Why a signed Authority to Act, clear Terms of Engagement and transparent fee arrangements provide immediate client protection when an employment advocate is instructed.
People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.
If you are searching for an employment lawyer in New Zealand, what you may actually need is experienced representation for a dismissal, Personal Grievance, disciplinary process, mediation or Employment Relations Authority claim. An employment advocate is a different type of representative from a lawyer, but can represent employees through much of the employment dispute process.
A lawyer is admitted to the legal profession and regulated under the lawyers' professional framework. An employment advocate is not a lawyer. Advocates can nevertheless represent parties in employment negotiations, mediation and the Employment Relations Authority, and the choice often comes down to the type of dispute, the representative's experience, fee model and the forum the matter may ultimately require.
The label alone does not tell you whether somebody is the right representative for a particular employment case. Ask how they will analyse the claim, what evidence they need, what the likely remedies and risks are, how they negotiate, and whether they actually run matters through mediation and the ERA when settlement is not reached.
Earlier is usually better where employment is still ongoing. A representative may be able to help before a disciplinary meeting, before a redundancy decision, while an employee is suspended, or before a resignation that may later be alleged to be constructive dismissal. Once a final decision has been made, the focus changes to preserving evidence, raising the Personal Grievance within time, calculating remedies and choosing the resolution route.
Why a signed Authority to Act, clear Terms of Engagement and transparent fee arrangements provide immediate client protection when an employment advocate is instructed.
Unless orders are a last-chance procedural device used when a party has failed to comply with directions. This guide explains what they require and what can happen if the deadline is missed.
How s 150A treats payments made on resolution of an employment problem, including settlements where the employer separately pays an employee's advocate against a defined GST invoice.
Why no-win-no-fee representation is rarely available to employers defending a personal grievance, and the alternative ways an employer can control legal or advocacy spend.
Employer-side guidance on controlling representation costs in a personal-grievance defence and understanding the gap between a lawyer's invoice and the costs normally recoverable in the ERA.