What Does An Industrial Court Case Cost?
You want to know what a hearing might cost before you commit.
Cost is the first practical question at the court stage. It rises here because this is where a lawyer starts to represent you.
What does an Industrial Court case cost?
At conciliation you attend without a lawyer, so there is little to pay. At court a lawyer can speak for you, and hearings need much more preparation.
The amount depends on how complex your case is. Ask for a figure or a fee structure once a lawyer has seen your papers.
How much can the court award?
Back wages are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer.1 That gives the money at stake a known ceiling.
A smaller possible award does not make the case pointless. The court can also order reinstatement.
What drives the price?
A case with clear documents and a plain timeline costs less than one built on disputed facts. Your employer has to prove the dismissal was fair, so much of a lawyer’s work is testing whether it can.2
Ask for the fee structure before you agree, and ask whether it changes if the case runs longer.
Why raise cost early?
If you wait until a hearing date is close, there is less room to plan. Ask as soon as the case is referred.
That also lets you ask about staged fees, where you pay for one phase of the case at a time.
How do you get a real answer?
Read about the Industrial Court to see what this stage involves. For the earlier stage, read what filing a dismissal claim costs.
For fee questions in general, read what an employment lawyer costs.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and the referral letter. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you are weighing the cost of your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can tell you whether 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
Why does cost rise at court?
This is the first stage where a lawyer can speak for you, and hearings need more preparation, documents and time than conciliation. Fees follow that extra work.
Does a bigger remedy make higher fees worth it?
Back wages are capped, so the money at stake has a ceiling. Whether fees are worth it depends on your facts, not only on the size of a possible award.
What should I ask about fees before a hearing?
Ask how the fee is set: by the hour, fixed, or in stages. Ask whether it changes if the case runs longer than planned.
Can I recover costs from my employer?
The rules on costs depend on the case, so ask a lawyer directly. A general guide cannot answer it for you.
Sources
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer Donovan & Ho
- 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
Keep reading
If you are weighing the cost of your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can tell you whether 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.