We offer an employment contract review service, for employees, at a minimal cost. The cost is $130 for a review and report to you by email, or $150 for an in person meeting with a verbal report.
All employees must have a employment contract. The employer must give you the opportunity to seek legal advice on the proposed agreement.
We often find problems with employment agreements. Problems come in all shapes and sizes and include lengthy and unfair restraint of trade clauses (these could prevent you having an income for months after you finish with that employer regardless of whether you resign or are terminated), unfair redundancy compensation, the employment agreement being unfairly one sided in favour of the employer, the agreement not actually recording what you thought you were being offered, and inconsistencies in the agreement that make it unworkable for both parties.
In our experience, if the agreement is brought to us when you have been offered a new job or new agreement, most employers will be happy to accommodate any reasonable suggestions for change. Even if nothing needs to be changed (and this would be unusual) you will have the peace of mind of knowing that you are protected, both now and if things change in the future.
Some employers are very difficult to negotiate with. These employers tend to fall into three different categories:
Smaller employers who arrogantly believe that they can do whatever they like as it is their company. We find that these employers almost always change their tune at mediation as the independent mediator will explain their risks if they don't settle.
Certain large employers who refuse to settle as a matter of principle. We know who most of these employers are and we are experienced in dealing with them. Often these employers are generous with non financial aspects of a settlement (for examples, references, employee assistance programmes and allowing time off for a job hunt); however, obtaining a financial settlement requires different techniques from that required for most employers.
Government departments and similar unusually sensitive employers. These employers tend to fear cash payouts as they may be disclosed in public records which risks causing embarrassment to the relevant Minister of Parliament or Board of Directors. There are ways around these issues that achieve an employee's need to exit, with a financial settlement, while protecting the employer from embarrassment. One possibility is that an employee could, by agreement, remain on the payroll while not actually working with the employer any longer. Over a period of time the employee receives their payout without any embarrassing blips in the accounts. There are also other ways to achieve a win win solution.
For most cases of unjustified dismissal, the very most that the employee can expect to receive if they take their case to the Employment Relations Authority is up to three months loss of pay (or the actual loss if this is less) plus a tax free award for hurt and humiliation (the average is around $7,000) plus a contribution towards legal costs. There are some cases where more can be awarded and we have certainly been successful in obtaining far higher negotiated settlements, however, the general maximum must be kept in mind.
If the employer is receiving competent advice they will also be aware of these figures. In our experience if an employee asks for a settlement well in excess of the general maximum (for example a full year's loss of wages or salary) this may cause settlement negotiations to break down as it shows that the employee is unrealistic resulting in the employer seeing no possibility of a successful negotiation and/or that the employee has an incompetent adviser.
We have negotiating techniques that will assist in obtaining the maximum realistically possible and we are able to assess if a case is one that can realistically expect to receive a settlement above the usual range. We can more easily assist you to obtain an above average settlement if you involve us at an early stage. Involvement at an early stage gives more flexibility to both sides to negotiate a settlement that in dollar amounts is higher than could be expected at the ERA and/or to maximise the tax free part of the settlement without causing IRD problems.
Employment relationships don't usually break down overnight. From an employee's point of view problems often start with unfair criticism, bullying, being kept out of the information loop, harsh performance management or reviews, or just a feeling that their manager doesn't like them. It is important to trust your intuition. If you feel that someone is out to get you or doesn't like you, then your feeling is probably accurate. Rarely do unhappy situations get better by themselves.
It is wrong for an employee to be treated unfairly but it happens all the time. In order to resolve an unpleasant situation, in the best way possible for you, legal assistance is required. Some people delay seeking legal assistance as they worry about costs or they hope that the situation will go away. By delaying, you greatly increase the risk that the employment problem will cause you serious stress and you risk lessening your bargaining power.
Think about this issue from the employer's perspective. If they have an employee, that they want out, they will be more likely to pay willingly and quickly for that result if they are approached early on as they can then secure the outcome they want without being sued. In exchange, the employee gets to leave with dignity, the highest possible cash outcome, and references as things have not gone on too far. If the employee delays seeking help until after they have been dismissed, the employer has far less incentive to settle promptly and at an above average level as they can sit back and wait for the employee to pursue the claim. We have been involved in many cases where we have secured a cash outcome of many tens of thousands of dollars through an exit negotiation as the employer was so keen to get rid of the employee without a fuss. The employee is also much more likely to face time out of the workforce if they are dismissed, rather than seeking an agreed exit.
