When workplace issues arise—be it a misconduct allegation, a bullying complaint, or a dispute about dismissal—many people instinctively turn to an employment lawyer. And while lawyers have their place, they’re not always the best first call.
In fact, in many cases, a HR consultant or Employment Relations (ER) specialist can resolve the issue faster, more pragmatically, and at a fraction of the cost.
Let’s explore why—and look at a real-world example where this made all the difference.
What’s the Difference Between an Employment Lawyer and a HR Consultant?
- Employment Lawyers are trained in legal process and advocacy. They’re ideal for litigation, contract disputes, or if the matter is heading to the Fair Work Commission.
- HR Consultants / ER Specialists work directly with businesses and employees to resolve disputes internally. They are experts in Fair Work Act compliance, workplace policies, performance management, and investigations—without always needing to escalate matters to court.
Most day-to-day workplace problems can be managed without legal escalation.
The Hidden Cost of Engaging a Lawyer Too Soon
Legal fees can rack up quickly. A simple matter like a warning letter or underperformance review can cost thousands when managed through a law firm—without necessarily delivering better outcomes.
Case Study: When Legal Advice Got Expensive (and Nowhere)
A client recently came to us after engaging an employment lawyer for what began as a dispute over how their performance was being managed.
They had:
Paid over $8,000 in legal fees
- Received lengthy, technical advice full of hypotheticals
- Gotten no resolution with the employer
- Grown increasingly anxious, frustrated, and stuck
We were referred to them by a colleague who had worked with us before.
Within one week, we:
- Reviewed their situation and provided clear, strategic options
- Helped them articulate a respectful yet firm email requesting procedural fairness
- Advised on a negotiated outcome that protected their entitlements and reputation
- Achieved closure and a positive exit from the business
Our total fee? Less than half what they’d already spent—with a result they were satisfied with.
Why Choose a HR Consultant or ER Specialist First?
- Pragmatic advice, not pages of legal theory
- Faster turnaround and action-focused outcomes
- Cost-effective, especially for individuals or small and medium sized businesses with limited HR support
- Human-centred approach that reduces conflict and stress
- We know the law—but we also know how to work with people and resolve problems before they spiral.
When Should You Call a Lawyer?
To be clear, lawyers are essential in certain cases:
- If you’re facing court proceedings or Fair Work Commission hearings that involve complex legal argument or appeals
- If your matter involves serious legal risks like discrimination, adverse action, or whistleblower protections
- If you need to draft or enforce a formal legal agreement
However, in many matters before the Fair Work Commission—such as unfair dismissal, general protections applications, and dispute resolution processes—a HR consultant or ER specialist can appear as a ‘paid agent’.
In fact, we regularly appear at the Fair Work Commission on behalf of clients, representing both employers and employees. We understand the Commission’s processes and expectations and can deliver confident, professional advocacy—often with greater flexibility and at lower cost than a law firm.
Final Thoughts
Before you spend thousands on legal letters or formal applications, consider whether the issue actually needs a lawyer—or just someone who understands how Australian workplaces operate.
At ER Focus, we help businesses and employees across Australia handle workplace issues the smart way—with expertise, discretion, and practical outcomes.
Need Help Resolving a Workplace Issue?
Contact us for confidential advice or a no-obligation call. We specialise in:
- Workplace investigations (HR Investigations)
- Misconduct and bullying complaints
- Performance management
- HR coaching and compliance reviews
Reach out today and let’s solve the problem—without unnecessary complexity or expense. Call or Text David Haydon on mob. 0409400118
Disclaimer:
This blog provides general information only and does not constitute legal advice. Every workplace matter is different, and you should seek appropriate professional advice tailored to your individual circumstances. If legal proceedings are involved or anticipated, you should consider engaging a qualified employment lawyer.