No Win No Fee Kiwi Employment Law Advocates Unfair Dismissal Case Form


Employment Dispute

Employment Law Specialists

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Time limits apply: if you are close to a deadline, or you have a disciplinary/performance meeting booked, treat your matter as urgent. Preserve evidence, do not resign, and do not sign anything until you understand your position.

We will guide you through the personal grievance (PG) process and employment dispute resolution pathway. Many matters resolve through structured negotiation and mediation. If necessary, we will progress the matter to the Employment Relations Authority (ERA), and where required, consider the Employment Court pathway.

The first step is that you contact us and provide the key documents and a short timeline so we can make an initial case assessment and set strategy. We do not contact your employer until you have authorised us to act.

Fastest way to get traction

  • Employment agreement + variations
  • Key letters (allegations / warnings / dismissal)
  • Important emails/texts (screenshots ok)
  • Payslips + holiday balance (if relevant)
  • Short dated timeline
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Consultation
Initial Case Assessment

We review your documents and timeline, identify the strongest legal and practical leverage points, and map the safest next steps (including any immediate “do not do” risks).
Step 1

Learn More Start here

Authority
Authority to Act

Once you appoint us, we can communicate with the employer/representative on your behalf, request disclosure, and control the process so you are not exposed to avoidable risk.
Step 2

Learn More Protect position

Settlement
Informal Negotiation

We raise the PG issues and negotiate a financial settlement outcome where appropriate. Many disputes resolve once the employer understands the evidence and risk.
Step 3

Resolution Most common

Mediation
Mediation Preparation

We prepare the narrative, documents, and settlement terms for mediation. Preparation is what converts “good claims” into strong outcomes.
Step 4

Learn More Common step

ERA
Employment Relations Authority

If necessary we will take your personal grievance to the Employment Relations Authority (ERA) for determination. This is necessary if your employer is unwilling to settle.
Step 5

Decided Resolution Formal

Employment Court
Challenges / Appeals

ERA decisions can be challenged in the Employment Court where reasonable grounds exist. We will advise on merits, cost, and strategy before any escalation.
Optional

Learn More Case dependent

1) Consultation – initial case assessment

We assess the merits, identify the strongest leverage points, and map a safe path forward. The fastest way to do this is documents + a dated timeline.

What we look for

  • Whether the employer has substantive reasons and procedural fairness (process defects are leverage).
  • Whether disclosure has been provided (allegations + evidence).
  • Whether time limits / deadlines are in play.
  • The most commercially realistic outcomes: settlement, reference, clean exit, or reintegration strategy.
Practical: We can often improve outcomes simply by stopping messy communications and putting structured, evidence-led letters in place early.

2) Authority to Act

Once you authorise us to act, we can engage the employer (or their representative) on your behalf. This typically includes:

  • Requesting disclosure and key documents.
  • Clarifying allegations and the proposed process.
  • Managing deadlines and requesting reasonable timeframes.
  • Positioning the matter for settlement (or, if needed, mediation/ERA).

We do not contact your employer until you have authorised us to act.

3) Settlement – informal negotiation

Many employment disputes resolve through negotiation once the employer understands the risk and the evidence is organised.

What negotiation usually focuses on

  • Clear identification of the PG issues (dismissal, disadvantage, good faith, process defects).
  • Disclosure gaps and failures to investigate properly.
  • Unreasonable timeframes, pre-determined outcomes, or inconsistent treatment.
  • Remedy exposure: lost wages, compensation, entitlements, costs risk.

What we negotiate for

  • Financial settlement (where justified).
  • Reference / statement of service wording.
  • Payment of entitlements and clean final pay.
  • Practical terms: confidentiality, non-disparagement, return of property, and workable timeframes.

4) Mediation

Mediation is often where good matters become great outcomes — but only with preparation.

What we do before mediation

  • Build a clean timeline and document set.
  • Define settlement terms (money + non-financial terms).
  • Identify the employer’s risk points and the responses to their likely arguments.
  • Make sure you are not walking in exposed (bad wording, admissions, missing evidence).

What you should do

  • Provide documents promptly.
  • Keep communications calm and factual.
  • Follow strategy (do not freelance letters/texts to the employer).
  • Have realistic settlement parameters and priorities.
Note: Mediation is confidential and resolution-focused. The goal is a practical outcome, not point-scoring.

5) Employment Relations Authority (ERA)

If settlement is not achieved, the ERA is often the next step. The ERA focuses heavily on credibility, contemporaneous documents, and whether the employer’s actions and process were what a fair and reasonable employer could have done.

What matters most in an ERA pathway

  • A clean timeline with dates and supporting documents.
  • Evidence of disclosure failures / inadequate investigation.
  • Proof you were not given a genuine opportunity to respond (or your response was not genuinely considered).
  • Clear remedy framing: lost wages, compensation, entitlements, and costs.

If your matter is heading this way, we will talk you through what evidence is needed and the practical pathway to progress it.

Video sources: Victoria University of Wellington

6) Employment Court (optional)

In some circumstances, ERA decisions can be challenged in the Employment Court. This is case-dependent and requires a clear discussion about: merits, grounds, cost exposure, and realistic outcomes. We will advise you candidly before any escalation.

Costs and risk: Court processes can be more complex and higher-risk. The decision to escalate must be strategic and justified.

Ready to start?

Submit your Case Form and we will come back with clear next steps.

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