Choosing an Employment Advocate

We are dedicated to providing New Zealand employees with ethical, direct and strategic employment advocacy. Your objectives should be at the forefront of the case: whether that is keeping your job, stopping an unfair process, negotiating an exit, settling a personal grievance or progressing a strong case to the Employment Relations Authority.

Employment rights need a strategy

When you put your case in the hands of a representative, the job is not simply to send aggressive letters. The job is to understand the facts, identify the legal issues, protect evidence, control communications and decide what outcome you are actually trying to achieve.

We have helped employees who came to us after earlier representation or self-representation had made the matter harder. Common problems include poorly timed settlement discussions, unnecessarily hostile correspondence, important documents not being obtained, unclear responsibility for the file, and a lack of planning for what happens if the matter does not settle quickly.

What good representation should look like

• A clear case theory: what happened, what is legally wrong, and what evidence proves it.
• A defined objective: remain employed, resolve a process, negotiate an exit, recover remedies, or obtain a determination.
• Controlled communication: calm, accurate and strategically useful correspondence.
• Evidence discipline: agreements, letters, messages, rosters, payroll records and timelines organised early.
• Commercial realism: strengths and weaknesses are discussed rather than hidden.
• A plan beyond the first letter: negotiation, mediation, ERA and — where justified — Employment Court implications are understood.

Questions you should ask any representative

• What are the strongest and weakest parts of my case?
• What is the legal basis of the claim or defence to the employer's process?
• What evidence do you need from me now?
• What is the plan for the next week, and what is the plan if settlement fails?
• Who will actually conduct my file and attend mediation or the ERA?
• How are fees calculated and what disbursements are additional?
• What happens if I reject a settlement recommendation?
• What happens if the case proceeds beyond mediation or is challenged in the Employment Court?
• What costs exposure should I understand before formal proceedings?

Warning signs

No single point automatically means a provider is unsuitable, but you should understand the arrangement before committing. Warning signs include:

• You cannot identify who is actually responsible for your file.
• The person taking instructions cannot explain the legal issue or the next step.
• You are promised a guaranteed result or a specific settlement before the evidence has been reviewed.
• There is pressure to contact the employer immediately before the facts and documents are understood.
• Fees, disbursements, termination fees or the definition of a successful outcome are unclear.
• There is no explanation of what happens if mediation fails.
• Important documents are not being provided back to you or maintained on the file.
• You are asked to provide sensitive payment information through an insecure or unexplained process.

Why the initial assessment matters

We would rather identify a bad fact at the beginning than discover it in mediation or cross-examination. A proper initial assessment looks at merit, evidence, deadlines, remedies, the employer's likely response and your objectives. It also identifies whether No Win No Fee is appropriate or whether another fee arrangement is more suitable.