What does legal help cost after dismissal?
Money is already tight, and you want to know the cost before you commit.
How much does legal help cost after a dismissal?
There is no fixed number. Fees depend on how far your case goes and how the lawyer structures the arrangement, so ask about fees directly and early.
At conciliation, run by the Industrial Relations Department, lawyers are not allowed to represent either side in the room.1 Much of the early legal work is therefore preparation, not time in a hearing room.
What affects the cost?
The stage matters most. A written representation and conciliation take less lawyer time than a full Industrial Court hearing.
The complexity of your facts matters too, for example whether your employer disputes the dismissal date or the reason given. Fee structures differ between lawyers, and some only become clear once the lawyer has seen your documents.
How should you weigh the cost?
Set the cost against what the claim could produce, not against a promised figure. If reinstatement is not ordered, compensation can include back wages, capped at 24 months for a confirmed employee and 12 months for a probationer.2
Read what a claim could be worth and how the unfair dismissal process unfolds, so the costs hold no surprises. Ask what happens to the fee if the case settles at conciliation instead of reaching a hearing.
A lawyer can also review a settlement offer before you sign it, which is a smaller piece of work than a full case. Confirm your filing date with the deadline calculator, so cost questions do not use up the time you have to act.
If you want a lawyer to act for you, at an agreed consultation with an identified lawyer, bring your termination letter, contract, last payslips and a dated timeline to an independent employment lawyer. They can review the case, say whether they can take it on, and explain how their fees work.
If you are considering a claim, an independent employment lawyer can set out what representation involves. They can explain how they would act on your case and how their fees work.
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
Is the first conversation with a lawyer chargeable?
That depends on the lawyer, so ask directly before the call rather than assuming either way. A first conversation usually covers your facts and dates.
Does a stronger case cost less to run?
Not necessarily, but a case with clear documents, a confirmed dismissal date, and a written record of events is usually faster to assess and prepare, which can affect the time a lawyer needs to spend on it.
Can I handle the written representation myself and only bring in a lawyer later?
Some workers do lodge the initial representation themselves and get advice at a later stage. It helps to at least have the wording checked, since a poorly worded representation can weaken a case that otherwise had merit.
What happens to legal costs if the case settles early?
Costs follow the work actually done, so a case that settles during conciliation involves less lawyer time than one that reaches a full hearing. Ask your lawyer to explain this at the start.
Sources
- Solicitors are not permitted to represent parties during conciliation at the Industrial Relations Department. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
If you are considering a claim, an independent employment lawyer can set out what representation involves. They can explain how they would act on your case and how their fees work.
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.