Several employment law firms in Sydney operate on a no win no fee basis, meaning you pay nothing in legal fees unless your case succeeds. This arrangement is common for unfair dismissal claims, general protections claims, and workplace discrimination matters. Firms including Australian Discrimination Law, Jewell Hancock Employment Lawyers, and FCB Workplace Law have handled no win no fee employment matters for Sydney-based clients.
What Cases Qualify for No Win No Fee
Not every employment dispute will be accepted on a no win no fee arrangement. Lawyers assess the strength of your claim before agreeing to act on that basis. Cases most commonly accepted under this model include unfair dismissal applications to the Fair Work Commission, general protections claims (where an employer takes adverse action against you for exercising a workplace right), and underpayment or wage theft claims where the amounts owed are clearly documented.
Discrimination claims under the Anti-Discrimination Act 1977 (NSW) or the Fair Work Act 2009 may also qualify, depending on the evidence available. Claims with a low prospect of success, or those involving very small sums, are less likely to be taken on a no win no fee basis because the legal costs would outweigh any potential recovery.
How Fees Actually Work
Under a no win no fee arrangement, your lawyer typically charges a success fee or a percentage of the settlement if you win. This percentage can range from 20% to 35% of the amount recovered, though it varies by firm and by the complexity of the case. Some firms charge their standard hourly rate from the recovered amount rather than a fixed percentage.
You should also ask about disbursements. These are out-of-pocket costs such as filing fees, expert reports, and barrister fees. Some firms cover disbursements until resolution; others require you to pay them upfront regardless of the outcome. Get a written costs agreement that spells out both the success fee structure and who bears disbursements.
Time Limits You Need to Know
Employment claims in NSW and federally have strict deadlines. An unfair dismissal application must be filed with the Fair Work Commission within 21 days of your dismissal taking effect. General protections claims also carry a 21-day limit. Anti-discrimination complaints lodged with the NSW Anti-Discrimination Board must be filed within 12 months of the alleged conduct. Missing these windows will almost certainly end your claim before it begins, so contact a lawyer as soon as possible after the incident.
Frequently Asked Questions
Do I need to pay anything upfront to see an employment lawyer in Sydney?
Many Sydney employment lawyers offer a free initial consultation, typically 30 minutes, to assess your situation before you commit to any arrangement. After that consultation, if your matter is suitable for no win no fee, you should receive a written costs agreement before any work begins.
What if I lose my case under a no win no fee agreement?
If your case is unsuccessful, you will generally owe no legal fees to your own lawyer under a genuine no win no fee agreement. You may, in some circumstances, be ordered to pay the other side’s costs, though this is uncommon in Fair Work Commission proceedings. Confirm this risk with your lawyer before proceeding.
Can I switch lawyers if I am unhappy with my current one?
Yes. You can change lawyers at any time. If you are partway through a no win no fee matter, your original lawyer may have a lien over any eventual settlement to recover their costs to date. Review your costs agreement carefully and seek a second opinion if you are unsure of your position.
