When You Might Not Need A Lawyer
You are not sure a lawyer is needed yet, and that can be true.
You can handle the first two stages of a claim yourself. A lawyer becomes more useful as the case grows harder.
When can you manage alone?
Filing your representation and attending conciliation are both steps you can do yourself. Solicitors are not permitted to represent you at conciliation anyway.1
This works best when your facts are clear and easy to explain, such as a plain dismissal with one main issue.
When does a lawyer help more?
If your case looks likely to reach the Industrial Court, or your facts involve overlapping issues, bring a lawyer in earlier. Complexity matters more than how serious the dismissal felt.2
If your real complaint is unpaid wages or a benefit you are owed, take it to the Labour Department. A dismissal claim is the wrong route.
How do you check your own assumption?
Do not decide to go alone out of habit or cost worries. A short conversation can show whether your instinct fits your facts.
Sending your facts is only the first step. Whether to hire a lawyer, settle or file comes after that.
What should you do instead?
Check your deadline on the 60-day deadline calculator whichever path you choose. The employment lawyer page explains what a lawyer adds at each stage.
For the earlier decision, read when not to file a dismissal claim.
If you want a lawyer to act for you, send your dismissal date and what happened. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you are comparing a settlement with a claim over your dismissal, send your dismissal date and what happened. An independent employment lawyer can review them and handle the claim if it is worth pursuing.
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
Can I file and attend conciliation without a lawyer?
Yes. You can lodge the representation yourself, and solicitors cannot represent you at conciliation anyway. Some people manage this stage alone.
When should I bring in a lawyer?
If your case looks likely to reach the Industrial Court, or your facts are complicated, a lawyer helps more the earlier you involve them.
What if my issue is really unpaid wages?
That belongs with the Labour Department under the Employment Act, not a dismissal claim.
Is it risky to skip a lawyer entirely?
It depends on your case. A short conversation, even if you handle the rest yourself, can catch gaps you would otherwise miss.
Sources
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; an employee attends and speaks for themselves Mah Weng Kwai & Associates
- 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
Keep reading
If you are comparing a settlement with a claim over your dismissal, send your dismissal date and what happened. An independent employment lawyer can review them and handle the claim if it is worth pursuing.
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.