If you have a claim you should not be put off pursuing it as it is still worthwhile, however, if you have the choice, sooner is better than later. Please contact us if we can help.
We offer no win no fee in some dismissal cases (employees only). In order to assess a case, we require a first consultation which costs $150 (or $130 if by email). During that consultation we will gather full details of your case and advise you on the strengths of your case, the options available to you, and the settlement expectations. We will then assess whether we are able to offer you no win no fee.
If we are unable to do so we will offer a very competitive hourly rate and we are happy to consider payment arrangements.
We have dealt with lots of different types of lawyers and employment advocates, acting for the other side, in employment disputes. We have been able to observe the styles of negotiation that promote or prevent a settlement that is fair for both sides.
Employment law is not like any other type of law and the style required is also different. Many lawyers (and a few advocates) believe that they must act in a mindlessly aggressive manner and not let their client yield an inch (even if their client has a very poor case). This style of negotiating prolongs the case, and increases their client's costs and stress, leaving their client worse off in the long run. Sometimes these unhelpful lawyers take this style to mediation. Such a style is not appropriate for mediation which is supposed to be approached in good faith. Not only does a mindlessly aggressive negotiating style tend to get everyone's backs up (including the mediator) it also signals that the lawyer doesn't know what they are doing.
We are quite capable of being aggressive when required, however, when it comes down to the actual negotiations we find that, in most cases, the most effective style is to be professional and businesslike so that the other side feels that we understand where they are coming from (even if they are completely in the wrong). We do this while maintaining a strong stance to protect our client. This approach builds empathy and promotes the other side's wish to settle fairly and promptly.
If we can settle our client's case at a level similar to what they could expect to receive if the case went on to the Employment Relations Authority, but without the costs and delays of having to take that step, then that means that we have done a good job. Very few of our cases have to go to the ERA in order to get justice for our clients.
Employment law is a specialised area. We have many times seen examples of employers and employees making dreadful employment law mistakes by taking advice from well meaning friends, or from lawyers who don't know what they are doing. For employers taking the wrong advice (or no advice) can mean that they create a situation where they can be sued successfully. For employees the wrong advice (leading to the wrong thing being said) can cost them their job and any chance of a claim. For both parties, unskilled legal advice can cause an unrealistic view of that person's chances of success or settlement expectations, resulting in the process becoming hugely and unnecessarily drawn out and expensive.
We have seen employees who have been advised by bad lawyers that they should hold out for 12 months loss of earnings. Except in very rare cases, such an expectation is completely unrealistic. We have also seen cases where employers have been given incompetent legal advice that they don't have to worry about the process adopted in firing an employee. Getting the process wrong is enough in itself to cause an employer to lose its case.
Someone with an employment law issue needs advice they can rely on with regard to the strength of their case and settlement expectations. Without this knowledge how will you know if an offer of settlement is any good and how long to let the case go on for?
We offer competent, experienced legal advice, at a fair price. Others offer competence too. If you don't want to talk to us, but competence is important to you, we suggest talking to a specialist employment law firm or employment law advocate, a specialist employment law barrister or a very large legal firm with a good employment law team.
We act for employees with employment law problems. Some have been dismissed. Others are deeply unhappy in their workplace as a result of unfair treatment or being forced out, bit by bit.
A common theme we see is that employees are often so stressed that they have sought medical help. We are used to seeing employees who have been prescribed antidepressants or who are having counselling because things have become overwhelming at work. Often the stress impacts on our clients' marriages.
Merely taking the step to see us means that a load is taken off your shoulders. Not only does this immediately lessen the stress, our advice will show you that, no matter what it is that has happened, that there is a way out of your current situation and a better future. For many people this will mean exit negotiations or mediation to find a good resolution. However, if it is important to you to keep your job and to make your workplace a more pleasant environment, we also have the tools to help to achieve this for you.
If we can help please don't hesitate to contact us.
