Terms of Engagement

Employment Matters Sorted is an independent employment advocacy service. It is not a law firm, and does not practise as barristers or solicitors. Unless expressly agreed otherwise in writing, services are provided as advocacy, case-readiness, negotiation, mediation support, representation, and related employment relationship problem-solving services.

By instructing Employment Matters Sorted to act, or by accepting services after these terms are provided, the client agrees to these Terms of Engagement together with any specific fee arrangement, authority to act, or engagement confirmation provided for the matter.

1. Services

Employment Matters Sorted provides services including:

• Initial case review and assessment.
• Review of documents, timelines, and factual background.
• Advice on process, risks, options, and practical next steps.
• Preparation for discussions, negotiations, and mediation.
• Drafting of communications, settlement material, or related documents.
• Advocacy and representation in employment relationship matters where agreed.
• Referral to, or coordination with, lawyers, barristers, or other professionals where appropriate and authorised.

Services are limited to the scope agreed for each matter. Employment Matters Sorted may decline to act, limit the scope of work, or require a separate written arrangement for more extensive or ongoing work.

2. No law firm relationship

Employment Matters Sorted provides independent employment advocacy services and does not hold itself out as a law firm, barrister, or solicitor practice.

Unless expressly stated in writing, engagement with Employment Matters Sorted does not create a solicitor-client relationship, and no statement on the website should be read as representing that legal services are being provided by a practising lawyer.

Where a matter requires legal services, court filing, specialist legal advice, or another professional service outside the agreed scope, the client may be referred to an appropriate lawyer, barrister, or other adviser.

3. Initial enquiries and case checks

Submitting a website form, completing a case check, or making initial contact does not by itself create an obligation for Employment Matters Sorted to act for a person.

An engagement begins only when Employment Matters Sorted confirms that it is prepared to act and, where required, the client accepts the proposed scope, fee arrangement, and any authority to act.

Employment Matters Sorted may decline to accept a matter for any reason, including capacity, suitability, conflict concerns, merits, urgency, missing information, or inability to agree on terms.

4. Client responsibilities

The client agrees to:

• Provide complete, accurate, and timely information.
• Provide relevant documents and evidence as requested.
• Disclose important dates, deadlines, meetings, and communications promptly.
• Respond to requests for instructions within a reasonable time.
• Review draft documents and advice carefully.
• Not mislead Employment Matters Sorted or withhold information that may affect the matter.
• Pay fees, disbursements, and other charges in accordance with the agreed arrangement.

Employment matters can involve strict limitation periods, including personal grievance time limits. Employment Matters Sorted relies on the client to provide correct and timely information about dates and events.

5. Authority to act

Employment Matters Sorted will not contact an employer, employer representative, mediator, authority, court, or other third party on the client’s behalf until authority to act has been agreed, unless the client has otherwise expressly authorised a limited step in writing.

Authority may be limited to a particular stage or task, and may be withdrawn by the client at any time, subject to payment obligations for work already completed and any commitments already made on the client’s instructions.

6. Fees and charging options

Fees and charging arrangements will be confirmed for each matter. Depending on the matter, Employment Matters Sorted may offer one or more of the following:

• A free initial case check or consultation.
• A fixed fee for a defined stage of work.
• An hourly rate arrangement.
• A staged fee arrangement.
• A success-based or contingency-style fee arrangement where legally permitted and expressly agreed.
• Another written arrangement tailored to the matter.

Any statement on the website referring to “No Win, No Fee” or similar wording is subject to individual case assessment, qualification criteria, and a separate written agreement.

No “No Win, No Fee” arrangement applies unless it has been expressly confirmed in writing. Employment Matters Sorted may decide, in its discretion, whether a matter is suitable for such an arrangement.

7. Estimates and no guarantee of outcome

Any estimate of likely fees, likely timeframes, potential recovery, or prospects of success is an estimate only and not a guarantee.

Past outcomes, settlement statistics, examples, testimonials, or previous experience do not guarantee the same or similar result in any future matter.

Employment disputes depend on their facts, the available evidence, the conduct of the parties, legal issues, the approach of mediators or decision-makers, and many other variables outside Employment Matters Sorted’s control.

8. Invoices and payment

Unless another arrangement has been agreed in writing:

• Invoices are payable within 7 days of issue.
• Employment Matters Sorted may require payment in advance, a retainer, or stage payments before work is started or continued.
• Work may be paused if invoices are overdue or requested payments are not made.
• The client is responsible for bank fees, transaction fees, debt recovery costs, and legal costs reasonably incurred in recovering unpaid amounts.

