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Employment Lawyers and Advocates

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.


Employment lawyer or employment advocate?

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.

What an employment representative can help with

Employment lawyer vs employment advocate

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.

Questions worth asking before engaging anyone

  • What exactly is my claim? The answer should be more precise than simply saying the employer was unfair.
  • What are the strengths and weaknesses? A useful assessment includes contribution, mitigation, credibility and evidential problems.
  • What is the strategy? Is the first step a PG, information request, direct negotiation, mediation or urgent filing?
  • What evidence do you need? Employment agreement, correspondence, recordings, wage records, policies, medical information or witnesses may materially alter the case.
  • How are fees calculated? Hourly, fixed-fee and No Win No Fee arrangements allocate cost and risk differently.
  • Who will actually run the case? Make sure you know who will communicate with the employer, attend mediation and prepare any Authority proceeding.

When to get representation

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.

Already dismissed? Most Personal Grievances have a 90-day employee notification period. Representation should not delay raising a grievance that is approaching its deadline.

Common employee pathways

  1. Assess the facts, evidence and deadline.
  2. Raise the Personal Grievance or other claim.
  3. Negotiate directly where appropriate.
  4. Mediation through MBIE if resolution is not reached.
  5. ERA where a binding determination is required.

Before the first assessment

  • Prepare a short dated timeline.
  • Find the employment agreement.
  • Attach the key employer letters and emails.
  • Identify the decision or action you are challenging.
  • Check whether a PG has already been raised.
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Showing 9-13 of 13 articles in Employment Lawyers and Advocates
ERA settlements and s 150A "Payment on resolution of problem": paying advocates directly and GST Invoices

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.

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