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Client intake checklist for employment law matters

Employment intakes are deadline-driven — unfair dismissal and general protections claims have a 21-day window. This checklist walks through the standard opening steps.

In short

This is a 12-step intake checklist for an employment law matter. It covers employment status, eligibility, strict filing deadlines, documents and costs so the file opens correctly.

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12-step checklist

The checklist

1

Identify the parties

Record the employee name, the employer entity and any related entities that may be joined.

2

Confirm the date of dismissal or conduct

The date of dismissal starts the 21-day clock for unfair dismissal and general protections claims.

Fair Work Act 2009 (Cth) ss 366, 394
3

Run a conflict check

Search for the employer, related entities, decision-makers and any witnesses.

Australian Solicitors' Conduct Rules 2015 r 10 & 11
4

Confirm employment status

Employee or contractor? Permanent, casual or fixed term? This affects eligibility and remedies.

Fair Work Act 2009 (Cth) s 15AA
5

Identify the applicable instrument

Award, enterprise agreement, individual contract or employment standards. Map which entitlements apply.

Fair Work Act 2009 (Cth)
6

Check high income threshold

For unfair dismissal, confirm the employee is award-covered or below the high income threshold.

Fair Work Act 2009 (Cth) s 382
7

Identify the claim type

Unfair dismissal, general protections, discrimination, underpayment or bullying. Each has different forum and remedy.

8

Gather key documents

Employment contract, termination letter, pay slips, warnings, policies and any correspondence.

9

Diary the filing deadline

Diary the 21-day deadline with a buffer reminder at day 14.

Fair Work Act 2009 (Cth) s 394(2)
10

Take the client's account

Capture the sequence of events, any witnesses and the outcome the client wants.

11

Provide costs disclosure

Issue a costs agreement and disclosure notice. Explain the no costs jurisdiction in FWC matters.

Fair Work Act 2009 (Cth) s 611
12

Open the file and set next steps

Create the matter, diary the deadlines and confirm required documents and next advice date.

When to use

When this checklist applies

Use this checklist on every new employment intake. The 21-day deadline and the employee vs contractor distinction are the two easiest to get wrong.

Common pitfalls

  • Missing the 21-day filing deadline
  • Misclassifying a contractor as an employee (or vice versa)
  • Failing to identify the applicable award or enterprise agreement
  • Running a claim where the employee is above the high income threshold and not award-covered
  • Not warning on the no costs rule in FWC matters
Use with Quillio

Run this checklist on a real matter

Quillio drafts FWC applications, general protections claims and intake notes in current AU format. See /practice-areas/employment-lawyers.

This checklist is a general guide. Adapt for discrimination, whistleblower, executive and underpayment matters.

Use this checklist on your matter.

Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.

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