Employment Matters Sorted may apply interest to overdue amounts where permitted by law and where the applicable rate or method has been notified in writing before or at the time of invoicing.

9. Disbursements and third-party costs

In addition to professional fees, the client may be responsible for disbursements and third-party costs incurred for the matter. These may include filing fees, mediation fees, barrister fees, courier costs, travel costs, specialist reports, transcription, service fees, or other out-of-pocket expenses reasonably incurred on the client’s behalf.

Where practical, significant third-party costs will be discussed with the client before they are incurred. Employment Matters Sorted may require advance payment for some disbursements or third-party costs.

10. Communication and instructions

Employment Matters Sorted may communicate with the client by phone, email, text message, video meeting, or other agreed methods. The client is responsible for ensuring contact details remain current and for checking communications promptly.

Employment Matters Sorted may rely on communications and instructions reasonably believed to come from the client or an authorised person.

11. Confidentiality

Employment Matters Sorted will keep client information confidential and will not disclose it except:

• As authorised by the client.
• As reasonably necessary to provide the agreed services.
• To lawyers, barristers, mediators, experts, contractors, or service providers involved in the matter or business operations, on a confidential basis where appropriate.
• Where required or permitted by law.

Further information about collection, use, storage, and disclosure of personal information is set out in the Privacy Policy.

12. Privacy and personal information

The client authorises Employment Matters Sorted to collect, use, store, and disclose personal information for the purposes of assessing, managing, and progressing the matter, administering the engagement, meeting legal obligations, and operating the business.

The Privacy Policy on the website forms part of the information provided about how personal information is handled and should be read together with these terms.

13. Documents and records

The client is responsible for retaining original documents unless otherwise agreed. Employment Matters Sorted may keep electronic or physical records of the matter for a reasonable period after the engagement ends, and may destroy or delete records after that period in accordance with normal record management practices, subject to legal obligations or good reason to retain them longer.

The client should keep copies of key documents, correspondence, and settlement records.

14. Use of third parties

Employment Matters Sorted may engage or recommend third parties where reasonably necessary for the matter, including lawyers, barristers, mediators, investigators, experts, or administrative service providers.

Unless expressly agreed otherwise, Employment Matters Sorted is not responsible for the acts, omissions, or independent advice of third-party providers engaged directly by the client.

15. Settlement authority

Employment Matters Sorted will not finalise a settlement on the client’s behalf unless the client has authorised the settlement terms. The client remains responsible for deciding whether to accept or reject any proposed resolution.

Where urgent instructions cannot be obtained, Employment Matters Sorted may take reasonable procedural steps to protect the client’s position, but will not commit the client to substantive settlement terms without authority.

16. Ending the engagement

The client may end the engagement at any time by notifying Employment Matters Sorted. Employment Matters Sorted may end the engagement, or decline to continue acting, where there is good reason, including:

• Non-payment.
• Failure to provide instructions.
• Loss of trust or cooperation.
• Conflict issues.
• Inappropriate conduct.
• The matter no longer being suitable for the agreed arrangement.
• Any other reasonable basis for withdrawal.

Ending the engagement does not affect the client’s obligation to pay for work already completed or costs already incurred.

17. Limitation of responsibility

To the extent permitted by law, Employment Matters Sorted is not liable for indirect, consequential, or special loss, loss of opportunity, or loss arising from inaccurate, incomplete, or late information supplied by the client or third parties.

Any liability in connection with the engagement is limited to the amount of fees actually paid by the client for the specific matter giving rise to the claim, to the extent such a limitation is lawful and reasonable in the circumstances.

Nothing in these terms limits any rights or remedies that cannot legally be excluded under New Zealand law.

18. Website information and general content

Information on the Employment Matters Sorted website is general in nature and is not a substitute for advice tailored to a person’s particular circumstances.

Website content may summarise employment law concepts, common issues, and likely processes, but each matter depends on its own facts and should be individually assessed.

19. Complaints and concerns

If a client has a concern about the service provided, the concern should first be raised directly with Employment Matters Sorted so it can be reviewed and, where possible, resolved promptly.

Complaints should be made in writing where practical and should include enough detail to allow the issue to be assessed.

20. Changes to these terms

Employment Matters Sorted may update these Terms of Engagement from time to time. Updated terms may be published on the website and may apply to future engagements or future stages of work, unless a different arrangement is agreed in writing.

The version of the terms current at the start of an engagement, together with any specific written variation for that matter, will generally apply to that engagement unless otherwise agreed.

21. Governing law

These terms, and any dispute concerning the engagement or services provided, are governed by New Zealand law, and New Zealand courts and tribunals have jurisdiction in relation to them.