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Process
Our technical process begins with a forensic analysis of your employment documentation and the circumstances of your dismissal or dispute. We assess claims against the statutory tests for justification under Section 103A of the Employment Relations Act and prepare for mediation or the Employment Relations Authority. Our approach is evidence-led, leveraging case law and precise legal argument. We manage all filings within the critical 90-day period, with a historical settlement rate in mediation exceeding 70% prior to escalated proceedings. For specific guidance on termination cases, review our detailed practice area on Termination & Dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Personal Grievance Filing Deadline | 90 days from event |
| Typical Mediation to Resolution | 4-8 weeks |
| Common Legal Grounds | Unjustified dismissal, disadvantage, discrimination |
| Primary Tribunal | Employment Relations Authority |
Local Considerations — Hamilton
Employment law practice in New Zealand requires adaptation to regional industry hubs. In Hamilton, a major centre for agriculture, manufacturing, and education, disputes often involve seasonal work, restructuring in production facilities, and issues within tertiary institutions. The local employment landscape is shaped by these sectors, demanding specific familiarity with collective agreements and common industry practices. Our national service, anchored in Hamilton, is strategically positioned to address these regional nuances while providing consistent, expert representation across the country, ensuring local context informs every case we undertake.
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Employment Lawyers in Hamilton
Locations covered in Hamilton
Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Health and Safety at Work Act 2015
- Privacy Act 2020
Frequently Asked Questions
What is the most common mistake employees make after a dismissal?
The critical error is delaying action. Waiting to seek legal advice often consumes precious time within the 90-day personal grievance window, compromising evidence gathering and strategic positioning. Immediate consultation is essential to preserve all legal options and remedies.
What does the mediation process involve?
Mediation is a confidential, without-prejudice meeting facilitated by an independent Mediator from MBIE. The goal is to reach a mutually agreeable settlement. It is a mandatory step before most cases can proceed to the Employment Relations Authority, and the majority of disputes are resolved at this stage.
Can I be fired while on sick leave or for raising a safety concern?
Generally, no. Dismissal in these circumstances may constitute an unjustified dismissal and/or a disadvantage claim. The employer must have a substantively justifiable reason and follow a fair process. Raising a genuine safety concern is a protected activity under the Health and Safety at Work Act.
How much does an employment lawyer cost in New Zealand?
Costs depend entirely on case complexity, required stages (mediation, authority investigation), and duration. We provide transparent fee agreements upfront. As a 2024 reference, legal representation for a standard unjustified dismissal case through mediation typically ranges between NZD $3,000 - $8,000 + GST. A specific proposal is provided after initial case assessment.