Commission & Court Representation for Employees

Fixed Fee Consultation
Peters Bosel Lawyers have a wealth of experience in advocating for clients from many different industries in matters before, Courts and Commissions.

Commission & Court Representation for Employees

Fixed Fee Consultation
Peters Bosel Lawyers have a wealth of experience in advocating for clients from many different industries in matters before, Courts and Commissions.

The need for effective Legal Representation in Workplace Matters for Employees

Appearing in Court, before the Fair Work Commission or the Queensland Industrial Relations Commission over a workplace issue, such as dismissal is likely to be an intimidating experience for an employee.

Not only is there the difficult and time-consuming task of understanding all of the terminology of the legislation which covers you and your workplace, also if you’re going up against your employer as the other party, it is most commonly the case that they will have expert legal representation.

Even if you choose to represent yourself in a formal complaint process or in an application to the Fair Work Commission, or some other authority, there is real merit in seeking legal assistance with preparing a detailed statement that summarises all the relevant facts in proper form that will satisfy the required evidentiary standard.

There are many situations in the modern workplace which may require you, as an employee, to seek legal advice including:

  • A breach of employment contract, award or agreement;
  • the need to recover unpaid wages, benefits or entitlements;
  • if you believe you’ve experienced bullying, harassment or discrimination in your workplace;
  • if you believe you’ve been employed under a contracting arrangement that is not genuine;
  • other genuine disputes with a current or former employer.

Peters Bosel Lawyers have a wealth of experience in advocating for clients from many different industries in matters before, Courts and Commissions. We can expertly advise you on the best ways to prepare and defend your interests.

What you need to know about legal representation on workplace matters

Certain statutory bodies such as the Fair Work Commission and Queensland Industrial Relations Commission have rules around legal representation.

The Fair Work Act in some circumstances requires that if you’re going to be represented by a lawyer before the Fair Work Commission, you must first seek the permission of a member of the Commission.  Similar provisions also apply for State based employers in the Queensland Industrial Relations Commission.

The starting position under the Fair Work Act is that a party in a matter before the Commission must normally appear on his or her own behalf, but it assesses permission for a person to be represented by a lawyer based on the complexity of the matter, efficiency and fairness.

In practice the Commission may grant permission in formal proceedings but if one party raises an objection, the Commission will make a decision based on the facts and circumstances of the particular case.

Permission is often granted because there are jurisdictional arguments to be resolved, which are complex and ideally require knowledge of case law. Some employers will challenge the right of the Commission to hear your case based on jurisdiction and this is where expert legal advice is crucial.

In summary

The growth of legislation covering the workplace has created a complex, time-consuming web of authorities and jurisdictions that an employee must try and understand before taking action in relation to their workplace issue.

Advice from experienced legal professionals is indispensable in order to save time, be effectively represented in Courts or Commissions, and achieve your desired outcome in relation to your employment-related issue.

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