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No Win No Fee

No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.


No Win No Fee employment advocacy in New Zealand

If you have a strong employment claim but do not want to fund substantial professional fees upfront, a No Win No Fee arrangement may be available. The case is assessed first. If it is accepted on that basis, professional fees are generally paid from a successful outcome in accordance with the Terms of Engagement.

No Win No Fee is not the same as free representation and it is not available for every dispute. The case needs enough legal and evidential merit, a realistic path to recovery, and a client who can provide the documents and instructions needed to run it properly.

Employment claims that may suit No Win No Fee

What we look at before accepting a case

  • Legal merit: is there an identifiable claim, not simply an unpleasant workplace experience?
  • Evidence: what do the employment agreement, letters, emails, messages, meeting records and other contemporaneous documents show?
  • Time limits: has any Personal Grievance been raised in time and are there other deadlines requiring immediate action?
  • Remedies and value: what loss or compensation may realistically be available, taking account of the facts and current statutory remedy rules?
  • Contribution risk: did the employee's own conduct contribute to the situation, and could that restrict or reduce remedies?
  • Recoverability and proportionality: is there a sensible route to an outcome without the cost of running the matter becoming disproportionate?

How a No Win No Fee employment case usually progresses

  1. Case assessment: the facts, documents, legal issues, deadlines and likely remedies are reviewed.
  2. Raise or particularise the claim: the Personal Grievance or other employment claim is put to the employer properly.
  3. Negotiate: test whether a sensible direct resolution is available.
  4. Mediation: prepare and negotiate through MBIE mediation where appropriate.
  5. Employment Relations Authority: file or continue proceedings where settlement is not achievable and the case justifies it.
A good settlement can still be a win. The objective is not to prolong a case for the sake of litigation. If a settlement fairly reflects the evidence, legal risk and likely remedies, resolving the dispute can be the better outcome.

What to send with the case form

  • Employment agreement.
  • Dismissal, redundancy, warning or suspension letters.
  • A short dated timeline.
  • Important emails, texts or meeting records.
  • Any PG already sent to the employer.
  • Final pay and job-search information if employment has ended.

What No Win No Fee does not mean

  • No guarantee of outcome: employment disputes involve factual, legal and evidential risk.
  • Disbursements can still apply: filing fees and other external costs may need to be paid.
  • The engagement terms matter: withdrawal, non-cooperation or rejecting a recommended reasonable resolution can affect how fees are dealt with.
Personal Grievance deadline: most PGs must be raised within 90 days. A funding arrangement does not extend the statutory deadline.
Check My Case Quick Contact 0800 WIN KIWI

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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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