How employment lawyers charge fees
You want to know how legal fees work before you commit to hiring anyone.
Does every stage of a claim involve legal fees?
No. Solicitors cannot represent either party at the conciliation stage run by the Department of Industrial Relations, so that meeting carries no courtroom-style representation fees.1
Fees are more likely to apply to three stages. These are preparing your Section 20 representation, advising you before conciliation, and representing you at the Industrial Court. Each can be priced separately, and not every case needs all three.
An employment lawyer can brief you before conciliation even though they cannot sit in the room. Much of the early value comes from that preparation.
How do lawyers structure their charges?
Some charge a fixed fee for a defined task, such as drafting your representation or reviewing a settlement offer. Others charge an hourly rate for ongoing work, once a case is underway and its scope is harder to predict.
Neither is better in every case. It depends on how clear your case is when you first ask.
What should you ask before agreeing to anything?
Ask what the quoted fee includes, and what would count as extra work. Ask how you will be told about costs as the case moves.
Ask what happens to fees already paid if the matter settles early. A written answer to each question protects both sides from confusion later.
What should you do this week?
You have 60 days from your dismissal to file a Section 20 representation, so factor that into any decision about cost.2 Use the deadline calculator to see how much time you have to compare options.
If you are weighing hiring someone against going alone, read about representing yourself at the Industrial Court.
If you want a lawyer to review your case and set out their fees, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and documents.
If you want to see how fees would work for your own claim, an independent employment lawyer can set them out when they review your case and act for you.
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 to pay a lawyer for the conciliation stage?
Solicitors cannot represent either side at conciliation, so that stage has no courtroom-style legal fees. A lawyer can still prepare you beforehand.
Is there one standard rate for an unfair dismissal case?
No. Fees vary by lawyer and by how the work is scoped, either as a fixed fee for a specific task or an hourly rate for ongoing work. Ask for the structure in writing early.
What should I ask about cost before hiring someone?
Ask what is included, what counts as extra work, and how billing is tracked as the case moves. A clear answer to all three matters more than the headline number.
Is spending money on a lawyer worth it for a small claim?
That depends on your evidence, the remedy you could get, and how much guidance you need. A first conversation helps you weigh the cost against what the claim could involve.
Sources
- Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you want to see how fees would work for your own claim, an independent employment lawyer can set them out when they review your case and act for you.
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.