Log in or become a subscriber

Employers are becoming increasingly concerned about facing claims in the Fair Work Commission from workers who are represented by people without legal qualifications.

Several parties, who wish to remain anonymous, have contacted HR Daily about this issue, saying both employees and employers are incurring unnecessary costs – in money, time and effort – because employees are receiving substandard advice.

Examples include where the representatives, some of whom advertise themselves as specialists in unfair dismissal applications, appear not to have looked at employment contracts before making a claim, resulting in actions without merit reaching conciliation stage before employees are advised they have little or no prospect of success.

And although the FWC is a 'no costs' jurisdiction, HR Daily's research suggests some non-legal representatives that purport to operate on a 'no-win, no-fee' basis do end up charging workers a significant fee if their claim is withdrawn, for example during mediation or conciliation...