Fee Structure of Contingency Fees – No Win- No Fee
Most of our cases are undertaken under a contingency or “no win no fee” basis. In simple terms, this means that if we do any work for you and we are not able to achieve a successful result (ie you end up in the same position as you were in at the stage our company became involved in the case) – then there will be no charge for the services we have provided. However, if we do any work for you and do achieve a successful result (i.e. you end up in a better position than you were in at the stage our company became involved in the case) – then there will be a charge for the services we have provided.
Non Contingency Fees (Time and Attendance fees)
We also offer non-contingency fee services such as representation at disciplinary or investigation meetings or for situations where a financial outcome is not being sought and our fee for this service is $300 + GST per hour.
Cost Structure of Fees
- For “no win – no fee” cases that are resolved up to and including mediation level – our fees are 33% (1/3) of any financial settlement achieved. Please note: We always attempt to get a contribution to costs paid by the employer that will offset your fees.
- The only additional fees that may apply would be in the case of an employer refusing to attend mediation. At that point, we would have to file your case with the Employment Relations Authority. The application fee required by the Authority is $71.56 (including GST). Employers will, at this point, be directed to mediation.
- If your case is not resolved during mediation, your advocate and the mediator will discuss taking your case to the Employment Relations Authority. The mediator will work through a risk analysis of your case, pointing out the strengths and potential risks; (this is part of the mediator’s role). Your advocate will also provide you with independent advice on the likelihood of your case being successfully resolved at the Employment Relations Authority, enabling you to make an informed decision on whether to proceed to the next stage.
- In some cases, there may be an extraordinary amount of work or work that falls outside the usual scope of a case; this could include a large amount of documentation to sift through, gathering and tracking witnesses for statements, several overseas calls or travel etc. Work outside the usual scope may be charged on a quoted hourly rate basis. We shall advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside the agreed scope. The agreed scope includes (but is not limited to) separate charges for courier fees, photocopying, telephone calls, facsimile charges, postage, forms, etc. Upon request, we will provide you with a written estimate of the likely amount of further costs.