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Our services
Process
Our negotiation methodology begins with a detailed forensic review of your employment agreement, company policies, and the circumstances of termination. We assess entitlements against statutory minima, case law precedents, and any collective agreements. A key data point we analyze is the notice period; while the statutory minimum is four weeks, many senior roles are entitled to significantly more. We then develop a negotiation strategy, often commencing with a without prejudice communication to your employer. Our approach is tactical and evidence-based, aiming to resolve matters efficiently through direct negotiation or facilitated mediation, avoiding unnecessary litigation while firmly advocating for your best financial and professional outcome. For a precise assessment of potential entitlements, clients often begin with a Severance Package Review.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 2-6 weeks |
| Common Notice Period Range | 4-12+ weeks |
| Key Governing Legislation | Employment Relations Act 2000 |
| Primary Resolution Forum | Direct Negotiation / Mediation |
Local Considerations — New Zealand
Severance practice in New Zealand is uniformly governed by national statute, but local economic factors and industry norms significantly influence outcomes. Negotiations in Auckland's competitive finance and tech sectors often involve complex long-term incentive plans, whereas restructuring in Wellington's public sector follows strict procedural guidelines. Similarly, redundancy situations in Christchurch's manufacturing or Hamilton's agricultural sectors require an understanding of seasonal and project-based work patterns. Our national team is adept at navigating these regional nuances, ensuring our advice is contextualized to the specific market and employer profile you are dealing with across New Zealand.
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Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyer24.org
Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Good Faith obligations under s4 of the ERA
- Relevant case law from the Employment Relations Authority and Court
Frequently Asked Questions
What is the legal basis for negotiating beyond a basic redundancy payment?
Beyond statutory minima, negotiations are grounded in the employment agreement, company policy, the principle of good faith, and compensatory factors for loss of non-monetary benefits or unfair dismissal claims. Case law also establishes precedents for enhanced payments based on role, length of service, and the manner of termination.
How long does the severance negotiation process typically take?
Most negotiated settlements are concluded within 2 to 6 weeks. The timeline depends on the employer's responsiveness, the complexity of the claims (e.g., disputed justification, calculation of bonuses), and whether the matter proceeds to mediation. We prioritize efficient resolution to provide you with certainty.
Can I negotiate if I have already signed a termination agreement?
Generally, a signed agreement is legally binding. However, in limited circumstances, you may challenge it if you signed under duress, were misled, or lacked independent legal advice. It is critical to seek advice before signing any termination document. We offer a [Severance Package Review](/practice-areas/severance/severance-package-review/) specifically for this purpose.
How much does Severance Negotiation cost in New Zealand?
Legal fees for severance negotiation are typically based on time incurred, with a final cost dependent on the complexity of your case, the number of negotiation rounds, and whether mediation is required. We provide transparent fee agreements upfront and often find that the value achieved in the negotiated settlement significantly outweighs the legal investment. We recommend requesting a specific proposal for your situation.