Give me a call if you think you have a personal grievance for an unfair dismissal or
- You have been bullied, harassed, or threatened at work
- You have been or are being forced to resign against your will - call a constructive dismissal
- You want to know about "Unjustified disadvantage" - where the employer does something that causes a disadvantage of some sort to you - which may not be about about money; it could be about health and safety for example.
- Discrimination - is illegal, and covers things like gender discrimination, or being told you are too young - or old - for a job; or 'we don't employ people from that religion' ; or discrimination on the grounds of disability, or lots of other examples;
- Sexual harassment - is hugely widespread and affects men and woman. The issue will be getting evidence - call me to discuss further;
- Redundancies - are sometimes an excuse to get rid of someone. Google "sham redundancies" to see examples. Get advice early if you think this may be you.
- Exit packages - are very common, and mean rather than get into a long and expensive fight with your employer, they "buy" your resignation, and we all move on. Not for DIY......
- Disciplinary meetings - require a specific process to be followed, and you are entitled to have representation. Better that than be be unfairly fired.
- Employment Agreement/contract reviews and negotiations - an area for expert advice - from some one who has wriiten employment agreements for well over 10 years.
- Performance Reviews - can be nothing more than a shallow attempt to fire someone. Get advice early if this is happening to you.
- CV preparation
Who may bring a Personal Grievance?
Only an employee may bring a personal grievance. While notice of a personal grievance must be given within 90 days, that is sometimes done to give time to work out if you have a good case or not. I can assist you in this process.
How Can We Assist You?
I will listen to the issues that you have and give you my honest opinion of your case. If I think you are wasting your time, I will tell you, and why I think that. If I think you have a good case I will tell you why I think that.
At the first meeting we will discuss what evidence you currently have, and if more evidence is needed, will you be able to get it? More evidence means a greater chance of winning good compensation, so is very important.
If you have been dismissed and your employer does not want to settle by discussion and negotiation, we will be going to mediation with the Employment Relations service. If things arent settled there, your only option is taking it to the Employment Relations Authority. That will cost alot more money than mediation, and is only done when you have a really good case.
The justification of taking the matter to the Employment Relations Authority will depend on the facts and how the law is applied to those facts. Again we can advise you on this.
The hourly rate is $350 per hour plus gst. Which gives some people a heart attack!! But the hourly rate is NOT the issue. The issue is, what compensation did I get for you, and what did you pay me? So if I got you compensation of say $20,000 dollars, then I think a fee of something around $3 to 6,000 dollars is fair and reasonable. Especially if your employer is paying some or all of that cost. Most employment disputes - if settled by agreement - include payment of some or all of your legal costs.
I do not take a share of what ever you win and I do not offer "no win no fee". I do good work for clients and think I should get paid for that work. But I understand that some employees can only pay me if they get some compensation, and I can work with that.
"No Win no fee" - is this a good deal?
Do careful research if you are tempted to use one of the many "no win no fee" people out there. Their fees can be huge, and you may find most of the money goes to your representative. In their defense, "no win no fee" advocates rightly claim they only get paid of they get you some compensation. And they like to point out that lawyers getting paid a fixed hourly rate have an incentive to draw matters out. This is a valid point, but makes no mention of the incentive for a "no win no fee" advocate to grab the best deal going, as quick as possible - so that they get paid.
See this article about 'guerrilla tactics" and unethical behaviour used by advocates:
Andrew Cadenhead is an ACC advocate who won a great payout for his client, of $84,797.00. He then took all of that in his fees, because his client signed a contract agreeing to that. His client complained, and got a 50% reduction of fees. Which means the client paid $42,389.50 in fees to her "no win no fee" advocate. Read the article:
Do your homework!
Come in and have a chat. And have a look at the testimonials page - I like to think I'm pretty good at getting clients all that they are entitled to. And then the client will be happy to pay me a fee - and tell others. And I get to make a living helping others...