What Does Filing A Dismissal Claim Cost?
You want to know what you would pay before you file.
The first two stages of a Section 20 claim do not need a lawyer. Legal fees only matter if the case goes further.
What does it cost to file the claim?
Filing means writing to the Director General of Industrial Relations within 60 days of your dismissal.2 You can write that letter yourself.
Conciliation follows, and solicitors are not permitted to represent either side there.1 You attend and speak for yourself, so there is no lawyer to pay at that stage.
When do legal fees start?
Fees start if conciliation fails and the case goes to the Industrial Court. That is the first stage where a lawyer can speak for you.
At that point representation is possible, and for most people it is also more practical. The hearing needs documents, witnesses and preparation.
What decides how much a lawyer charges?
A case with clear documents costs less than one with disputed facts and long email trails. The number of hearing days also matters, because fees are tied to time spent.
Ask any lawyer for the fee structure before you agree. It may be hourly, a fixed sum for each stage, or something else, and you should know which before work begins.
How do you get a real answer for your case?
Confirm your filing date first on the 60-day deadline calculator. A case that cannot be filed has no cost to weigh.
The Section 20 representation page explains the filing step.
If the case reaches a hearing, read what an Industrial Court case costs. For fees in general, read what an employment lawyer costs.
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 weighing the cost of a claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and tell you whether the claim 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
Does filing the representation cost anything?
Filing does not need a lawyer. Conciliation comes next, and a lawyer cannot represent you there either, so most people reach the end of that stage without legal fees.
When do legal fees start?
Fees start to matter if conciliation fails and the case goes to the Industrial Court. That is the stage where a lawyer can speak for you.
What should I ask a lawyer about fees?
Ask how the fee is charged: by the hour, as a fixed sum, or in stages. Ask what happens to the fee if the case runs longer than planned.
Should I ask about the cost of a first review?
Yes. Ask before you send your documents whether the first review has a charge and what it covers. A clear answer tells you how the lawyer will handle the rest.
Sources
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation 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, asking to be reinstated, within 60 days of the dismissal Mah Weng Kwai & Associates
Keep reading
If you are weighing the cost of a claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and tell you whether the claim 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.