What is an employment advocate, and how can they help me?

#yourquestionsanswered What is an advocate?

An employment law advocate provides support for employees facing workplace challenges. Whether you're seeking advice, representation, or assistance in resolving disputes, they stand by your side when tensions escalate at work. Advocates are well-versed in the nuances of employment legislation, including the Employment Relations Act 2000, the Holidays Act 2003, and other relevant statutes. They may come from law, HR or business backgrounds but should have strong experience in employment law.

An advocate understands not just the letter of the law, but the lived experience of employment. They can be firm, empathetic, knowledgeable, and committed to helping you navigate the complexities of disputes that arise between employer and employee.

How does an employment advocate differ from practising lawyers?

Aside from their backgrounds, the difference is mainly in the way that they charge. Lawyers with a practising certificate cannot work on a contingency or 'no win, no fee' basis. This means that lawyers charge any hourly rate for all work done as they go.

At Mathews Walker, we work on a no win, no fee basis for most cases. Give us a call to speak with a member of our team.

How can an employment advocate help me?

In practical terms, an employment advocate’s role is to support you, protect your rights, and guide you through the process, whether formal or informal.

They typically specialise in the following:

Legal advice and consultation

Employment law advocates provide individuals with legal advice tailored to their specific situations. Whether an employee seeks clarification on their rights or an employer needs guidance on compliance, an advocate offers expert insights to help navigate the complexities of employment law.

Representation in legal proceedings

If a dispute escalates to a legal proceeding, an employment law advocate can represent individuals in various forums, including negotiations directly with the employer, mediation meetings, and the Employment Relations Authority (ERA). They will present the case, argue legal points, and ensure that their client's rights are protected throughout the legal process.

Employment contract support and negotiation

Employment law advocates can assist in reviewing employment contracts to ensure they comply with legal standards and protect the rights of the parties involved. They may also assist in negotiating contract terms, ensuring fairness and legality.

Redundancy and termination assistance

In cases of redundancy or termination, an employment law advocate can provide advice on the legality of the process, help negotiate severance packages, and ensure that the rights of the affected party are upheld.

Filing of Personal Grievances

In all kinds of employment disputes, employment law advocates can help employees navigate the process of filing a personal grievance against their employer. This is often the first formal step in an employment dispute and has specific processes and deadlines, which an advocate can help guide the affected employee through.

If you’re currently facing an employment dispute and are interested in raising a personal grievance, just give us a call. We can arrange for an employment advocate to support you in the process.

The value of an employment advocate in workplace disputes

When facing a problem with your employment, it can be difficult to know who to turn to for help. You feel like you should be able to address issues by raising them with your manager and/or an HR representative. Sometimes issues are not handled fairly or are too complex to be resolved in this way. This is where an employment advocate can be invaluable.

They provide emotional and practical support

A problem shared is a problem halved and that is certainly the case in an employment dispute. It can be bewildering to find yourself facing unjust dismissal, unexplained demotion, workplace bullying or discrimination.

Engaging an advocate can take the stress off your shoulders while they step in and take on the tough aspects of dispute resolution on your behalf. They can provide emotional support through a stressful time meaning you feel protected and listened to and that your side of the story is being heard and represented.

An advocate will:

• Listen attentively without judgment.

• Help you clarify the key question: What outcome do you actually want? - whether that’s reinstatement, an apology, compensation, or another resolution.

• Arrange practical steps: drafting a timeline of events, gathering documents like emails, performance appraisals, or witness notes.

They translate legislation and legal jargon

Employment law can be difficult for the average employee to understand. Phrases such as unjustified disadvantage, constructive dismissal, and good faith obligations may not immediately make sense.

Advocates navigate the employment resolution system on a regular basis. The extent of their employment law knowledge means they can act as a translator and make sense of the legal jargon, helping you:

• Identify whether your situation fits legal definitions, such as whether you have been unjustifiably dismissed or disadvantaged.

• Understand relevant legislation, especially the Employment Relations Act 2000, and case law that may apply.

• Gauge the viability of your claim. Some disputes are best resolved informally. Others may advance to mediation or a personal grievance. An advocate helps you choose wisely and proceed confidently.

They guide you through the resolution process

Disputes may unfold through several stages: informal discussions and negotiations, grievance procedures, mediation, ERA investigations or even judicial hearings. An employment advocate helps you navigate each step strategically.

Informal Resolution

Often, issues can be settled through a calm, fact-based conversation with your employer, especially with the advocate’s guidance or representation. They can help you reach an agreement with your employer whether that be a repaired relationship or an amicable departure.

Personal Grievance

If needed, you might submit a personal grievance. Here, the advocate ensures all grounds for your grievance are accurately captured, the grievance is submitted within statutory time frames, and your requested remedy is realistic and clearly stated.

Mediation

The ERA frequently recommends mediation as a private, flexible means of resolution. Your advocate will:

• Prepare you to present your case calmly and coherently.

• Facilitate clear, respectful communication between you and your employer.

• Help you evaluate any proposed settlement and understand whether it’s fair, comprehensive, and addresses your core needs.

Employment Relations Authority or Court

If mediation fails, your case may proceed to the ERA or even the Employment Court. An advocate will:

• Assist with filing and clarifying your claim.

• Prepare submissions, statements, and evidence.

• Represent you.

• Stand with you in hearings, where formal argument and careful evidence handling becomes crucial.

They help resolve power imbalance and ensure fairness

Employers, especially those with legal and HR teams, often hold significant power in disputes. An employment advocate helps restore balance. They can:

• Step into negotiations with authority and credibility.

• Counter skewed narratives or procedural unfairness.

• Help prevent coercive settlements or confidential deals that disadvantage you unduly.

• Ensure transparency in how the process is managed, particularly during disciplinary or investigation phases.

Need support with a workplace or employment dispute?

If you are feeling powerless, confused, or anxious about an employment issue, don’t underestimate the power of an advocate.

Mathews Walker Employment Law has a team of advocates skilled and experienced in addressing employment disputes for clients from across New Zealand with employers of different sizes, sectors and industry.

We have countless stories we can share about going into bat against employers behaving unfairly towards their employees. In fact, more than 300 clients have shared their gratitude in a 5 star google review.

If you’re ready to talk, give us a call, or fill out an online form. It’s free, and we're here to listen!