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Complaints about lawyers & paid agents

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On this page

  • Things you should know
  • Who to contact

We sometimes receive complaints from people about lawyers or paid agents who represented them in cases at the Commission. Examples of complaints include that a lawyer or paid agent:

  • repeatedly failed to answer phone calls or respond to emails
  • failed or refused to pass on settlement money to them
  • told them that they may be sued or charged a monetary amount if they told anyone about their experience with the lawyer or paid agent.

The Commission has received complaints from people who were represented by Employee Claims Pty Ltd ABN 46 638 548 115 (trading as Employee Dismissal Claims) in Commission proceedings. They say that this company received settlement money on their behalf but did not pass the money on to them (for example, by not responding to repeated phone calls and emails.)

The Commission does not require terms of settlement to state that settlement money will be paid to a lawyer or paid agent’s account. Settlement money can be paid to a party directly.

In a recent Commission decision, the Commission discussed some concerning conduct by Employee Dismissal Claims, including failure ‘at every juncture to provide the Commission with accurate information’ (see paragraph [13] of the decision). This decision is published on the Commission’s website and is available at [2020] FWC 5682.

The Australian Competition and Consumer Commission (ACCC) has a Public Warning Notice on its website about the alleged conduct of Dismissals Direct Pty Ltd ACN 616 466 865 (trading as Unfair Dismissals Direct).

Things you should know

Know whether or not you’re speaking to someone from the Commission

If you are not sure whether someone you have spoken to or dealt with is from the Commission:

  • Ask us — Call 1300 799 675. If you’re overseas, call +61 293 081 808.
  • Check the email address – Commission email addresses end in “@fwc.gov.au”. We will never use social media to contact you.

Know what you’re being charged for Commission services

Some types of applications to the Commission have an application fee.

There are no other fees or charges to use the Commission’s resources and services.

Know who your lawyer or paid agent works for

The Fair Work Commission doesn’t have lawyers or paid agents that you can hire.

We never endorse or recommend lawyers or paid agents. We are not affiliated with any lawyers or paid agents. If your lawyer or paid agent tells you any of these things, contact us. Call 1300 799 675 or send us an online enquiry.

Check the website you’re on. Our website is www.fwc.gov.au. If the website address ends in “.com.au”, “.com” or “.org”, it’s not us.

Who to contact

If you have concerns about the conduct of a lawyer or paid agent in a Fair Work Commission case, you can contact:

  • The ACCC – submit an online enquiry or report a consumer issue.
  • Your state or territory law society – if your complaint is about a lawyer.
  • Your state or territory consumer protection agency – you’ll find a list of agencies on the ACCC’s website.
  • Us – submit an online enquiry or call 1300 799 675. If you’re overseas, call +61 293 081 808.

Updated time

Last updated

08 January 2021

 

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