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Process
Our methodology begins with a detailed analysis of your employment agreement, role-specific industry standards, and your employer's financial circumstances. We assess entitlement under the Employment Relations Act 2000, common law principles, and any applicable collective agreements. For instance, a claim for unjustified dismissal can seek remedies including reimbursement of lost wages (up to 3 months) and compensation for humiliation or injury to feelings. We then develop a negotiation strategy, often securing settlements that are 20-40% higher than initial offers, before preparing for mediation or litigation in the Employment Relations Authority if necessary. This structured, evidence-based approach is applied to professions from technology to teaching.
At a Glance
| Parameter | Reference Value |
|---|---|
| Personal Grievance Time Limit | 90 days from event |
| Typical Negotiation Phase | 2-4 weeks |
| Common Wage Reimbursement Cap | 3 months |
| Key Governing Legislation | Employment Relations Act 2000 |
Local Considerations — New Zealand
Severance entitlements and negotiation landscapes vary across New Zealand's economic regions. In Auckland's competitive finance and technology sectors, redundancy packages often include complex incentives and restraint of trade clauses requiring specific scrutiny. In Wellington, public sector restructuring follows distinct protocols under the State Sector Act 1988. Christchurch's rebuild economy has established precedents for project-based redundancies. Our national practice adapts to these regional legal and industrial nuances. We understand that a redundancy for a software engineer in a scaling SaaS company involves different valuation metrics than for a nurse in a District Health Board, ensuring our advice is precisely calibrated to your profession and location.
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Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Good Faith obligations under Part 5 of the ERA
- Privacy Act 2020 (handling of employment records)
Frequently Asked Questions
What is the most common mistake employees make regarding severance?
The most critical error is signing a settlement agreement without independent legal advice. Such documents often contain full and final release clauses that permanently extinguish your rights to further claims, even for undiscovered issues. Our review identifies unfavourable terms and ensures the compensation reflects your full legal entitlement.
How does severance pay differ by profession?
Entitlements vary significantly based on factors like industry practice, collective agreements, and role-specific remuneration structures. For example, a senior executive may have a contractual entitlement to 12 months' salary, while a retail worker's redundancy may be calculated strictly under the Employment Relations Act. We provide tailored guidance for specific professions such as Severance Pay For Software Engineers or Severance Pay For Nurses.
What if my employer claims they cannot afford a redundancy payment?
An employer's financial position is a relevant factor but does not automatically negate your entitlement. We scrutinise such claims rigorously. The obligation to act in good faith requires transparent disclosure of financial evidence. We assess this to determine if the claim is genuine or a negotiation tactic, advising on the strength of pursuing a personal grievance for unjustified dismissal.
How much does it cost to get legal help with severance pay in New Zealand?
Costs depend on the complexity of your case, the required negotiation or litigation phases, and the documentation involved. Many cases are resolved during the initial negotiation and mediation stages. We provide clear upfront advice on fee structures, which may include fixed-price agreements for document review or hourly rates for representation. The best approach is to request a specific assessment of your situation.