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Process
Our approach is methodical and client-focused, beginning with a detailed case assessment to establish the facts against the framework of New Zealand employment law, primarily the Employment Relations Act 2000. We analyze employment agreements, company policies, and all communications to build an evidential timeline. Our team then provides a clear, written strategy outlining your legal position, potential remedies, and the procedural steps, whether that involves negotiation, mediation through the Employment Relations Authority, or litigation. For instance, in unjustified dismissal cases, we meticulously prepare for the personal grievance process, where over 90% of claims are resolved before reaching the Employment Court. We provide robust representation in specific areas like Termination & Dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Primary Governing Legislation | Employment Relations Act 2000 |
| Personal Grievance Lodgement Deadline | 90 days from event |
| Typical Mediation Duration | 1-2 half-day sessions |
| Common Remedy for Unjustified Dismissal | Reimbursement & Compensation |
Local Considerations — Hastings
Employment law practice in New Zealand requires an understanding of both national statutes and regional employment dynamics. While the law is consistent nationwide, local economic drivers influence case profiles. In Hastings and the wider Hawke's Bay region, with its significant horticulture, viticulture, and related processing industries, seasonal work and related disputes are common. Our national presence means we adapt our advice to the specific industrial context of the client's location, whether addressing rostering issues in a Hastings packhouse or redundancy processes in a Wellington corporate head office. This localized insight, backed by national expertise, ensures practical and relevant legal strategies. For localised support, our team in Hastings is your direct point of contact.
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Employment Lawyers in Hastings
Locations covered in Hastings
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 time limit for raising a personal grievance?
You have 90 days from the date the action occurred or came to your attention to raise a personal grievance with your employer. This strict deadline is set by the Employment Relations Act 2000, so seeking immediate legal advice is crucial to protect your position.
What is the difference between mediation and going to the Employment Court?
Mediation is a confidential, without-prejudice process facilitated by the Employment Relations Authority to help parties reach a voluntary settlement. It is often the first formal step. The Employment Court is a formal court that makes binding judgments on unresolved matters; it is typically used for complex legal issues or appeals.
Can I be dismissed during a trial period?
Yes, but the process must be fair and legal. A valid trial period clause (only for employers with 19 or fewer staff) allows dismissal within the first 90 days without the employee raising a personal grievance for unjustified dismissal. However, the dismissal cannot be for a discriminatory or otherwise unlawful reason.
How much does employment legal advice cost in New Zealand?
Costs depend entirely on the case's complexity, required steps (e.g., advice, negotiation, mediation, or court proceedings), and its duration. Many cases are resolved at the mediation stage. We provide transparent fee structures and often work on a fixed-fee basis for initial advice. The best approach is to request a specific proposal after an initial case assessment.