If a personal grievance is raised with an employer, it is important that the employer responds to the personal grievance in a well considered and strategic way.
We are Employment Advocates for Employers. Mediation, Employment Relations Authority (ERA) and Employment Court representation. We defend employers against personal grievance claims and help reduce risk, cost, and business disruption.
We defend employers from personal grievance claims and employment disputes. We work proactively with employers to ensure the legal foundations are in place, reduce risk as issues arise, and minimise the cost and disruption that comes from poorly handled processes.
In employer-side employment law, small mistakes often become expensive problems later. Dealing with matters properly at the start (and documenting it correctly) is usually the difference between a manageable outcome and a dispute that escalates into MBIE mediation, the Employment Relations Authority (ERA), and sometimes the Employment Court.
How an employer responds to a personal grievance often influences how far the matter is taken. A poor or reactive response can hand the employee leverage. A disciplined response can stabilise the dispute and increase the chances of early resolution.
Most employment disputes resolve through negotiation and MBIE mediation. Where they do not, they can be investigated and determined in the ERA, and in some cases proceed to the Employment Court.
We help employers prepare a defensible paper trail, present the evidence coherently, and manage risk at each stage-especially where a process mistake (disciplinary, investigation, redundancy, wages) is likely to be the real battleground rather than the "headline allegation".
A common employer shock is that even when you "win" in the ERA, recovering your actual legal spend from the employee is usually limited. For example, one employer incurred an invoice of $35,396.14 and the costs award was $6,500.
Indemnity costs (full recovery) are exceptional and typically require clearly unreasonable conduct (delays, timetabling breaches, unnecessary duplication). That reality should inform settlement strategy and how much time/cost is rational to invest in each step.
This can be commercially sensible for employers because it can allow the GST component to be claimed (where applicable), and it can reduce payment friction at settlement implementation.
Investigations are a frequent point of failure for employers-especially where the investigator is not genuinely independent, not properly trained, or the scope/process is poorly defined. We regularly see disputes pivot on investigation defects rather than the underlying allegation.
Where there is sustained failure to pay wages or minimum entitlements, the ERA can award penalties, taking into account factors such as the nature/extent of the breach, intent, loss/damage, mitigation steps, vulnerability, and prior conduct.
Some industries commonly rely on template agreements. For example, Federated Farmers employment contracts are frequently used by farmer employers, and disputes often turn on whether the agreement was prepared and executed correctly for the situation.
If a personal grievance is raised with an employer, it is important that the employer responds to the personal grievance in a well considered and strategic way.
An employer-focused explanation of why Inland Revenue late payment penalties make PAYE arrears and rolling GST debt far more expensive than most business owners realise.
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.
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.
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.
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.
Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee.
The Employment Relations Authority can award penalties against an employer where the employer has repeatedly failed to pay wages and minimum entitlements.