What Working With A Lawyer Looks Like
You are about to talk to a lawyer for the first time.
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.
Working with a lawyer starts with a short conversation and grows only as far as you choose. Here is how each stage looks.
How does it start?
The contact request begins with your dismissal date, employment status and a brief summary of the reason given. Keep documents private until an identified independent lawyer contacts you and requests them for a later consultation. The lawyer can then help you check whether your facts fit the legal test before you file.
If you go ahead, some people prepare with a lawyer before lodging the written representation within 60 days.1 The preparation is about getting facts and dates right.
What changes at conciliation?
A lawyer cannot represent you at conciliation, because solicitors are not permitted to attend for you.2 Their part is to prepare you.
They help you understand what to expect and how to put your position clearly.
What changes at the Industrial Court?
The lawyer can now represent you directly. They can gather evidence and present your case at the hearing.
This is the stage where their role is largest.
What does a lawyer not do?
A lawyer does not decide your case for you, and cannot promise a result before seeing your facts. Their job is to explain your options so you can choose.
You also do not need every document for a first conversation. Missing papers are common after a dismissal, and a lawyer can still advise from what you remember.
How do you prepare?
Read the employment lawyer page for the full picture. The Section 20 representation page and the guide to the steps to file your claim cover filing.
For what happens at a hearing, read how an Industrial Court case works.
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 ready to start a claim over your dismissal, send the date and what happened. An independent employment lawyer can 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
What happens in the first conversation?
The lawyer looks at your dismissal date, the reason given and the documents you have, then explains your options.
Does a lawyer help before I file?
Yes. Some people have a lawyer check their facts and dates before they file a representation inside the 60-day window.
What does a lawyer do at conciliation?
They cannot attend and represent you, because solicitors are not permitted there. Their help comes beforehand, in preparing you.
What changes if the case reaches a hearing?
A lawyer can represent you directly, gather evidence and present your case at the Industrial Court.
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
- 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
Keep reading
If you are ready to start a claim over your dismissal, send the date and what happened. An independent employment lawyer can 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.