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Employment advocates: what we do in mediation, the ERA, and Employment Court

Employment advocates represent both employers and employees in mediation, the Employment Relations Authority and the Employment Court. Competence, transparency, case strategy, and client choice matter more than titles.


Searching for an Employment Lawyer?

In New Zealand employment disputes, people often search for an "employment lawyer" when what they actually need is strong, practical representation at mediation and the Employment Relations Authority (ERA). This article explains how employment advocates can help.

Employment Law Advocates

We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward. We deal with a wide range of employment law issues for both employers and employees, these include:
  • Unjustified dismissal personal grievances.
  • Unjustified disadvantage personal grievances.
  • Large wage arrears and holiday pay claims.
  • Redundancy.
  • Disciplinary meetings.
  • Poor performance issues.
  • Human rights issues in employment.
  • and the list goes on...

Employment advocate vs employment lawyer

  • Both can represent parties in employment disputes. What matters is competence, strategy, and the ability to drive resolution.
  • Some matters require specialist litigation skills (especially where a case escalates beyond the Authority). Experience counts.
  • Always ask about process, fees, likely timeframes, and how evidence will be gathered and presented.

Where advocates add value

  • Early risk assessment, settlement strategy, and drafting strong personal grievance letters.
  • Representation at MBIE mediation and ERA investigation meetings.
  • Focused, practical case theory and evidence preparation (timelines, documents, witness statements).

Advocates, client choice, and regulation

Employment advocates are part of access to justice in employment disputes. The answer to concerns about poor representation is not a new licensing regime, compulsory membership, a statutory code, or a new complaints body. The better answer is practical client education, clear written terms, written authority to act, transparent fee arrangements, proper settlement authority, and existing costs and conduct powers used fairly where behaviour causes real unfairness or unnecessary cost.

See also: EMA's complaints about employment advocates are not a serious case for regulation and Regulation of employment advocates: what the NZLS report found and why it matters.

Read our full article

We write for the Deals on Wheels magazine. Read our full article here: When employment law advocates can help

Employment Law Advocates Download File: When employment law advocates can help

If you want help, submit the case form with a short timeline and any key documents.
Employee Case Form Employment law advice for employers

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No win no fee Employment mediation Employment Relations Authority (ERA)
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Based on: No Win No Fee, Employment Lawyers
EMA's complaints about employment advocates are not a serious case for regulation

EMA says employment advocates are delaying and distorting employment disputes, making employment harder, and contributing to personal grievance imbalance. But the wider anti-advocate argument is inconsistent, and the NZLS-commissioned independent review did not identify widespread consumer harm justifying lawyer-style regulation of non-lawyer providers. The better answer is realistic offers, proper Calderbanks, proper disclosure, lawful treatment of advocate costs, better mediation resourcing, and existing conduct and costs powers used fairly across all representatives.

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