Employment advocates: what we do in mediation, the ERA, and Employment Court
We are employment law advocates representing both employers and employees in mediation, the Employment Relations Authority and the Employment Court.
Searching for an Employment Lawyer?
In New Zealand employment disputes, people often search for an "employment lawyer" when what they actually need is strong, practical representation at mediation and the Employment Relations Authority (ERA). This article explains how employment advocates can help.
Employment Law Advocates
We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward. We deal with a wide range of employment law issues for both employers and employees, these include:
- Unjustified dismissal personal grievances.
- Unjustified disadvantage personal grievances.
- Large wage arrears and holiday pay claims.
- Redundancy.
- Disciplinary meetings.
- Poor performance issues.
- Human rights issues in employment.
- and the list goes on...
Employment advocate vs employment lawyer
- Both can represent parties in employment disputes. What matters is competence, strategy, and the ability to drive resolution.
- Some matters require specialist litigation skills (especially where a case escalates beyond the Authority). Experience counts.
- Always ask about process, fees, likely timeframes, and how evidence will be gathered and presented.
Where advocates add value
- Early risk assessment, settlement strategy, and drafting strong personal grievance letters.
- Representation at MBIE mediation and ERA investigation meetings.
- Focused, practical case theory and evidence preparation (timelines, documents, witness statements).
Read our full article
We write for the Deals on Wheels magazine. Read our full article here: When employment law advocates can help
Download File: When employment law advocates can help
If you want help, submit the case form with a short timeline and any key documents.
Employee Unfair Dismissal Case Form
Employment law advice for employers
Related articles
Browse all articlesRegulation of employment advocates: what the NZLS report found and why it matters
There is no case to regulate employment advocates. The report, Regulating Lawyers in Aotearoa New Zealand finds it to be a waste of time. The Employment Law Institute of New Zealand ELINZ go on about this but they are unable to articulate a specific case for regulation of employment advocates.
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.
"No win, no fee" for employers: when it exists and what to do instead
There are a lot of employers who think that "No Win, No Fee" is an arrangement available to their business in defending a personal grievance or other claims.
Employment Advocates in the Employment Court
Auckland District Law Society ADLS calls for ban on Employment Advocates in the Employment Court. We wrote to the Minister to give a submission.
Authority to Act form for personal grievance cases: what it is and why it matters
Got a Personal Grievance? Ask for an Authority To Act form. Even the regulated no win no fee employment law advocates are not playing by the rules.
Employment lawyer fees: avoiding unreasonable costs when defending a personal grievance
Employers beware of high employment lawyer fees when defending a personal grievance claim. Even if you win, recovering your actual legal spend in the ERA is usually limited by the daily tariff approach.
