Engaging a lawyer is not much different from engaging a plumber or electrician, yet most people don’t know when or how to do it.
The Fair Work system was set up so that employees can access fair and informal dispute resolution for little or no cost. There is also a tradition in Australia that collective matters in particular are handled by ordinary people.
However, given the proliferation of individual rights, and due to procedural and jurisdictional complexities, employment matters are frequently legally complicated, and many employees who take on their own legal dispute find themselves out of their depth.
Matters that definitely require representation
Some matters obviously require legal representation. For example, you have been dismissed, and you are wondering about unfair dismissal, or you have been discriminated against, and you are considering a general protections application or a discrimination claim. You might have a tricky redundancy situation. A lawyer can give you realistic advice about whether a claim is worth pursuing, which jurisdiction to go to, and take care of the communication and administration.
Initiating legal action is a serious step to take, and there can be cost implications on you if you do it without reasonable cause, or if you act unreasonably during the dispute. The lawyer’s job is to help you through that confusing process and protect your interests. Good legal representation will usually pay for itself by achieving a better result than you would be able to achieve on your own.
Increasingly, employees are being offered a deed of release or separation agreement at the end of their employment. A deed of release is an agreement that releases your employer from future liability, often in exchange for payment. A lawyer will know whether the offer is fair and reasonable and can also advise on other tricks and traps at the end of employment. This assistance is legal advice, and it’s worth paying for.
Matters where you may require a lawyer
Many other matters arise during the employment where you could benefit from legal advice, for example in relation to allegations of misconduct or poor performance, ill health, and underpayments.
It’s worth remembering that Human Resources (HR) are not really there for the employee. HR can be very helpful, but at the end of the day, their job is to protect the legal interests of the employer; not the employee. Government institutions are also restricted in what they can and cannot do. The FWO, for example, may uphold the law, but they are not going to advocate for you.
Many people require a lawyer or agent to communicate and negotiate with their employer because the relationship has significantly broken down, or they no longer feel safe communicating with them directly.
A note on artificial intelligence
Finally, be careful about using AI. Although it is tempting to turn to AI for advice or have it spit out pages of fluent submissions, each court or tribunal has guidance about using AI which you must comply with. The Fair Work Commission has recently published guidelines about the use of AI here: https://www.fwc.gov.au/genai
Remember that privacy is not guaranteed with AI, so use it at your own risk. AI may also provide incorrect citations and material, over-state the strength of your case, and produce voluminous materials that do not assist your case. It is important to present your case in the best way possible. Anyone whose job requires a lot of reading, such as a Judge or Commissioner, can spot AI and it can detract from the authenticity of your submissions.
This article is information only and is not legal advice. It relates primarily to employees under the Fair Work Act 2009 (Cth). Henry Bournes 2026 © Liability limited by a scheme approved under Professional Standards Legislation.