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macpen
27-08-2004, 01:16 AM
Anyone out there ever taken a case to the employment court? As I understand it I pay 75 bucks and an advocate does all the work. I'm being royally shafted by my employer. Personal grievance lodged with mediation and if not satisfied, court is my next option.

robo
27-08-2004, 08:33 AM
In my experience Emplyoyment Court tends to favour the employee, but it can make it hard for someone to get work afterwards if word of going there spreads. Employers are very reluctant to employ people who have been there (guess I am saying, don't put it on your CV).
robo.

summertime
27-08-2004, 10:02 AM
Hi Macpen.
Suggest you seek out an Employment Lawyer. Some operate on a no win no fee basis so you pay nothing unless you get a result and then it is only a percentage. My friend is one in the Christchurch area and he has been very successful in grievances against employers.

Billy T
27-08-2004, 10:04 AM
You will pay a lot more than $75 for an Employment Court appearance unless you are being represented by a Union (which would normally charge you nothing at all), or a "Commission Advocate" who will take a significant proportion of whatever you win.

I'm not sure how the "no win, no fee" brigade cover disbursements but I suspect you would be up for all the filing fees and any other process charges. If you lose, and your case is deemed to have had no merit, you may also be up for costs.

If you want to run the issues past me for a free second opinion, email me at the address listed in my profile and I'll respond with a number you can call. It is not my primary occupation at present but I do some work in the employment field and keep reasonably current with Tribunal and Court issues.

Cheers

Billy 8-{)

Winston001
27-08-2004, 10:41 AM
I agree with Robo and Billy. Generally in my experience employment disputes are settled or decided in favour of the employee. Even when there is little merit to the claim. So the odds are in your favour immediately.

Most claims are settled at mediation.

But I doubt that you will get a free ride. Unless you have a union representing you. Employment lawyers and advocates make their living doing this work. It would not be unusual for a successful employee to ultimately receive half of any award, after paying the costs.

Or nothing at all apart from an apology and a reference. The reason many claims are settled at mediation is that neither side want to incurr the expense and delay of an Employment Tribunal hearing. Given that employers tend to be on the back foot, they often settle for paying the employees costs at mediation, just to get rid of the problem. The advocate gets paid and the employee has a win - but no money.

These are general comments and every case is different. However do not expect a free ride.

Chris Randal
27-08-2004, 12:23 PM
Have a look in here.

Employment Relations Service (http://www.ers.govt.nz/)