What does an unfair dismissal claim cost?
You want the real cost of a claim before you commit time or money.
Does the early stage of a claim cost legal fees?
Not in the way a courtroom hearing would. Solicitors cannot represent either party at the conciliation run by the Department of Industrial Relations, so that meeting carries no representation fees of its own.1
Costs are more likely to appear if your case goes to the Industrial Court, where formal representation is more common. Even then, fees vary between lawyers and depend on how the work is scoped.
What does the cost look like beyond money?
Time is the cost people most underestimate. A case can take months to move through conciliation and, if needed, a hearing, while you manage the rest of your life.
Waiting on a result with uncertain income adds its own strain. So does emotional energy, especially if you are job hunting or supporting a family in the meantime.
How do you weigh cost against the likely outcome?
Put the expected legal fees beside the strength of your evidence and the remedy that could follow if you succeed. Clear documents make that comparison easier.
No outcome is promised, so treat it as an honest estimate, not a calculation. Weak evidence with high fees is a very different picture from strong evidence with modest fees.
What should you do this week?
Ask a prospective lawyer what your situation would cost, and what happens if the case ends earlier than expected. Get the answer in writing where you can.
Check your 60-day window on the deadline calculator before that conversation.2
If you are still deciding, read whether an unfair dismissal claim is worth it alongside this guide. If you want an unfair dismissal lawyer to review your Section 20 representation and say how they would charge, send your dates.
If you are considering a claim and want a realistic view of the cost, an independent employment lawyer can review your case. They can set out how they would act and charge.
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 a Section 20 representation itself cost money?
The representation and the conciliation that follows do not involve courtroom legal fees, since solicitors cannot represent parties there. Costs are more likely if the matter reaches the Industrial Court.
What non-financial costs should I think about?
Time is the biggest, since a case can take months to move through each stage. Emotional energy matters too, especially if you are also job hunting.
How can I estimate whether the cost is worth it?
Compare the expected legal fees with the strength of your evidence and the remedy that could follow. A first conversation with a lawyer helps you see that comparison clearly.
Are there costs if the case settles early?
There may be fewer fees than a full hearing would bring, but it depends on how the lawyer's fee was set up. Ask about this before you begin.
Sources
- Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you are considering a claim and want a realistic view of the cost, an independent employment lawyer can review your case. They can set out how they would act and charge.
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.