FAQ

About Us

What is no win no fee?

No Win No Fee literally means if we don’t win you don’t pay a fee. When you have lost your job or are faced with the prospect of losing your job because of a situation that has arisen with your employer it’s the least likely time you will be able to afford a lawyer.

If there are occasions that we will charge you an hourly rate we will let you know.  For example, If we need to attend your disciplinary meeting if you are wanting to save your job we do charge a meeting fee of $250+gst per hour.

What happens if you lose a no win no fee case?

If you lose you will not have to pay a fee. Because we don’t get paid for our time and efforts if we don’t win we don’t take on a case if we don’t think it will be successful.

Are you employment lawyers?

All our Employment Advocates are Employment Law specialists. Some have Law Degrees and some come from an HR background.  All are experts in Employment Law.

What is an employment advocate?

An Employment Advocate is like an Employment Lawyer.

We are legal and human resources experts who know employment law like the back of our hands.

We can defend you in your workplace and all the way to the employment court if necessary.

Employment Advocates either hold law degrees or HR qualifications.  Our Advocates are ALL specialists in Employment Law.  We are fully equipped to help with any Employment Relationship Problem you are facing.

Are you funded?

No we are not funded  

We are careful what cases we do which is why we give a free consultation over the phone as our first point of contact.  We carefully consider the facts before we agree to take your case on a no win no fee basis.  Sometimes we need to charge an hourly rate but we always let you know straight away whether it is no-win-no-fee or hourly rate so there won’t be any surprises.  Most of the time we can get your employer to contribute to your costs, and what we can’t get your employer to cover we take as a percentage of what we win for you. More details on our fees page.

Bullying

Am I being bullied?

A lot of behaviour by our boss or colleagues may feel like bullying.  A lot of this “bullying” could also be described as unpleasant behaviour, this can cause a lot of stress and even anxiety but it might not be bullying.

Bullying is:

  • Repeated
  • Unreasonable, including: humiliating, intimidating or threatening a person
  • Harassment, discrimination or violence

Bullying is not:

  • Occasional rudeness or one off incidents of unreasonable behaviour
  • High performance standards
  • Constructive feedback or advice
  • Requests for extra work to be done\Warning or disciplining workers according to the code of conduct
  • An argument or difference of opinion (as long as it doesn’t become aggressive)

 

What do i do if i am being bullied at work?

You should find out if there are any workplace policies or processes for reporting bullying and follow these. There may be specific and trained people in your workplace who know how to deal with these issues in a sensitive way.

If there is no set process or procedure you should do the following:

Make a note every time something happens. Notes should record dates and times, and what was said or done, who was there, and how it made you feel.

You will then need to make your employer aware of the situation
Ideally you would raise the issue in writing.

Who do I raise it with?
It depends on who is bullying you. If it is another employee, you should first raise the matter with your manager or supervisor, or the next level of management if the offender is your manager.

If the person who is bullying you is the Owner of the company, or the manager and there is nobody else to tell you can call us on 0800NOWINNOFEE and we will advise you or assist you.

What should happen after I report that I am being bullied?

After receiving your complaint the business should:

  • Support you and the person you have complained about
  • Decide on a plan for investigation, including possibly suspending the person who is being investigated
  • Give guidance on how to continue to work with the person
  • Report back to you about the steps that have been taken
I reported the bullying and now things are much worse! What do I do now?

Sadly this is what sometimes happens.  You have done the right thing by reporting the issues because that makes it easier for us to help you.  Give us a call as soon as possible and tell us what’s happening and we will try to help.

No Win No Fee

What happens if you lose a no win no fee case?

If you lose you will not have to pay a fee. Because we don’t get paid for our time and efforts if we don’t win we don’t take on a case if we don’t think it will be successful.

Personal Grievance

What is a personal grievance?

A personal grievance is when an employee brings a formal complaint against their current or former employer.  An employee has 90 days to raise a personal grievance.
To raise a personal grievance after the 90 days there would need to be exceptional circumstances.

What qualifies as a grievance?

Employees can bring a personal grievance for the following complaints:

  • Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
  • Discrimination
  • Sexual harassment
  • Racial harassment
  • Bullying where the employee has raised the issue and not received a response or adequate action
  • Restructuring causing redundancy without correct process
  • Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
    • agreed hours of work
    • availability provisions
    • reasonable notice periods to be given before cancellation of a shift
    • reasonable compensation to be paid if a shift is cancelled
    • secondary employment provisions.
  • Unfair treatment of an employee who has lawfully refused work
  • Where an employer forces or persuades an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
  • Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.
How do I raise a personal grievance?

