No Win No Fee For Employers
There are a lot of employers who think that "No Win, No Fee" is an arrangement available to their business in defending a personal grievance or other claims.
"No Win, No Fee" Lawyers and Advocates for Employers
There is no such thing
The writer is often contacted by employers that are looking for a "no win, no fee" advocate or lawyer to defend a personal grievance or monetary claim by an employee or former employee against their company.
There are no employment lawyers or employment advocates that will offer a "no win, no fee" arrangement to employers. "No win, no fee" does not work for employers. The reason is simple. The "win" in defending a personal grievance or monetary claim for an employer is where the outcome is that the employer pays little to no money to the claimant employee. The employer is not awarded anything to charge a percentage on.
If there was a "no win, no fee" arrangement for an employer, then we would make sure that the fee would be very large. In which case, there would be no point in the employer defending the case, they may as well pay the employee a settlement in the first place.
Related articles
Browse all articles
Employer ERA Costs
Employers are often shocked that even when they win in the Employment Relations Authority (ERA), recovering actual legal spend from an employee is usually limited. The starting point is the ERA daily tariff and costs are a contribution, not an indemnity.
Unreasonable Employment Lawyer Costs
Employers beware of high employment lawyer fees when defending a personal grievance claim. Even if you win, recovering your actual legal spend in the ERA is usually limited by the daily tariff approach.
Regulation of Employment Advocates
There is no case to regulate employment advocates. The report, Regulating Lawyers in Aotearoa New Zealand finds it to be a waste of time. The Employment Law Institute of New Zealand ELINZ go on about this but they are unable to articulate a specific case for regulation of employment advocates.
150A Payment on resolution of problem and Advocates' GST Invoices are lawful
Parties can agree that an advocate is paid directly by the employer in terms of an s 149 record of settlement. "Payment" excludes legal or advocacy services where such service is a separate term of the settlement and a GST invoice for a defined sum is provided to the other party.
Federated Farmers Employment Contract Disputes
The Federated Farmers Employment Contract is commonly used by farmer employers. We represent employers in employment disputes where problems arise with these contracts. The correct preparation and execution of the Federated Farmers Employment Agreement is important for the farmer employers that use them.
Employment Advocates in the Employment Court
Auckland District Law Society ADLS calls for ban on Employment Advocates in the Employment Court. We wrote to the Minister to give a submission.