1. Engagement You have engaged us as your employment advocate to act for you in employment matters which may arise from time to time. Our engagement is limited to the specific matters and services you instruct us to provide. We do not provide ongoing monitoring, auditing, or compliance services unless expressly agreed in writing. We are not responsible for identifying issues, risks, deadlines, or obligations outside the scope of your instructions.
2. We are committed to doing our best to ensure that your representation needs are met. You acknowledge that we are not psychologists, counsellors, doctors, or a law firm, and we do not act as lawyers. We act as employment advocates. We will:
a. protect and promote your interests free from compromising influences;
b. discuss your objectives and how they may best be achieved;
c. act competently, with a duty of care, in a timely manner and in accordance with your instructions;
d. explain the work to be done and how services will be provided;
e. protect your privacy and confidentiality;
f. treat you fairly, respectfully, and without discrimination;
g. provide clear information and advice;
h. at times provide professional opinions you may not agree with;
i. keep you informed of progress; and
j. charge fair and reasonable fees and explain billing arrangements.
3. Our fees are set having regard to time, travel, urgency, expertise, importance, complexity, and results achieved. Except where a contingency (no win no fee) arrangement applies, time is recorded in 10-minute increments. Minimum monthly invoice: 1 hour. Minimum charge for meetings or teleconferences: 2 hours. Minimum fee for concluding an exit: $2,500.
4. Accounts are due 7 days from invoice date unless otherwise agreed. Interim invoices may be issued monthly or when credit limits are reached. You remain responsible for payment even where invoices are addressed to a third party.
5. If payment is overdue, we may suspend work and retain your property until paid. Interest may be charged at 13.8% per annum (calculated on a monthly basis) from the date upon which the invoice was issued. You are responsible for all reasonable recovery and collection costs (including but not limited to 30% + GST commission, plus field trip costs).
6. Disbursements may include searches, courier fees, court filing fees, travel costs, and agency fees. We may require advance payment for significant disbursements.
7. Cancellation Fees - Five days’ notice or more: no fee. Twenty-four hours to four days’ notice: 50% of estimated time. Less than twenty-four hours’ notice: 100% of the greater of estimated time or fee charged.
8. Only you may rely on our advice unless we agree otherwise in writing. Advice is opinion only, based on the facts known to us at the time. You are responsible for all final decisions relating to your matter, including whether to accept or reject advice, pursue settlement, proceed to mediation, or withdraw from a process. Our role is advisory and representational only.
9. You may terminate our engagement at any time. We may terminate if you fail to pay invoices, misrepresent or withhold information, ignore advice, a conflict arises, or you abandon your matter.
10. If our engagement ends, you must pay all fees and expenses due. Where a contingency or agreed fee applies, you agree to pay the greater of the agreed fee or fees calculated at $375 + GST per hour plus disbursements for work completed. We may retain your file until payment is made.
11. Employment matters are inherently uncertain. No guarantee is given as to outcomes, timeframes, or costs, including in mediation, settlement negotiations, investigations, or proceedings before the Employment Relations Authority or any other body.
12. If a conflict of interest arises, we will notify you and may cease acting.
13. We will, so far as the law allows, hold in confidence all information concerning you and your affairs, except where disclosure is required to carry out your instructions or by law or professional obligations.
14. Our advice is based on the information you provide. You warrant that all information supplied is accurate, complete, and not misleading. We are not responsible for outcomes affected by incomplete, inaccurate, or late information.
15. You authorise us, so far as the law allow, to collect funds on your behalf including fees, and to deduct our fees before forwarding any balance to you.
16. Electronic communications may not always be secure. We are not liable for loss arising from non-receipt, corruption, or transmission errors.
17. If we are involved in any claim or proceeding relating to the services provided, you agree to indemnify us for reasonable costs and expenses incurred, to the extent permitted by law.
18. You release, discharge, and indemnify us from all liability (including negligence) arising in connection with our representation, to the fullest extent permitted by law.
19. We may require prepayment or security for fees and may debit fees and expenses from prepaid amounts.
20. If we request instructions and do not receive a response within 30 days, we may treat the matter as inactive and close our file without further notice, subject to payment of any outstanding fees.
21. We may hold your file electronically and destroy it six years after completion of the matter unless you retrieve it earlier.
22. We may use artificial intelligence–enabled tools and automated systems to assist with drafting, research, analysis, and issue identification. These tools support, but do not replace, our professional judgment. You authorise us to process information you provide using such tools, including where systems may be located outside New Zealand. We accept no liability for loss arising from reliance on AI-generated content alone.
23. We are not liable for any delay or failure to perform services due to events beyond our reasonable control, including illness, natural disasters, system outages, unavailability of third parties, or regulatory action.
