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Our services
Process
Our technical process begins with a detailed evidentiary analysis of your situation, examining communications, witness statements, and company policies. We assess the claim against the legal tests under the Human Rights Act 1993, including establishing a prima facie case of discrimination. Our team then engages in without prejudice negotiations, leveraging the threat of proceedings in the Employment Relations Authority or Human Rights Review Tribunal to seek a favourable settlement. Where necessary, we prepare and file statements of problem, managing the litigation process with precision. We secure successful outcomes in over 85% of our mediated cases. This rigorous approach is also applied in related areas such as Workplace Harassment claims.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Resolution Timeline | 3-9 months |
| Primary Governing Legislation | Human Rights Act 1993 |
| Common Grounds for Claim | Age, Race, Sex, Disability, Religion |
| Remedies Sought | Compensation, Apology, Reinstatement |
Local Considerations — New Zealand
The application of discrimination law is consistent nationwide, but the local commercial and industrial context influences claim dynamics. In Auckland's dense corporate and multicultural sectors, claims often involve professional industries and intersectional issues. Wellington's public sector focus sees different procedural nuances. Across New Zealand, from Christchurch's rebuild economy to Hamilton's agricultural base, the fundamental legal principles remain, but our strategy is tailored to the specific workplace culture and regional employment norms. Our national presence ensures we understand these subtleties, providing effective representation whether your case is in a major metro or a provincial centre. We advise clients on their rights throughout New Zealand.
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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 unlawful discrimination in the workplace?
Unlawful discrimination occurs when an employee is treated less favourably than others in similar circumstances due to a prohibited ground under the Human Rights Act 1993. This includes direct actions (e.g., not hiring someone because of their race) and indirect, systemic practices that have a discriminatory effect. The burden of proof initially lies with the employee to establish a prima facie case.
What is the typical process for a discrimination claim?
The process typically involves raising the issue with the employer first, often through a formal grievance. If unresolved, a claim can be lodged with the Employment Relations Authority or the Human Rights Commission. Most claims are resolved through mediation, but contested cases may proceed to an investigation meeting or a hearing in the Authority or Tribunal.
What are the time limits for filing a discrimination claim?
For a personal grievance claim under the Employment Relations Act, you must raise the issue with your employer within 90 days of the action occurring or coming to your attention. For a complaint under the Human Rights Act, you generally have 12 months from the date of the incident to lodge a complaint with the Human Rights Commission.
How much does a workplace discrimination case cost in New Zealand?
Legal costs vary significantly based on case complexity, evidence volume, and whether mediation or full litigation is required. A straightforward case resolved at mediation will cost considerably less than a multi-day tribunal hearing. As a 2024 reference, professional representation for a standard claim can range from NZD $5,000 to $20,000+. We provide a specific budget after an initial case assessment.