Employment Lawyer Questions Answered Plainly
You are weighing up whether to hire a lawyer for your dismissal.
For a contact request through this publisher, share general facts only. The document preparation below is for a later agreed consultation: keep the records private until an identified independent lawyer contacts you and specifically requests them.
Employment lawyer, explained for workers
Deciding whether and when to involve a lawyer is one of the first practical questions after a dismissal.
These are the questions workers ask most often about that decision.
Do I need an employment lawyer to make a claim?
No. You can lodge a Section 20 representation without one.
Many workers still involve an employment lawyer early so the facts are set out well before anything is submitted.
Can a lawyer represent me at conciliation?
No. Lawyers are not permitted to represent parties at conciliation at the Department of Industrial Relations.1
A lawyer can still help you prepare for that meeting.
When can a lawyer actually represent me?
Once the case reaches the Industrial Court.
That is where formal advocacy and legal argument typically happen.
What should I bring to a first conversation?
Your employment contract, the termination letter or message, and a rough timeline of what happened.
With these, a lawyer can understand your situation quickly. The evidence checklist lists more to gather.
How urgent is it to speak to a lawyer?
The 60-day window to lodge a representation runs from the dismissal date, so starting earlier leaves more room to prepare.2
Waiting too long can limit your options. Check the deadline calculator first.
What questions should I ask a lawyer?
Ask what stage your case is at, what evidence matters most, and what range of outcomes is realistic.
A good answer explains the process in plain terms.
Does talking to a lawyer commit me to anything?
No. Sending your facts to a lawyer does not oblige you to go ahead.
The decision on how to proceed stays yours.
If you want an employment lawyer to act for you, send the dismissal date and what happened to an independent lawyer. They can review the facts and reply on whether and how they can take it forward.
If you want an employment lawyer to act for you on your dismissal, send the date and what happened. An independent lawyer can review the facts and reply on whether and how they can act.
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
Do I need an employment lawyer to make a claim?
No. You can lodge a Section 20 representation without one. Many workers still involve an employment lawyer early so the facts are set out well before anything is submitted.
Can a lawyer represent me at conciliation?
No. Lawyers are not permitted to represent parties at conciliation at the Department of Industrial Relations. A lawyer can still help you prepare for that meeting.
When can a lawyer actually represent me?
Once the case reaches the Industrial Court. That is where formal advocacy and legal argument typically happen.
What should I bring to a first conversation?
Your employment contract, the termination letter or message, and a rough timeline of what happened. With these, a lawyer can understand your situation quickly.
How urgent is it to speak to a lawyer?
The 60-day window to lodge a representation runs from the dismissal date, so starting earlier leaves more room to prepare. Waiting too long can limit your options.
What questions should I ask a lawyer?
Ask what stage your case is at, what evidence matters most, and what range of outcomes is realistic. A good answer explains the process in plain terms.
Does talking to a lawyer commit me to anything?
No. Sending your facts to a lawyer does not oblige you to go ahead. The decision on how to proceed stays yours.
Sources
- After a representation is lodged the Department of Industrial Relations arranges conciliation, and solicitors are not permitted to represent the parties at that conciliation stage. Mah Weng Kwai & Associates
- A worker dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations seeking reinstatement within 60 days of the dismissal under Section 20 of the Industrial Relations Act 1967. Mah Weng Kwai & Associates
Keep reading
If you want an employment lawyer to act for you on your dismissal, send the date and what happened. An independent lawyer can review the facts and reply on whether and how they can act.
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.