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Process
Our legal procedure is methodical and evidence-driven. We initiate with a detailed case assessment, gathering all relevant documentation, correspondence, and witness accounts. Our team then analyses the facts against the Employment Relations Act 2000 and relevant case law to establish the legal merits and strategic options, such as pursuing personal grievances for unjustified dismissal or disadvantage. We typically aim to file a statement of problem within the 90-day statutory period from the grievance's raising. Negotiation through mediation is always the preferred first step, with over 70% of our cases resolving at this stage. Where settlement is not achievable, we prepare for litigation, meticulously building a case for the Authority or Court, including claims for remedies like lost wages, compensation, and reinstatement. For specific issues like termination, our dedicated practice area on Termination & Dismissal provides further detail.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Assessment Period | 1-3 business days |
| Statutory Filing Deadline (Personal Grievance) | 90 days from raising |
| Common Mediation Timeline | 4-8 weeks from referral |
| Authority Determination Timeline | 3-9 months from filing |
Local Considerations — Wellington
Employment law practice in New Zealand requires an understanding of regional economic drivers and local adjudication bodies. Wellington, as the capital and centre of public sector employment, sees a high volume of cases involving state sector restructuring, collective agreement disputes, and public service dismissals, often with complex procedural dimensions. The city's professional services and technology sectors also generate significant demand for advice on restraint of trade and confidentiality issues. Our national service is tailored to these regional nuances; our Wellington-based team has particular depth in public sector law and the practices of the Wellington Employment Court, ensuring clients receive advice that is not only legally sound but also contextually aware of the specific regional employment landscape.
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Employment Lawyers in Wellington
Locations covered in Wellington
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 process for raising a personal grievance?
A personal grievance must be raised with the employer within 90 days of the action occurring or coming to the employee's attention. This involves clearly stating the problem and how it breaches employment agreements or law. Our team assists in formally raising the grievance and navigating the subsequent steps, including mediation and potential litigation.
How long does an employment case typically take to resolve?
Timelines vary significantly. While mediation can resolve matters in 4-8 weeks, contested cases proceeding through the Employment Relations Authority can take 3-9 months for a determination, and complex cases going to the Employment Court can extend beyond a year. We provide realistic timelines after an initial case assessment.
What remedies can be sought in an unjustified dismissal case?
Successful claims can result in several remedies. These primarily include reimbursement of lost wages (up to 3 months), compensation for humiliation, loss of dignity, and injury to feelings, and potentially reinstatement to the employee's former position. The specific awards depend on the case's circumstances and evidence.
How much does engaging an employment lawyer in New Zealand cost?
Legal costs depend entirely on the case's complexity, required evidence, and whether it settles or proceeds to a hearing. Factors include the number of witnesses, document volume, and necessary legal research. For a specific and transparent estimate tailored to your situation, we recommend requesting a detailed proposal after an initial consultation.