routes may also be available.
Wages must generally be paid within seven days after the end of each wage period. If your employer does not pay, you can file a claim at the nearest Labour Office (the Labour Court) under section 69 of the Employment Act 1955, free of charge. Bring your IC, appointment letter, payslips and any termination letter. Either side may appeal to the High Court within 14 days.
Constructive dismissal happens when an employer's conduct is a serious breach going to the root of the employment contract, and the employee leaves because of it. The test is contractual, not just unfairness. Write to the employer first, act promptly, and file a representation within 60 days of leaving under section 20 of the Industrial Relations Act 1967.
Under section 28 of the Contracts Act 1950, an agreement restraining someone from a lawful profession, trade or business is void to that extent, subject to narrow exceptions. So post-employment non-competes are often unenforceable. But confidentiality duties still apply, and a fair training bond may be recoverable as reasonable compensation under section 75.
The Industrial Court is less formal than the civil courts and decides cases according to equity, good conscience and the substantial merits, without regard to technicalities. But witnesses still give evidence on oath and are cross-examined. In dismissal cases the employer usually goes first, because it must justify the dismissal.
A Labour Court hearing is usually held at the Labour Office before a Labour Officer, and is less formal than a courtroom. You give evidence on oath, explain your claim, refer to your payslips and documents, and answer questions from the officer and the employer. Bring originals and copies, tell the truth, and keep to the facts.
