When Should You Contact A Lawyer?
You are weighing whether your situation is worth raising with someone who knows employment law.
Deciding whether to involve a lawyer can feel like a big step on its own. This page explains what an employment lawyer actually does, and when contacting one tends to help most.
What does an employment lawyer actually do?
An employment lawyer reviews the facts of your dismissal against the legal test for unfair dismissal, helps you understand whether the process your employer used was fair, and advises on timing. That includes the 60-day window to make a Section 20 representation.1
Later, if your case reaches the Industrial Court, a lawyer can also represent you directly, gather evidence, and present your case.
When should you contact one?
Earlier tends to help more than later, ideally before you resign, sign a settlement, or let the 60-day window run down. Decisions made in the first few days after a dismissal are often the ones that matter most later.
That said, if you have already acted, a conversation is still worth having. It shifts from prevention to working out what options remain.
Can a lawyer help before you have even decided what to do?
Yes. Many people speak to a lawyer before deciding whether to pursue anything at all, simply to understand their situation. That conversation does not commit you to filing a claim or taking any particular step.
Understanding your options clearly is often the most useful thing that happens early on.
Can a lawyer represent you at conciliation?
No. Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; you attend and speak for yourself there.2 Many people still prepare with a lawyer beforehand, so they understand what to expect and how to present their position clearly.
That preparation can make a real difference to how the conciliation session goes, even without a lawyer in the room.
What changes once a case reaches the Industrial Court?
From that stage on, a lawyer can represent you directly at the hearing. Your employer carries the burden of proving the dismissal was fair, and a lawyer’s role includes testing whether they can actually do that.3
Preparing evidence early, while documents and memories are fresh, tends to matter more than anything done right before a hearing.
What can a first conversation clarify?
A first conversation typically looks at your dismissal date, the reason given, and what documents or evidence you already have. From there, it can clarify whether your situation likely meets the legal test, and what a realistic next step looks like.
No lawyer can promise an outcome before reviewing your facts properly, and any honest first conversation should say so plainly.
What to do this week
Write down your dismissal date, the reason given, and a short timeline of what led up to it. Gather anything in writing: your contract, the letter, appraisals, messages.
Then reach out for a short conversation while the 60 days is still running. Waiting does not usually make a situation clearer, and it can quietly close off options.
If you are weighing whether to speak to a lawyer, telling us the date you were dismissed and what happened is enough for us to help you see where you stand.
Common questions
What does an employment lawyer actually do for a dismissed worker?
A lawyer reviews your facts against the legal test for unfair dismissal, helps you organise evidence, and advises on timing, including the 60-day deadline. From the Industrial Court stage onward, a lawyer can also represent you directly.
When is the right time to contact a lawyer?
Earlier is generally better, ideally before you resign, sign anything, or let the 60-day window run down. Even if you already acted, a short conversation can still clarify where you stand and what to do next.
Can a lawyer represent me during JPPM conciliation?
No. Solicitors are not permitted to represent parties at that stage; you attend and speak for yourself. Many people still prepare with a lawyer beforehand, so they know what to expect and how to protect their position.
Do I need a lawyer if my case seems straightforward?
Not necessarily, but a short conversation can confirm whether it really is straightforward before you commit to a course of action. Some situations that look simple turn out to have gaps worth catching early.
What happens if I contact a lawyer and decide not to proceed?
That is a normal outcome of a first conversation. Its purpose is to help you understand your situation and options, not to commit you to anything, and you decide what happens after that.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations (JPPM); an employee attends and speaks for themselves. Mah Weng Kwai & Associates, Unfair Dismissal
- 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, Unfair Dismissal
Keep reading
If you are weighing whether to speak to a lawyer, telling us the date you were dismissed and what happened is enough for us to help you see where you stand.