Can a lawyer join your conciliation?
You have a conciliation coming and want to know if a lawyer can attend.
Can you bring a lawyer to JPPM conciliation?
No. Solicitors may not represent either side in the room at conciliation with the Industrial Relations Department (JPPM).1
The session is a direct conversation between you and your employer, guided by an industrial relations officer.
This surprises workers who expect the legal representation available at a later court hearing. It does not mean legal help has no place, only that its role at this stage is different.
Where does legal help still fit?
Before the meeting, a lawyer can help you organise your facts and choose a reasonable position. After it, a lawyer can review any settlement offer before you decide whether to accept.
During the meeting you speak for yourself, so know your key points beforehand and the outcome you would accept. If conciliation fails, the case moves toward the Industrial Court, where legal representation is available.
How do you prepare given this rule?
Write down your key facts, the outcome you want and the lowest settlement you would accept, and bring a short summary to keep you focused. Practise saying it aloud beforehand, even alone.
Confirm your filing deadline with the deadline calculator, because the 60-day clock runs whatever the conciliation rules are.2 Read about what happens during the conciliation meeting so the format does not catch you off guard.
Who can prepare you?
If you want a lawyer behind you for conciliation, an employment lawyer can prepare you beforehand and review anything you are offered afterwards. An independent lawyer can then act for you on the claim if you have grounds.
If you want a lawyer behind you for conciliation, an independent employment lawyer can prepare you beforehand and act for you on the claim from there.
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 are lawyers not allowed in the conciliation room?
The stage is meant as a direct, informal conversation between you and your employer, guided by an officer, not a formal legal hearing. Keeping lawyers out is meant to keep the format simple.
Does this mean legal advice is useless before conciliation?
No. A lawyer can help you prepare what to say, understand a reasonable settlement range and review any proposed terms afterwards, even without being in the room.
Can a lawyer help me after conciliation ends?
Yes, particularly if the matter is referred to the Industrial Court after conciliation fails. Legal representation is available at that stage, unlike in conciliation.
Can I ask for a short adjournment to review an offer?
Asking for time to review a proposed settlement is a reasonable request. Using that time to check the terms with a lawyer before agreeing is a sensible precaution.
Sources
- Solicitors are not permitted to represent parties during conciliation at the Industrial Relations Department; an industrial relations officer mediates directly between the worker and the employer instead. Mah Weng Kwai & Associates
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
Keep reading
If you want a lawyer behind you for conciliation, an independent employment lawyer can prepare you beforehand and act for you on the claim from there.
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.