Terms & Conditions
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. As this constitutes considerable additional work for the advocate, the success fee for any case taken to an ERA hearing shall be 35% of the awarded amount + GST, with a minimum of $1000 + GST.
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 awarded.
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.
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