Employee Employment Processes

"Access to justice is achieved when everyone can afford

advice and  representation".

Diligence at Work Director, Tuangane Matangi

Fees

Diligence at Work provides tailored services to meet the needs of all people who work, or employ people to work, in the New Zealand employment sector.  

Given this, our fee options for all our clients and potential clients are set to reflect the different services we provide, while maintaining our overall purpose to promote harmony in employment relationships and provide employment law education to the employment sector.  

Diligence at Work sets its fees in line with its values and purpose which is fundamentally founded on providing working kiwis with professional and qualified employment law representation that is affordable. Our fees reflect the change we believe is required to provide equity to working kiwis who need access to justice in their employment relationship disputes.

"No Win No Fixed Fee payment options by qualified and experienced employment law advocates provide equitable access to justice for vulnerable employees with no legal training or financial resources".

Diligence at Work Director, Tuangane Matangi

Employees

Diligence at Work provides a​ No Win No Fixed Fee contingency fee option for employees who are assessed by us as having the legal grounds to raise a personal grievance and do not have an income or the financial resources to pay a retainer or our fees on a time basis.

Diligence at Work sets fixed fees for specific employment relationship scenarios. When you engage with us for representation as an employee, you will know the exact amount you will have to pay when we seek to achieve the result you are seeking in your employment relationship.

Raising Personal Grievance and Resolving the Personal Grievance

by Negotiations via phone calls and correspondence and or at Mediation;

No Win No Fixed Fee contingency fee:  $1,500.00 excl GST

at the Employment Relations Authority;

No Win No Fixed Fee contingency fee:  $2,500.00 excl GST

Please call us to discuss our fixed fee options to represent you at the Employment Court.

"Good faith as a guiding principle to the way you behave towards your employees will justify the actions and outcomes of any processes you undertake in your workplace".

Diligence at Work Director, Tuangane Matangi

Employers

Diligence at Work provides Employers with representation to defend a personal grievance on a Fixed Fee basis.

To Defend and or Resolve a Notice of Personal Grievance up to and including Mediation, in Christchurch, for - 

Not for profit and charitable organisations with status: $1,500.00 excl GST

Employers with between 1 and 20 employees: $2,500,00.00 excl GST

Employers with more than 20 employees: $5,000.00 excl GST

 

To Defend and or Resolve a Notice of Personal Grievance at the Employment Relations Authority and or Employment Court: $10,000.00 excl GST

 

Consultation for Human Resource Purposes and or employment relationship processes: $150.00 per hour excl GST

Disciplinary Meetings/Suspensions/Investigations

If you need representation in an employment relationship process, such as a disciplinary meeting, investigation or suspension, that is being carried out by your employer in regards to your employment, then we can help you.

In most circumstances, our clients actually want to keep their job. If that is what you want, then we will advise you about  your legal grounds in relation to the process being carried out in your employment relationship, and represent you during that process. 

If we achieve the result of securing your employment at the end of one of the above employment relationship processes; 

Our No Win No Fixed Fee contingency fee: $575.00 including GST.

You may not have the legal grounds to defend an Employer's finding (at the end of a lawfully conducted employment process) to keep your job. We will advise you about this from the outset, and then you will have the option of using our representation to secure you an exit package that is in line with your employment law rights.

Sometimes, this can be as simple as acting as an in-between for you to return your work property so you do not have too, or seeking a reference.

In more extreme scenarios, you may want to to include an offer to your employer to settle a potential personal grievance we have advised to you there is legal merit to pursue. This is sometimes called a without prejudice and save as to costs settlement offer.

If we achieve an Exit Package for you to conclude your employment relationship; 

Our No Win No Fixed Fee contingency fee:  $575.00 including GST.

TERMS OF SERVICE
 

Fees

 

The fee options available for our representation and consulting services are outlined above. All new clients incur a one off office fee of $34.40 including GST.

 

All fees invoiced are payable within 21 days. Please call us to discuss a time payment if you know you are unable to meet payment of your fees within the due date.

 

Where we agree with you that payment of fees and disbursements will be made by a third party, such as your employer or former employer, you agree to remaining responsible for that payment, and we maintain the right to invoice you directly for any monies not paid by a third party.

 

Disbursements

You may be required to pay the costs to file your claim in the Authority and or Employment Court up front, or else this will be an agreed disbursement that you will be invoiced for. All disbursements (things that need to be paid other than fees in relation to your file) will be discussed with you.

 

Late Payment

Invoices not paid by the due date are deemed a late payment, and will incur interest of 3 % per month on the outstanding balance payable by you. You agree to pay any costs incurred by us in recovering any late payment such as debt collection, enforcement action fees, and court fees.

 

Confidentiality

 

Your information will be held in the strictest confidence by us and we will not disclose it to any person except in very limited and exceptional circumstances such as: to the extent necessary and desirable for us to carry out your instructions, or to the extent required by law or any relevant professional bodies code of ethics, or for the purposes of recovering any late payment or, as instructed by you to disclose the information to another party, and or defend ourselves in tribunal, or court proceedings brought about by you.

 

Termination of Agreement for Services

 

Either party may terminate the agreement by informing the other party in writing or by telephone. While we will not be obliged to provide you with the services outlined in this Agreement following the termination of the agreement, any fees incurred by us up to that point are still payable by you.


Conflicts of Interest

 

We will take all reasonable steps to ensure that we do not have a conflict of interest with our services to provide you with the representation relating to your employment relationship. If a conflict of interest arises whether actual or potential, we will advise you as soon as possible. In the event that you use our advice for the benefit of another person, we will maintain no responsibility or liability for any such advice.

 

Duty of Care

 

We will use skill, experience, and care when providing you with our services, and these services do not extend to any other person. In the event any other person seeks to establish a duty of care, they will be under the burden of proving that they have established an agreement with us, and we do not agree to this. In the event that you use our advice for the benefit of another person, we will maintain no responsibility for any such advice.

 

General

 

This Agreement may be changed with agreement between us at any time and any change will be recorded and provided to you in writing. All services provided under the agreement are carried out according to the information you provide to us.

 

We will be entitled to assume the information you provide to us is the truth, and accurate. You must let us know if you change your contact details as soon as you can.

 

We will not be responsible or liable for any risk, such as costs incurred against you for failing to provide a document when directed by any court official,  you face as a result of you failing to keep us up to date with your details or return our phone calls, or check your emails.

 

You agree to provide us with your most preferred method of contact and to check your messages and respond to us in a timely manner.

 

You agree to us communicating with you and others by email, and we do not represent or warrant that email or communication will always be accurate, complete, confidential, or secure, since any electronic forms of communication and services can be subject to interference, interception or corruption. 

 

Complaints Process

 

If you are not satisfied with the services we provide to you please let us know as soon as possible. 

 

Diligence at Work is legally obliged under the Consumer Guarantees Act 1993 to provide you with a high level of skill and care when representing and advising you on your employment relationship matters subject to the services agreed in this Agreement. 

 

We will be able to come to an agreement about your complaint about our service should this occur. If we are not, you are able to explore and seek redress via your avenues under New Zealand consumer law.

Progress of your Matter

We will keep you informed about the progress of your matter and you will be provided with a copy of all documentation sent or received by us. You also agree to ensure you keep us informed about anything which could affect the advice and service we are providing to you.

Taking your Instructions

We provide you with well considered employment law advice alongside your particular issue. We will not ever act on your behalf and contact your employer without your explicit instructions. We may also seek your instructions to request information on your behalf so we are able to get the full facts to provide you with the appropriate employment law advice.