Agreement between Unfair.co.nz and you (hereinafter: “the client”)
The client, agrees to the following terms and conditions:
1. Contingency Fee
1.1 Unfair.co.nz will represent the client on a contingency or “no win - no fee” basis, except as in 1.2 ii & iv and 3.1 below.
1.2 This means:
i. Should unfair.co.nz be unable to achieve a successful result, no fee shall be payable.
ii. Should unfair.co.nz achieve a successful result without financial compensation – for instance reinstatement – an hourly rate will be agreed prior to accruing any charges.
iii. Should unfair.co.nz achieve a result with financial compensation payable to you, then fees will be charged as in section 2 below.
iv. If an advocate is asked to attend a disciplinary meeting, travel and time costs may be incurred, in which case they will be negotiated and agreed between the advocate and the client prior to attendance.
2. Success fees
2.1 For cases that are resolved up to and including mediation, unfair.co.nz will charge a fee based on a percentage of the amount. For amounts of $1000 or less, a fee of $250 + GST shall be payable. For amounts from $1001 - $10,000, a fee of 25% (plus GST) of the award shall be payable. Should the amount exceed $10,001, 10% (plus GST) shall be charged on that portion. Any portion of a settlement of $50,001 and above attract no additional fees.
2.2 If an employer refuses to attend mediation, or a settlement cannot be reached through mediation, a filing would need to be made at the Employment Relations Authority (ERA), costing $71.56 (incl GST). The ERA will then direct the employer to attend mediation, or if that has failed, investigate and make judgement.
2.3 If the case is not resolved during or before mediation both unfair.co.nz and the mediator will advise the client on taking a case to the ERA. The client will be presented with a risk analysis advising the strengths, weaknesses and potential risks – this is a requirement of all mediators. Unfair.co.nz will advise the client of chances of success at the ERA, to allow an informed decision about the next step, if any. Also note the fee structure in 3.1 below regarding cases taken to ERA hearing.
2.4 Should Unfair.co.nz advise the client that an employer offer is fair and reasonable considering and has advised the client to accept, and the offer is declined and the client wishes to proceed to the ERA, unfair.co.nz reserves the right to decline to assist further.
2.5 GST is payable on our fees and charges as noted in all cases.
2.6 Unfair.co.nz will invoice the client on completion of the matter, unless fees are included in the settlement and paid by the employer.
2.7 Terms of Payment: fees charged by Unfair.co.nz shall be paid immediately upon any successful settlement being made.
3.0 Proceeding to Authority hearing
3.1 If mediation and negotiation fail, application will be made for an ERA Tribunal hearing.
3.2 Note that success fees will not be charged at all if an order is made by the
ERA for costs in your favour that are at least equal to the amount that would
have been charged as a success fee. Should fees be ordered that are less than
the success fee, the success fee shall be reduced by the amount of costs
4.1 Unfair.co.nz undertakes to hold all information in complete confidence, and will not disclose any of this information to any other person except:
i. as required to proceed with the case and implement your instructions; or
ii. to the extent required by law.
If you don't win, you don't pay.
You won't find lawyers who will do that, but you will find lawyers who charge more than your compensation.
With Unfair.co.nz you will always receive the majority of any award.
Unlike many of our competitors, we will not take on frivolous cases. This ensures we always receive a fair hearing and honest appraisal from ERA/MBIE.
With Unfair.co.nz, you can be guaranteed to get the best advice.
Unfair.co.nz is not just adept at dealing with unfair employment matters, we
also insist on transparency and fairness in our dealings with you, the customer,
which is why Unfair can guarantee reasonable fees, excellent service and
professional attitudes at all times.
Talking to us costs nothing, as there is no charge until you win your employment case, Advice is free and freely-given, without any obligation.
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