If possible you should first discuss the problem with your employer.  Your employer should be aware there is an issue and be given an opportunity to fix it.  You should communicate the issue in writing and ask for a response within a set time frame, eg 3 days.

You should clearly describe the issues and the events that have led to the problem.  You should provide details and names and dates of who was present when there was a problem.  Email the letter to your employer and keep a copy.

If the employer is unwilling or unable to resolve the issue you can request a mediation. It’s helpful to seek legal advice from an employment lawyer or employment advocate at this stage.

90 day trial period

What is a 90 day trial period?

A 90 day trial period is a clause an employer may put in your employment contract which, when used correctly, enables the employer to take on a new employee on a trial basis for a period of 90 days.  If, for any reason, the employment relationship does not work out within the first 90 days the employer may end the employment relationship without the risk of the employee raising a personal grievance.

Watch our simple explainer video on ‘What is a 90 Day Trial’

I have been dismissed with no notice on my trial period, is that fair?

There should be a clause in your employment agreement which states how much notice you will be given if you are dismissed during your trial. In general this means that if the employer wants you to leave straight away (rather than working through your notice period), then they must pay you for the notice period.

The notice period for your trial period can be different from the notice period once you are finished the trial period, as long as the notice period for the trial is specified in the employment agreement. If the notice is not specified for the trial then your employer should adhere to the notice period in the employment contract.

If you are confused about your notice period, or have been dismissed on the spot without any notice you can call us free to find out if there is a case for unfair dismissal.

What are the employment law rules for a 90 day trial period?

If the 90 day trial clause is uses incorrectly an employer may be shocked to find out that the employee can still raise a personal grievance or claim unfair dismissal despite the 90 day trial clause being present in the employment contract.

A trial period can be less than 90 days
We refer to the 90 day trial clause but the number of days can be less than 90 days, and the exact number of days needs to be specified on the employment agreement.

The 90 day trial clause may be invalid if:

  • You were not informed in writing that your employment contract contained a 90 day trial period before you started work. Or if you signed the employment agreement after you had already started work (even by a few hours)
  • You have previously worked for the employer
  • Your employer has more than 20 employees
  • You were not advised that you had the right to seek independent legal advice or given time to seek advice before signing the contract

The clause didn’t include the correct wording of the Employment Relations Act 2000 Section 67A :

67A When employment agreement may contain provision for trial period for 90 days or less

(1) An employment agreement containing a trial provision may be entered into by a small-to-medium-sized employer and an employee who has not previously been employed by the small-to-medium-sized employer.

(2) For the purposes of this section and section 67B,—

small-to-medium-sized employer means an employer who employs fewer than 20 employees at the beginning of the day on which the employment agreement is entered into trial provision means a written provision in an employment agreement that states, or is to the effect, that—

(a) for a specified period (not exceeding 90 days), starting at the beginning of the employee’s employment, the employee is to serve a trial period; and
(b) during that period, the small-to-medium-sized employer may dismiss the employee; and
(c) if the small-to-medium-sized employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
Section 67A: replaced, on 6 May 2019, by section 36 of the Employment Relations Amendment Act 2018 (2018 No 53).

How much notice do I have to give if I leave my job during my 90 day trial?

Every employment agreement requires that the parties give each other notice to end the relationship.

The notice you give should be the same as the notice that your employer would have to give you according to the trial period clause in your agreement. As the employee you also should act in good faith.  If you are unhappy in your new job we would encourage you to have a conversation with your employer.  If you leave without giving the notice period that is set out in your employment agreement the employer may deduct wages in lieu of notice. In the event that the employer suffers a financial loss as a result of you failing to give notice the employer may take action in the Employment Relations Authority to recover those losses and to seek a penalty.    If you find yourself in the position of wanting to leave and are unable or unwilling to give notice you should seek legal advice from an employment lawyer or advocate.   It’s free to call us to discuss your situation with us.

Exit Package

What is an exit package?

An exit package is when both the employer and employee come to a mutual agreement for the employment agreement to come to an end quickly and without a lot of delay or expense.

Typically, an exit package will contain some type of financial benefit for the employee, sometimes including a reference.

We can assist with ensuring the process is dealt with on a professional level and the agreed terms will be recorded in a record of settlement.

What does an exit package cost?

