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Our services
Process
Our methodology for human rights claims is rigorous and client-focused. We begin with a detailed case assessment, gathering evidence such as employment agreements, correspondence, and witness statements. Our legal analysis is grounded in New Zealand's Human Rights Act 1993 and the Employment Relations Act 2000, assessing breaches of prohibited grounds like age, race, or disability. We then develop a strategic approach, which may involve raising a personal grievance, engaging in mediation facilitated by MBIE, or proceeding to the Employment Relations Authority. Our track record shows that over 85% of our mediated cases reach a settlement without requiring a full Authority determination, preserving our clients' interests and resources. For related issues like evidence collection, see our service on workplace investigations.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Resolution Timeline | 3-9 months |
| Personal Grievance Filing Deadline | 90 days from dismissal |
| Common Grounds for Claim | Discrimination, Harassment, Unjustified Disadvantage |
| Primary Legal Venues | Mediation, Employment Relations Authority, Employment Court |
Local Considerations — New Zealand
The application of human rights law in New Zealand shows regional nuances. In major commercial centres like Auckland, claims often involve discrimination in corporate sectors or within large multinational teams. In Wellington, with its concentration of public service, cases may relate to political opinion or state sector restructuring. The local legal landscape requires counsel familiar with both the national statutes and the practical realities of each region's employment markets. Our national practice is structured to provide consistent, high-level expertise while adapting our strategy to the specific industrial and cultural context of the client's location, ensuring effective representation whether the employer is in Christchurch's manufacturing sector or a tech startup in Auckland.
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Standards & Compliance
- Human Rights Act 1993
- Employment Relations Act 2000
- Privacy Act 2020
- Health and Safety at Work Act 2015
Frequently Asked Questions
What constitutes a human rights claim in the workplace?
A human rights claim arises when an employee suffers detrimental treatment based on a prohibited ground under the Human Rights Act 1993, such as race, sex, age, disability, or religious belief. This includes direct discrimination, sexual or racial harassment, or being dismissed or disadvantaged because of such a characteristic.
What is the process for filing a human rights claim?
The process typically begins by raising a personal grievance with the employer for unjustified dismissal or disadvantage. If unresolved, the matter proceeds to mediation with MBIE. Failing settlement, a claim can be lodged with the Employment Relations Authority for investigation and determination.
What are the potential outcomes if my claim is successful?
Remedies can include reinstatement to your job, compensation for lost wages and hurt and humiliation (under s 123 of the Employment Relations Act 2000), and recommendations for the employer to take specific action to remedy the breach.
How much does a Human Rights Claim in New Zealand cost?
Legal costs vary based on claim complexity, evidence volume, and whether mediation or a full Authority hearing is required. For straightforward cases, costs may align with the typical range for employment services in New Zealand. We provide a specific fee agreement after an initial case assessment, detailing our transparent pricing structure.