If you have ever had a job, you will know that it is a requirement for employers to provide employees with benefits such as annual leave and sick leave. Unfortunately, not all employers will ensure that they provide the relevant employee benefits to their staff.

Read on to find out more about the role of an employee benefits lawyer and how you can choose one that will be best suited to you? Here are some questions that you can ask.

5 Questions You Should Ask Before Hiring an Employee Benefits Lawyer

1. What is your experience with workplace rights and obligations?

It is preferable to hire a lawyer who has established experience in issues dealing with workplace employment. Employee benefits lawyers’ should know that all employees are covered by Australia’s national workplace relations system and the Fair Work Act. Here are some key details that every employee benefits lawyer should know:

  • Knowledge about detailed and correct information regarding the policies, processes and procedures in the workplace
  • Ensure that the employee is being offered the correct employee benefits and that the employer is complying with workplace laws
  • Whether the employer is in breach of conditions and not paying the employee the right amount of leave and/or other conditions

2. How can an employee benefits lawyer help my situation?

Employee benefit lawyers will determine the types of leave entitlements that are available and applicable to their client. Knowing the difference between full-time, part-time and casual or contract employees determines whether employees are entitled to certain workplace rights. Each category places a different set of obligations on employers and determines the type of entitlements employees receive.

Generally, both part-time and full-time employees receive the same minimum entitlements such as sick leave and holiday leave. While casual and contract employees are not entitled to paid sick leave or annual leave.

Also, if you are considering hiring an employee benefits lawyer, their role will be determining whether there has been a suspected contravention of workplace laws, such as modern awards and agreements and will act to enforce these laws to ensure you are being treated fairly at your workplace.

3. Who will work with the employee benefits lawyer?

It is important to know that lawyers are extremely busy and this means they have others working on the case for them. This is an important question to ask because it determines whether there will be junior or senior staff working on your case. When hiring an employee benefits lawyer, it is essential that the person completing the majority of the work has the relevant experience.

4. What are the costs involved?

To prevent client uncertainty about billing methods, there should be full and frank disclosure about the legal fees. The lawyer should disclose the likely costs at the commencement of the matter, providing a written and itemised bill. Alternatives to this type of billing are the fixed/flat fee where lawyers and clients agree on a set fee.

5. What potential issues might be anticipated from my case?

If you’re looking to hire an employee benefits lawyer, it is most likely there is an issue with your employee contract. An employment contract is an agreement between an employer and employee that clearly sets out the terms and conditions. They can help you determine whether your employer is providing at least the legal minimums and conforming to the awards and agreements that apply.

An employee benefits lawyer can work out if a mistake has been made and determine whether the agreement is valid. They can determine whether there is an unfair or sham employment contract. Employees can request help from an employee benefits lawyer, if they feel their rights have been infringed and wish to recover their employment benefits.


The process of hiring the right employee benefits lawyer can be daunting. If you want to recover employee benefits, hiring an employee benefits lawyer should be considered. Hire a suitable employee benefits lawyer with LawPath’s lawyer directory to ensure that your workplace rights are fully protected.

Unsure where to start? Contact a LawPath consultant on 1800 529 728 to learn more about obtaining a fixed-fee quote from our network of 750+ expert lawyers or any other legal needs.

Michelle Ma

Michelle is a legal intern working in the content team at LawPath. With an interest in technology law and legal innovation, she is currently completing a Bachelor of Laws as well as a Bachelor of Criminology and Criminal Justice at the University of New South Wales (UNSW).