We offer an employment contract review service, for employees, at a minimal cost. The cost is $130 for a review and report to you by email, or $150 for an in person meeting with a verbal report.
All employees must have a employment contract. The employer must give you the opportunity to seek legal advice on the proposed agreement.
We often find problems with employment agreements. Problems come in all shapes and sizes and include lengthy and unfair restraint of trade clauses (these could prevent you having an income for months after you finish with that employer regardless of whether you resign or are terminated), unfair redundancy compensation, the employment agreement being unfairly one sided in favour of the employer, the agreement not actually recording what you thought you were being offered, and inconsistencies in the agreement that make it unworkable for both parties.
In our experience, if the agreement is brought to us when you have been offered a new job or new agreement, most employers will be happy to accommodate any reasonable suggestions for change. Even if nothing needs to be changed (and this would be unusual) you will have the peace of mind of knowing that you are protected, both now and if things change in the future.
Some employers are very difficult to negotiate with. These employers tend to fall into three different categories:
Smaller employers who arrogantly believe that they can do whatever they like as it is their company. We find that these employers almost always change their tune at mediation as the independent mediator will explain their risks if they don't settle.
Certain large employers who refuse to settle as a matter of principle. We know who most of these employers are and we are experienced in dealing with them. Often these employers are generous with non financial aspects of a settlement (for examples, references, employee assistance programmes and allowing time off for a job hunt); however, obtaining a financial settlement requires different techniques from that required for most employers.
Government departments and similar unusually sensitive employers. These employers tend to fear cash payouts as they may be disclosed in public records which risks causing embarrassment to the relevant Minister of Parliament or Board of Directors. There are ways around these issues that achieve an employee's need to exit, with a financial settlement, while protecting the employer from embarrassment. One possibility is that an employee could, by agreement, remain on the payroll while not actually working with the employer any longer. Over a period of time the employee receives their payout without any embarrassing blips in the accounts. There are also other ways to achieve a win win solution.
For most cases of unjustified dismissal, the very most that the employee can expect to receive if they take their case to the Employment Relations Authority is up to three months loss of pay (or the actual loss if this is less) plus a tax free award for hurt and humiliation (the average is around $7,000) plus a contribution towards legal costs. There are some cases where more can be awarded and we have certainly been successful in obtaining far higher negotiated settlements, however, the general maximum must be kept in mind.
If the employer is receiving competent advice they will also be aware of these figures. In our experience if an employee asks for a settlement well in excess of the general maximum (for example a full year's loss of wages or salary) this may cause settlement negotiations to break down as it shows that the employee is unrealistic resulting in the employer seeing no possibility of a successful negotiation and/or that the employee has an incompetent adviser.
We have negotiating techniques that will assist in obtaining the maximum realistically possible and we are able to assess if a case is one that can realistically expect to receive a settlement above the usual range. We can more easily assist you to obtain an above average settlement if you involve us at an early stage. Involvement at an early stage gives more flexibility to both sides to negotiate a settlement that in dollar amounts is higher than could be expected at the ERA and/or to maximise the tax free part of the settlement without causing IRD problems.
Employment relationships don't usually break down overnight. From an employee's point of view problems often start with unfair criticism, bullying, being kept out of the information loop, harsh performance management or reviews, or just a feeling that their manager doesn't like them. It is important to trust your intuition. If you feel that someone is out to get you or doesn't like you, then your feeling is probably accurate. Rarely do unhappy situations get better by themselves.
It is wrong for an employee to be treated unfairly but it happens all the time. In order to resolve an unpleasant situation, in the best way possible for you, legal assistance is required. Some people delay seeking legal assistance as they worry about costs or they hope that the situation will go away. By delaying, you greatly increase the risk that the employment problem will cause you serious stress and you risk lessening your bargaining power.
Think about this issue from the employer's perspective. If they have an employee, that they want out, they will be more likely to pay willingly and quickly for that result if they are approached early on as they can then secure the outcome they want without being sued. In exchange, the employee gets to leave with dignity, the highest possible cash outcome, and references as things have not gone on too far. If the employee delays seeking help until after they have been dismissed, the employer has far less incentive to settle promptly and at an above average level as they can sit back and wait for the employee to pursue the claim. We have been involved in many cases where we have secured a cash outcome of many tens of thousands of dollars through an exit negotiation as the employer was so keen to get rid of the employee without a fuss. The employee is also much more likely to face time out of the workforce if they are dismissed, rather than seeking an agreed exit.
