If you are looking to lodge an unfair dismissal claim, and are considering hiring a third party to represent you, please consider these practical tips to protect yourself.
Do I need representation for an unfair dismissal claim?
Individuals do not need to be represented at the Fair Work Commission, in fact, almost half choose to represent themselves.
If you do wish to engage a representative, read contracts carefully before signing to determine:
- what services will be provided
- whether the contract limits your ability to keep negotiating for the best possible payout
- how much the service costs
- whether the services are good value when compared to a potential payout.
Other tips include:
- look for online reviews before signing up
- shop around – many representatives in the industry offer free consultations, so find the one that best suits your needs
- ask how any settlement money will be handled and if it will be paid directly to you or the company
- at the Fair Work Commission, you are able to request that any settlement money will be paid to you directly
- lawyers are subject to strict legal obligations when handling client money. Commercial operators, who are not lawyers, are not subject to the same obligations
- keep a copy of your contract and any associated terms and conditions
- if COVID restrictions allow, visit the offices of the representative before signing up.
Find out more about the unfair dismissal process
The Fair Work Commission, Australia's national workplace relations tribunal, produces free, reliable information about the unfair dismissal process, including:
- Unfair dismissal process
- Unfair dismissal eligibility quiz
- Where to get help for unfair dismissals
- Complaints about lawyers and paid agents
Information is also available from the Fair Work Ombudsman.
Why is the ACCC providing this guidance?
In December 2020 the ACCC issued a public warning notice about the alleged conduct of Dismissals Direct Pty Ltd, trading as Unfair Dismissals Direct, a company that represented employees in unfair dismissal claims before the Fair Work Commission. At the time the public warning notice was issued, Mr John Bingham was the sole director of Unfair Dismissals Direct.
Unfair Dismissals Direct advertised its services online and offered potential clients a ‘free confidential assessment’. The company did not offer legal services, but acted as a paid agent on a ‘no win, no fee’ basis and deducted its fees from final settlements for clients.
From May 2018, the ACCC received complaints about Unfair Dismissals Direct, including from 18 consumers around Australia who complained that Unfair Dismissals Direct did not pay them their settlement monies, minus its fees, after their unfair dismissal claim was settled.
The ACCC has reasonable grounds to suspect that Unfair Dismissals Direct may have engaged in misleading and deceptive conduct, and made false or misleading representations by keeping the remaining balance owed to clients from their settlements.
Authorised by the Australian Government, Canberra.