Employee Support Lawyers | WRMK Lawyers | Northland & Warkworth Lawyers

WE’RE ON YOUR SIDE

Finding yourself in an employment dispute, or being unfairly treated can be incredibly stressful. Our team are fierce advocates for our employee clients to support you through these difficult situations. We help employees with a wide range of employment relationship problems, from disciplinary matters to redundancies to bullying and other personal grievances.

We start by listening. During your consultation with us, we’ll find out more about your situation and the outcome you’re seeking. From there, we can advise you on your options, next steps, and give you information about your likely legal fees and the kind of support that might best fit the outcome you’re seeking and your current financial situation.

I want to raise a personal grievance….

Raising a personal grievance is a way for employees to raise concerns about how they have been treated by the employer, including unfair dismissal, with the employer. We can assist you to raise a grievance with your employer and support you to get to the outcome that you want, whether that be better working conditions, or a fair exit package. Once a grievance is raised, we advocate for you throughout the process, from getting a first response from your employer, through to negotiation, mediation or representation in the Employment Relations Authority or Employment Court when required.

I’m going through a disciplinary process….

Being called to a disciplinary meeting by your employer can be frightening, especially if you have concerns you are being bullied, don’t feel you have done anything wrong, or often, are not even sure what the meeting is about! You are entitled to bring a support person to investigation or disciplinary meetings with your employer. We support our clients through disciplinary processes to get to the best outcome for them, such as ensuring a fair process, fighting for reinstatement, or negotiating a better exit package for you.

I want to negotiate an exit package…

If you’ve been bullied, harassed or mistreated at work, you may feel that the employment relationship has become untenable. We advocate for our clients to get the best exit package possible to get you out of the unpleasant situation you’re in, so you’re set up to find the next opportunity.

I’m being bullied or harassed at work….

Raising bullying or harassment concerns can be intimidating, but our experienced team is here to support you through the process. Your employer is obliged to provide a safe workplace, and that includes supporting your mental health. We help you gather evidence and communicate the harm that the bullying is causing. A detailed and well-presented approach is key to successfully taking action to improve your workplace, or to reach a settlement if you feel you can no longer work at that workplace.

I’m being fired or forced to resign…

Unjustified dismissal is one of the most common reasons to raise a personal grievance. If an employment relationship turns sour, employers may rush to dismiss the employee and fail to follow a fair process. 90-day trial periods are also frequently misused to end employment. We can advise you on raising a personal grievance for the way you have been treated, support you through the process including attending meetings and communicating on your behalf and ultimately, advocate for your reinstatement, or to negotiate the best exit package possible, if you now wish to leave your workplace.

I’m being made redundant…

Restructuring proposals can be a way for employers to try and dress up a dismissal. Any restructuring and redundancy must be based on genuine business needs. We can assist you to get the information you need to determine whether the redundancy is reasonable and genuine, and position you to protect your role, or leverage a settlement. We also advise on redeployment requirements, another area where employers often fall short.

Emily had been a dedicated café employee for seven months. Unfortunately, her boss, Ryan, seemed increasingly irritated by her, including Ryan making derogatory “jokes” over text messages and yelling at Emily during an unfortunate coffee spill, shifting the blame for the incident onto her, even though it was entirely accidental. Things came to a head when Ryan simply refused to roster Emily on, despite her contract guaranteeing a fixed number of hours each week. Feeling upset, Emily sought advice from her lawyer. Her lawyer helped her to gather the offensive text messages and prepare a formal letter raising a personal grievance. Through her lawyer, Emily entered into negotiations with her employer, and ultimately reached a settlement outcome that acknowledged her constructive dismissal, covered her legal fees, and provided some compensation for hurt and humiliation.

Emily’s story*

Angela had been employed at a well-established tech company for 15 years. She had seen the company go through various phases, but this time was different. Her new manager announced a major restructuring that threatened Angela’s role with redundancy, despite hiring three new staff members in the last two months. Not having had the chance to build a strong relationship with her manager, Angela felt unfairly targeted. The communications from the company were limited, and the timeframes to give feedback on the proposal were very short. When she asked for additional information, she was declined. Angela reached out to her lawyer for support and advocacy. At first, the employer simply ignored letters from Angela’s lawyer, so her team made the strategic decision to lodge an application with the Employment Relations Authority. The Employer was compelled to attend mediation, where her lawyer pointed out the Employer’s flawed process and successfully negotiated an attractive settlement offer.

