Should you hire an employment lawyer?
You are weighing whether your dismissal is worth taking to someone who knows the law.
Deciding whether to involve a lawyer can feel like a big step. A lawyer’s job is to review your dismissal and, if you decide to claim, act for you.
What does an employment lawyer do?
An employment lawyer reviews the facts of your dismissal against the legal test for unfair dismissal, checks whether the process your employer used was fair, and advises on timing. That includes the 60-day window to make a Section 20 representation.1
Later, if your case reaches the Industrial Court, a lawyer can also represent you directly, gather evidence, and present your case.
When should you contact one?
Earlier is better, ideally before you resign, sign a settlement or let the 60-day window run down. What you sign in the first few days can limit your options later.
If you have already resigned or signed, a lawyer can still review what options remain.
Can a lawyer help before you decide to claim?
Yes. You can speak to a lawyer before you decide whether to pursue anything.
Filing a claim is a separate decision that you make afterwards.
Can a lawyer represent you at conciliation?
No. Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations, so you attend and speak for yourself.2
You can still prepare with a lawyer beforehand, so you know what to expect.
What changes once a case reaches the Industrial Court?
From that stage on, a lawyer can represent you directly at the hearing. Your employer has to prove it had just cause for the dismissal, and a lawyer can test whether it can.3
Prepare your evidence early, while documents and memories are fresh.
What can a first conversation clarify?
A first contact request covers your dismissal date, the reason given and your broad employment status. Keep documents private until an identified independent lawyer contacts you and specifically requests them. That lawyer can assess whether your situation meets the legal test and what the next step is.
After you message, an independent lawyer may review the facts and replies about whether and how they can act.
What to do this week
Write down your dismissal date, the reason given, and a short timeline of what led up to it. Gather anything in writing: your contract, the letter, appraisals, messages.
If you want a lawyer to take your matter on, send the facts while the 60 days are still running. An independent lawyer can then review whether it is a case they can act on.
If you want an employment lawyer to take your matter on, send the date you were dismissed and what happened. An independent lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What does an employment lawyer actually do for a dismissed worker?
A lawyer reviews your facts against the legal test for unfair dismissal, helps you organise evidence, and advises on timing, including the 60-day deadline. From the Industrial Court stage onward, a lawyer can also represent you directly.
When is the right time to contact a lawyer?
Earlier is better, ideally before you resign, sign anything or let the 60-day window run down. If you have already acted, the options that remain depend on your dates and on what you signed.
Can a lawyer represent me during JPPM conciliation?
No. Solicitors are not permitted to represent parties at that stage, so you attend and speak for yourself. You can still prepare with a lawyer beforehand, so you know what to expect.
Do I need a lawyer if my case seems straightforward?
Not always, but a case that looks simple can hide gaps in the dates or the paperwork. Those gaps are easier to fix early than after a claim is filed.
What happens if I contact a lawyer and decide not to proceed?
Some people stop after the first conversation. You decide what happens next, and the 60-day window is the only deadline that keeps running.
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 within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations (JPPM); an employee attends and speaks for themselves. Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you want an employment lawyer to take your matter on, send the date you were dismissed and what happened. An independent lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.