What Working With A Lawyer Looks Like
You are about to speak to a lawyer for the first time about your dismissal.
What Does Working With A Lawyer Actually Look Like
It usually starts with a conversation about your dismissal date, the reason given, and what documents you already have. From there, a lawyer can help you check whether your facts fit the legal test before you file anything.
If you decide to proceed, many people prepare with a lawyer before lodging a written representation within the 60-day window1. That preparation focuses on getting the facts and dates right.
What Changes At Each Stage
At conciliation, a lawyer cannot represent you directly, since solicitors are not permitted to attend on your behalf2. Their role at this point is mostly preparation, helping you understand what to expect and how to present your position.
If the case reaches the Industrial Court, that changes. A lawyer can represent you directly, gather evidence, and present your case at a hearing.
What A Lawyer Does Not Do
A lawyer does not decide your case for you or promise a particular result before reviewing your facts. Their role is to explain your options clearly, not to make the decision on your behalf.
They also do not need every document before a first conversation. Missing paperwork is common soon after a dismissal, and a lawyer can still advise you based on what you remember while more details come together.
Preparing For The Process
The employment lawyer entity page explains this role in more depth. The Section 20 representation entity and the guide on the steps to file your claim cover the filing stage specifically.
For what happens at a hearing, see the guide on the Industrial Court claim process.
A first conversation is the natural starting point, regardless of which stage your situation is currently at.
If you want to understand what working with a lawyer will actually look like for your case, a short conversation can walk you through it.
Common questions
What happens in the first conversation with a lawyer
A lawyer usually reviews your dismissal date, the reason given, and what documents you already have, then explains what your options look like.
Does a lawyer help before I file anything
Yes. Many people work with a lawyer to check their facts and dates before filing a written representation within the 60-day window.
What does a lawyer do during conciliation
They cannot attend and represent you at that stage, since solicitors are not permitted to at conciliation. Preparation beforehand is where their input matters most here.
What changes if the case reaches a hearing
A lawyer can represent you directly from that stage onward, gathering evidence and presenting your case at the Industrial Court.
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
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; an employee attends and speaks for themselves Mah Weng Kwai & Associates
Keep reading
If you want to understand what working with a lawyer will actually look like for your case, a short conversation can walk you through it.