Angela’s story*

James had been working as a builder contractor for a construction company for several years. Despite his official classification as a contractor, his daily work conditions closely resembled those of an employee. He worked consistent hours of 35 hours per week as a senior builder, wore the same uniform as the company’s employees, drove a company ute and was generally treated indistinguishably from regular staff. James realised that after covering his costs and without receiving holiday pay and sick leave, his effective pay fell below the minimum wage. His attempts to raise this with his employer fell on deaf ears. James decided to consult his lawyer to clarify his rights and employment classification. After a careful investigation into James’s working conditions, his lawyer advised that legally, his employment status was likely to be that of an employee and that he should be entitled to the benefits and protections offered to full-time employees, considering his integral role as the senior builder for the company.

James’ story*

What will it cost to get help from a lawyer?

This depends on the complexity of your issue, and the instructions you give us.

We usually ask for an initial retainer of between $500 and $1,000 for new clients. This covers us coming up to speed with your situation, reviewing your employment agreement and any other documents you send us, and our initial advice to you. Our work is charged at our usual hourly rates, which range between $250 and $425 per hour*, as well as office expenses and other disbursements.

This can sound a like a lot upfront, but we are often able to negotiate a contribution to legal fees as part of any settlement we negotiate for you, which may cover most, if not all, of our fee.

We do not operate on a “no win, no fee” basis as we wish to represent all clients who need our help, not just those looking to achieve a financial settlement at the end of the process.

Can you make my employer pay my legal fees?

We will generally negotiate a contribution to costs (your legal fees) in any settlement offer related to your personal grievance. If we achieve settlement during negotiation or at mediation, or succeed in the Employment Relations Authority, it is likely there will be a payment made by your employer towards your legal fees. This contribution to costs may not cover all your legal fees, as such a payment is generally calculated at a tariff rate, which may not take into account the complexity of your matter.

It is important to note, however, that you only receive a contribution to costs if you settle your grievance or succeed in the Employment Relations Authority. If you do not ‘win your case’ or are not able to reach a settlement which includes a costs contribution prior, your employer cannot be made to pay your legal fees.

How long will it take to get an outcome?

Unfortunately the answer is “it depends”. Some matters can be resolved within a week by negotiation, others can take months to get to an Employment Relations Authority hearing. Every person’s situation is different, so each timeframe is different. We will advise you on what the process may look like for you once we have an understanding of the facts of your case.

Do I have to go to Court to get a payment?

Not at all. Most employment disputes settle long before they go to Court. Mediation and negotiation are the most common ways of reaching a settlement in employment disputes. Where an employer is not responsive to the grievance, we may need to advance the matter to the Employment Relations Authority. The first step the Authority will usually take is to order the parties to attend mediation if they have not done so already.

What is included in a settlement package?

Settlement payments may include a payment towards lost wages, any wages or holiday pay owed for time worked, compensation for hurt and humiliation, and a contribution to your legal costs. Sometimes settlement arrangements will also include non-monetary obligations such as providing an apology or certificate of service, or agreeing wording to be used to describe your exit from the organisation. Settlement agreements will usually be highly confidential between the parties, and both parties will agree not to speak badly of each other to other parties. This protects your reputation, and ensures you can move on and into the next stage of your career.

Once the agreement is signed, payment is enforceable, although the settlement agreement will also need to be verified by a Ministry of Business, Innovation, and Employment Mediator.

What happens when I engage a lawyer to support me?

When you contact us, we’ll ask you to tell us about your situation and the issue(s) you are facing. The first thing we will do is run a “conflict check” and make sure, for example, that we do not already act for your employer. We’ll then make sure that our team is the right fit for your matter and expectations and discuss fees with you. The options available to you will depend on the facts of your issue, and what outcome you hope to achieve (for example, restoration of relationship with employer, reinstatement or a monetary pay out). We will be as transparent as we can about costs and timeframes, so you can make an informed decision as to what you’d like us to do.

Once we’ve agreed a plan with you, we can support you with compiling evidence to support your position, drafting letters, attending and supporting you through meetings and negotiating on your behalf to reach the best outcome possible.

What information do you need to start working with me?

To open a file for you, we’ll need your full name, date of birth, address, email and phone number. It’s also highly likely we’ll need to see your employment agreement, and any emails, letters or texts from your employer relevant to the issue you’re facing. It can also be helpful for you to prepare a short written summary of what has happened, with dates, to send to us.

If you cannot access something, or your employer has access to it and you do not, don’t worry. We are able to request relevant information from your employer on your behalf, if you give us consent.

*as at November 2023

*Employment relations can be a sensitive area. Details have been changed to protect the identities of our clients. These case studies are typical of the sorts of matters we help our clients with, but any likeness to real people or businesses is purely coincidental.