5 Powerful Reasons you shouldn’t do it Alone at the Fair Work Commission

Thinking of representing yourself in a dismissal or general protections claim? Before you do, here’s why professional representation can be the smartest move you make—especially when facing off against your employer.

1. The Law Isn’t As Simple As It Looks

Behind every unfair dismissal or general protections claim are complex legal tests, time limits, and procedural rules. Many employees wrongly assume it's a straightforward process—until they face jurisdictional objections or get tripped up by technicalities.

A representative understands how to:

• Navigate legal hurdles (like proving there was a dismissal, or that a business is a national system employer)

• Frame your case under the correct provisions

• Respond to tricky arguments in real time

2. You’re Going Up Against Experts

Employers rarely walk in unprepared. They’ll often bring lawyers, HR consultants, or seasoned workplace representatives. That means you’re facing a power imbalance from the start.

The Fair Work Commission can allow representation where:

• The matter involves legal or evidentiary complexity

• You’d otherwise be disadvantaged Even if your case seems “simple,” representation ensures you’re not outmatched.

3. You Could Miss Out on the Outcome You Deserve

Even strong cases can fall over due to:

• Poorly framed evidence

• Missed deadlines

• Misunderstood legal principles

Professional advocates don’t just argue—they strategise. They know what facts to emphasise, what legal arguments to press, and how to keep pressure on the employer during negotiation or hearing.

4. Conciliation is About Leverage—Representation Gives You More

Most claims settle at the conciliation stage. That’s good news—but only if you can negotiate well.

With a representative, you can:

• Push for outcomes the Commission can’t order (like changing the dismissal to a resignation)

• Secure better compensation or non-monetary remedies

• Avoid being talked into a lowball deal

This is your one chance. Make sure you get what’s fair.

5. You Deserve to Be Taken Seriously

Many employees take action not just for compensation—but to hold their employer accountable.

Representation helps ensure:

• Your voice is respected

• Your employer knows they can’t ignore their obligations

• The process is fair, not overwhelming

The Fair Work Commission is there to ensure justice—but it doesn’t fight your case for you. A skilled representative does. And that could be the difference between walking away empty-handed… and walking away with justice.