Process Guide - 11 min read - Updated January 2026
What to Expect From an Employment Lawyer in New Zealand
Facing a workplace dispute can be stressful. This guide explains how employment lawyers work, the ERA process, what happens at mediation, and how your lawyer will represent you at each stage.
Quick Overview: Employment Law Process
- Initial assessment: Free or low-cost review of your situation
- 90-day deadline: Personal grievances must be raised within 90 days
- Mediation: Free ERA service, resolves about 80% of disputes
- ERA investigation: Only if mediation fails
- Cost: Many lawyers offer no-win, no-fee for strong cases
Initial Assessment: Your First Consultation
Most employment lawyers offer free or low-cost initial consultations (typically 30-60 minutes). Here's what to expect:
What the Lawyer Will Review
- Your employment agreement: Terms, notice periods, restraint clauses
- The events: What happened and when - timeline is crucial
- Documentation: Emails, letters, performance reviews, meeting notes
- Witnesses: Who saw or heard what
- Your desired outcome: What resolution would satisfy you
What You'll Learn
- Whether you have a valid legal claim
- The strength of your case
- Your options (negotiation, mediation, ERA)
- Realistic likely outcomes
- Estimated costs and timeframes
- Whether no-win no-fee might apply
Critical: The 90-Day Rule
Personal grievances must be raised with your employer within 90 days of the event or when you became aware of it. Missing this deadline usually means losing your right to pursue a claim. Contact a lawyer as soon as possible if you're approaching this deadline.
Documents to Bring
- Employment agreement and any variations
- Recent payslips
- All written correspondence about the issue
- Performance reviews or warnings
- Any meeting notes or recordings (if legally obtained)
- Company policies relevant to your situation
- Timeline of events with dates
Types of Employment Claims
Your lawyer will identify which type of claim applies to your situation:
| Claim Type | Common Situations |
|---|---|
| Unjustified dismissal | Fired without fair process or valid reason |
| Constructive dismissal | Forced to resign due to employer's conduct |
| Unjustified disadvantage | Unfair treatment, demotion, reduced hours |
| Discrimination | Treatment based on protected characteristics |
| Harassment/bullying | Ongoing inappropriate workplace conduct |
| Wage/entitlement breach | Unpaid wages, leave, or benefits |
| Redundancy issues | Unfair selection or sham redundancy |
The Employment Dispute Process
Here's the typical journey from initial grievance to resolution:
Step 1: Raise the Grievance
Your lawyer helps you formally notify your employer of the grievance. This:
- Stops the 90-day clock
- Sets out your concerns clearly
- Invites resolution discussion
- Creates a formal record
Step 2: Direct Negotiation
Often parties can reach agreement without formal processes:
- Exchange of letters between lawyers
- Without prejudice discussions
- Faster and less costly than formal processes
- Many disputes settle at this stage
Step 3: ERA Mediation
If direct negotiation fails, either party can request free mediation:
- Neutral mediator facilitates discussion
- Confidential process
- Usually scheduled within 4-8 weeks
- About 80% of cases settle here
Step 4: ERA Investigation
If mediation fails, the ERA can investigate and determine your case:
- Formal written submissions
- Hearing before ERA member
- Witnesses can be called
- Binding determination issued
- Can take 6-18 months
Step 5: Employment Court (Appeal)
Either party can appeal ERA decisions to the Employment Court:
- Full rehearing of the case
- More formal court process
- Significantly more expensive
- Can take 12-24+ months
ERA Mediation: What to Expect
Mediation is where most employment disputes get resolved. Here's what happens:
Before Mediation
- ERA contact: You'll receive a mediation appointment letter
- Preparation meeting: Your lawyer prepares you for the day
- Document bundle: Key documents sent to mediator in advance
- Settlement authority: Know what outcomes you can accept
On the Day
- Arrival: Separate waiting areas for each party
- Opening session: Mediator explains the process
- Your statement: Opportunity to explain your position
- Employer's response: They present their view
- Private sessions: Mediator meets separately with each party
- Negotiation: Mediator facilitates offers and counteroffers
- Resolution: If agreed, Record of Settlement signed
Mediation Tips
- Stay calm: Emotional reactions can hurt your position
- Be prepared to compromise: Mediation requires flexibility
- Listen to your lawyer: They know what's realistic
- Take breaks: Ask for time to consider offers
- Don't rush: Mediations often take all day
What Settlements Typically Include
- Financial compensation (lost wages, distress)
- Payment in lieu of notice
- Contribution to legal costs
- Agreed reference or statement
- Confidentiality terms
- Non-disparagement clauses
- Clean break from employment relationship
How Your Lawyer Represents You
Your employment lawyer provides support at every stage:
During Negotiation
- Drafts formal grievance letters
- Responds to employer's correspondence
- Assesses settlement offers
- Negotiates on your behalf
- Advises on tactical decisions
At Mediation
- Prepares you thoroughly
- Presents your case to the mediator
- Advises on offers in real-time
- Helps you understand implications
- Ensures settlement terms are fair
- Reviews Record of Settlement before signing
At ERA Investigation
- Prepares detailed written submissions
- Gathers and organises evidence
- Arranges witness statements
- Cross-examines employer's witnesses
- Makes closing arguments
- Advises on appeal options if needed
Costs and Fee Arrangements
Employment lawyers offer various fee structures:
Common Arrangements
| Fee Type | How It Works |
|---|---|
| Hourly rate | $300-500/hour, pay as you go |
| Fixed fee stages | Set price per stage (letter, mediation, etc.) |
| No-win no-fee | Pay only if successful (usually 25-33% of settlement) |
| Hybrid | Reduced hourly rate plus success fee |
Typical Cost Ranges
- Initial consultation: Free to $300
- Grievance letter: $500-1,500
- Negotiation to settlement: $2,000-5,000
- Mediation preparation and attendance: $3,000-7,000
- ERA investigation: $10,000-30,000+
Timeline Expectations
| Stage | Typical Timeframe |
|---|---|
| Initial consultation | Within days of contact |
| Grievance raised | 1-2 weeks after engagement |
| Direct negotiation | 2-6 weeks |
| Mediation scheduled | 4-8 weeks from request |
| ERA investigation filed | After mediation fails |
| Investigation hearing | 6-18 months from filing |
| Employment Court | 12-24+ months if appealed |
Questions to Ask Your Employment Lawyer
- Have I got a valid claim, and how strong is it?
- What's the realistic range of outcomes?
- What's your recommended strategy?
- How do you charge - hourly, fixed, or no-win no-fee?
- What's the likely total cost?
- How long will this take?
- Have you handled similar cases?
- Will you personally handle my matter?
- How often will you update me?
- What should I do (or not do) while this is ongoing?
What Makes a Good Employment Lawyer
Look For
- Specialist employment law experience
- Clear communication about your options
- Honest assessment of your case strength
- Transparent about costs and fees
- Responsive to your questions
- Experience with ERA and Employment Court
Warning Signs
- Guarantees of specific outcomes
- Pressure to proceed when you're uncertain
- Unclear or evasive about fees
- Slow responses to your enquiries
- Dismissive of your concerns
- No specialist employment experience
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