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No Win No Fee Employment Law Advocates Wellington. CALL US TODAY 0800 NO WIN NO FEE (0800 669 466)

We believe everyone should have access to legal representation to defend their rights under New Zealand employment law.

We have Advocates available in Wellington who can help you take action if you can’t resolve your employment problems. Our experienced, qualified employment law specialists can often sort out your employment law problem very quickly.

No Win No Fee or hourly rate.

Depending on the situation we either work on a contingency basis (no win no fee, where we take a percentage of what we win for you) or on an hourly rate.  Often we can help you and your employer resolve your issues without you leaving your job, in this case we charge an hourly rate $250 per hour.

We can represent you at disciplinary meetings, redundancy meetings, mediation at the Ministry of Business, Innovation and Employment and hearings at the Employment Relations Authority.

When things have gone too far and the employee/employer relationship is not fixable we can help you by negotiating an exit packages for you when have been made redundant or want to leave your workplace and seek employment elsewhere. An exit package can include financial compensation as well as leaving date and sometimes a reference from your employer to move on with your employment in a positive manner.

If you are being put through disciplinary action and you are confused about the process give us a call 0800 NO WIN NO FEE

Navigating through disciplinary action  must be fair and reasonable in all the circumstances:

• the employer must have a good reason for undertaking the disciplinary action, and
• the employer must follow a fair process before making the decision and then acting on it.

If the employer does not have a good reason for the disciplinary action, or did not follow a fair process, the employee may have a personal grievance. 

A personal grievance is a complaint that an employee may bring against a current or former employer to bring their attention to an employment issue where they feel they have been unfairly treated

A personal grievance must be raised within 90 days of the date when the problem happened or it came to the employee’s attention, for example, if an employee is dismissed, they have 90 days from the date of the end of the employment to raise their grievance for unjustified dismissal.

When raising the grievance, the employee must clearly state what their grievance is and the reasons why they believe that they have a grievance. It is best practice to do this in writing (this includes by email) to make sure that everything is included that needs to be, to properly raise the grievance.

The employee must give enough detail about the problem for the employer to address the issue/s. The employee should keep a copy of their letter/email for reference. If the employee raises the grievance verbally, both the employer and employee should take notes of what was said in case there is a dispute later.

If an employee doesn’t raise the grievance clearly enough, or in enough detail, it may mean that they are unable to take legal action.

*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)
• Unjustifiable action which disadvantages the employee
• Discrimination
• Sexual harassment
• Racial harassment
• Duress over membership of a union or other employee organisation
• An employer’s failure to comply with obligations relating to continuity of employment for employees affected by restructuring
• 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 in certain circumstances
• Where an employer engages in adverse conduct for a prohibited health and safety reason in relation to an employee or tries to force or persuade 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, or former employer, takes retaliatory action against an employee who has made a protected disclosure of information

* source: Employment New Zealand

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