If you have a claim you should not be put off pursuing it as it is still worthwhile, however, if you have the choice, sooner is better than later. Please contact us if we can help.
We offer no win no fee in some dismissal cases (employees only). In order to assess a case, we require a first consultation which costs $150 (or $130 if by email). During that consultation we will gather full details of your case and advise you on the strengths of your case, the options available to you, and the settlement expectations. We will then assess whether we are able to offer you no win no fee.
If we are unable to do so we will offer a very competitive hourly rate and we are happy to consider payment arrangements.
We have dealt with lots of different types of lawyers and employment advocates, acting for the other side, in employment disputes. We have been able to observe the styles of negotiation that promote or prevent a settlement that is fair for both sides.
Employment law is not like any other type of law and the style required is also different. Many lawyers (and a few advocates) believe that they must act in a mindlessly aggressive manner and not let their client yield an inch (even if their client has a very poor case). This style of negotiating prolongs the case, and increases their client's costs and stress, leaving their client worse off in the long run. Sometimes these unhelpful lawyers take this style to mediation. Such a style is not appropriate for mediation which is supposed to be approached in good faith. Not only does a mindlessly aggressive negotiating style tend to get everyone's backs up (including the mediator) it also signals that the lawyer doesn't know what they are doing.
We are quite capable of being aggressive when required, however, when it comes down to the actual negotiations we find that, in most cases, the most effective style is to be professional and businesslike so that the other side feels that we understand where they are coming from (even if they are completely in the wrong). We do this while maintaining a strong stance to protect our client. This approach builds empathy and promotes the other side's wish to settle fairly and promptly.
If we can settle our client's case at a level similar to what they could expect to receive if the case went on to the Employment Relations Authority, but without the costs and delays of having to take that step, then that means that we have done a good job. Very few of our cases have to go to the ERA in order to get justice for our clients.
Employment law is a specialised area. We have many times seen examples of employers and employees making dreadful employment law mistakes by taking advice from well meaning friends, or from lawyers who don't know what they are doing. For employers taking the wrong advice (or no advice) can mean that they create a situation where they can be sued successfully. For employees the wrong advice (leading to the wrong thing being said) can cost them their job and any chance of a claim. For both parties, unskilled legal advice can cause an unrealistic view of that person's chances of success or settlement expectations, resulting in the process becoming hugely and unnecessarily drawn out and expensive.
We have seen employees who have been advised by bad lawyers that they should hold out for 12 months loss of earnings. Except in very rare cases, such an expectation is completely unrealistic. We have also seen cases where employers have been given incompetent legal advice that they don't have to worry about the process adopted in firing an employee. Getting the process wrong is enough in itself to cause an employer to lose its case.
Someone with an employment law issue needs advice they can rely on with regard to the strength of their case and settlement expectations. Without this knowledge how will you know if an offer of settlement is any good and how long to let the case go on for?
We offer competent, experienced legal advice, at a fair price. Others offer competence too. If you don't want to talk to us, but competence is important to you, we suggest talking to a specialist employment law firm or employment law advocate, a specialist employment law barrister or a very large legal firm with a good employment law team.
We act for employees with employment law problems. Some have been dismissed. Others are deeply unhappy in their workplace as a result of unfair treatment or being forced out, bit by bit.
A common theme we see is that employees are often so stressed that they have sought medical help. We are used to seeing employees who have been prescribed antidepressants or who are having counselling because things have become overwhelming at work. Often the stress impacts on our clients' marriages.
Merely taking the step to see us means that a load is taken off your shoulders. Not only does this immediately lessen the stress, our advice will show you that, no matter what it is that has happened, that there is a way out of your current situation and a better future. For many people this will mean exit negotiations or mediation to find a good resolution. However, if it is important to you to keep your job and to make your workplace a more pleasant environment, we also have the tools to help to achieve this for you.
If we can help please don't hesitate to contact us.
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