The cost of an exit package will depend on the length of time it takes to reach the final decision between employee and employer.

We can usually get your fees paid for by the employer, this is part of the negotiation process.

Redundancy

What does redundancy mean?

To be made redundant from your job position means that your position is no longer needed in the company. Redundancy is a type of dismissal. This may be due to a company re-structure or shifts in the economy or job industry.

 

What am I entitled to?

Throughout the redundancy process as an employee, you are entitled to seek legal advice, negotiate and provide feedback to the employer.

It is important that you have read and fully understood your employment agreement. Your notice period will be outlined in this agreement along with information regarding final pays. Generally, an employee will be paid our their annual leave once the redundancy has been finalised.

What is the redundancy process?

Your employer must notify you in writing that your position may be up for redundancy. You should be supplied with a letter/notice of redundancy that asks you to attend a meeting with your employer.

The employer must explain the situation to you and give you adequate time to process the news, seek legal advice and provide feedback. Feedback can be where the employee offers a reduction in hours, pay or other factors of your role. Although this may not save your job, it is a good chance to negotiate your redundancy in the case these offers change anything on the employers’ end.

Once you (the employee) has had the opportunity to provide feedback and seek legal advice the decision now sits with the employer. You will receive confirmation of your redundancy and you will start working out your notice period (check your employment agreement).

dismissal

What do you do if you’re fired or unfairly dismissed?

It is important that you seek legal advice if you believe that you have been fired or dismissed unfairly. You have up to 90 calendar days to act on the situation including raising a personal grievance. It is important you are taking these steps as soon as you have been notified that you are being fired or dismissed.

It is important that you have read and fully understood your employment agreement. To be aware of your rights is the first key step in knowing what you can and cannot do about being fired or dismissed from your position.

What is a unjustified dismissal?

Disciplinary Meeting

What is a disciplinary meeting at work?

A disciplinary meeting is an opportunity for you to explain your version of the events that have led to an investigation of misconduct at work.  There should be a good reason for a disciplinary meeting and the process of the disciplinary action should follow what is outlined in your employment agreement or your workplace’s policies.

What happens at a disciplinary meeting?

Before the meeting, your employer should give you a letter explaining what the disciplinary meeting is for. If the outcome of the disciplinary meeting could be that you lose your job it should say that in the letter. You should have time to find an employment lawyer or employment advocate to get legal advice, and you should be aware that you can bring a support person. At the meeting, you will be given an opportunity to explain your side of the story. Your support person, employment lawyer or employment advocate can speak on your behalf.  You will be able to provide evidence to support your side of the story.  Your employer should carefully consider your responses before making any decision. The outcome should not be pre-decided. Click here for more info on what to expect at a disciplinary meeting.

What to say at a disciplinary hearing

A disciplinary meeting or hearing is your opportunity to put your side of the story forward.  You should be told before the meeting what the problem your employer wishes to discuss is. It’s a good idea to prepare your responses in writing. You can ask your support person to speak for you. If you have any questions about what you are accused of doing you can ask them. You can ask to see the evidence or witness statements. You can provide your own evidence or witness statements to show your side of the story. Remain polite and calm.

What clients say about us

Big respect

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August 3, 2020
Review of Kam Bailey

Absolutely amazing workers, big respect to Kam Bailey couldn’t recommend these people more.

Sam

I was feeling overwhelmed, but Kam explained my options

5.0 rating
July 31, 2020

I was very thankful for Kam Bailey’s help with my employment issue. I was feeling overwhelmed but wanted to confirm that I had options. Kam was very straight forward and explained things well. She then put into action what we decided and I was happy with the outcome. I definitely felt that she was working for me. Thanks Kam for your help.

Jane C.

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What our clients are saying

Big respect

5.0 rating
August 3, 2020
Review of Kam Bailey

Absolutely amazing workers, big respect to Kam Bailey couldn’t recommend these people more.

Sam

I was feeling overwhelmed, but Kam explained my options

5.0 rating
July 31, 2020

I was very thankful for Kam Bailey’s help with my employment issue. I was feeling overwhelmed but wanted to confirm that I had options. Kam was very straight forward and explained things well. She then put into action what we decided and I was happy with the outcome. I definitely felt that she was working for me. Thanks Kam for your help.

Jane C.

Brilliant communication from Kam

5.0 rating
July 31, 2020
Review of Kam Bailey

Brilliant communication by Kam, and an excellent result. Thanks for your help.

Paul W.
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