When the stakes are high, process matters
You’ve got an employee situation that’s keeping you up at night. Maybe it’s a grievance claim landing in your inbox. Maybe it’s a workplace complaint that needs investigating. Maybe it’s a restructure you know needs to happen but you’re not sure how to do it without ending up in the Employment Relations Authority.
Employment relations issues are stressful, time-sensitive, and unforgiving of mistakes. A misstep in process can turn a defensible position into a costly payout. A poorly handled investigation can expose you to further claims. A rushed restructure can unravel months later.
You need someone who’s done this before. Someone who knows the law, understands the process, and can guide you through it step by step.
She thought she was doing the right thing by letting him go
Rebecca ran a busy accounting practice with 25 staff. One of her senior accountants had become increasingly difficult: missing deadlines, snapping at junior staff, refusing to follow new processes. After months of frustration, Rebecca called him into her office and told him it wasn’t working out. She gave him four weeks’ notice and thought that was the end of it. Three weeks later, a personal grievance claim arrived. Unjustified dismissal. The employee was seeking $35,000 in compensation plus lost wages.
Rebecca was blindsided. “He was terrible at his job. Everyone knew it. I thought I was well within my rights to let him go.”
She was right about the performance issues. She was wrong about the process. There had been no formal warnings. No documented performance conversations. No improvement plan. No opportunity for the employee to respond before the decision was made.
When Rebecca came to us, the damage was largely done, but we helped her understand her options and worked with her through mediation to reach a settlement that, while painful, avoided the cost and stress of an Employment Relations Authority hearing.
More importantly, we put systems in place so it would never happen again: a clear performance management process, manager training on having difficult conversations, and documentation templates that protect the business when things go wrong.
“I learned an expensive lesson,” Rebecca said. “But at least now I know what I’m doing. And I’ve got someone to call before I make decisions, not after.”
Good decisions still need good process
In New Zealand employment law, being right about a problem doesn’t protect you from a personal grievance. What matters is whether your actions were justified, both substantively (did you have a genuine reason?) and procedurally (did you follow a fair process?).
The Employment Relations Authority sees case after case where employers had legitimate concerns about an employee’s performance, behaviour, or conduct, but still lost the grievance claim because they skipped steps, rushed the process, or failed to give the employee a fair hearing.
The average compensation award for an unjustified dismissal claim sits around $12,000, but awards can climb much higher when the process has been particularly poor or the impact on the employee significant. Add lost wages, legal costs, and the time you spend dealing with the claim, and a single grievance can easily cost a business $30,000 to $50,000 or more.
That’s before you factor in the stress, the distraction from running your business, and the impact on your team.
The good news: most of this is avoidable. Fair process protects you. Documentation protects you. Getting advice before you act protects you.
Employment Relations Support
When a grievance lands, every step matters. Get clear advice before it becomes costly.
Fair, defensible processes for misconduct and serious misconduct. No shortcuts. No surprises.
Unions are a legitimate part of the New Zealand employment landscape. Knowing how to work with them protects your business.
Independent, fair investigations that stand up to scrutiny — and protect everyone involved.
Restructuring is your right as an employer. How you do it determines whether it’s lawful.
Managing underperformance is one of the hardest parts of running a business. Done well, it can turn things around. Done poorly, it creates legal risk.
Sometimes relationships break down and you need a neutral third party to help find a resolution.
Before you act:
· You’re considering dismissing an employee
· You need to address serious performance issues
· You’re planning a restructure
· A workplace complaint has been raised
· You’re unsure whether something is misconduct
When something has happened:
· You’ve received a personal grievance claim
· A formal complaint has been made against a manager or employee
· An employee is threatening legal action
· The Employment Relations Authority has been in touch
When you want to get ahead of problems:
· You want to put proper processes in place before you need them
· Your managers need training on handling ER issues
· Your documentation needs reviewing
The earlier you get advice, the more options you have. A 15-minute conversation before you act can save you months of stress and tens of thousands of dollars.
You should call us when...
Expert support when you need it most
Our employment relations services are charged at $275 + GST per hour.
Employment relations matters vary significantly in complexity. A straightforward disciplinary process might take a few hours of support. A complex restructure or contested grievance can require substantial time. We’ll give you a realistic estimate of likely costs upfront, and we’ll keep you informed as matters progress.
What to expect:
· Same-day response for urgent matters
· Clear, practical advice (not legal jargon)
· Step-by-step guidance through processes
· Documentation and correspondence support
· Representation at meetings and mediation
We’re not employment lawyers, and complex matters may require legal advice. We work alongside several excellent employment law firms and can refer you when legal representation is needed.
Your Questions, Answered
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HR consultants like OnPoint provide practical guidance on employment processes, help you manage situations correctly, and can represent you at mediation. Employment lawyers provide formal legal advice, can represent you in the Employment Relations Authority and Employment Court, and handle complex legal matters. For most day-to-day employment relations issues, an experienced HR consultant is the right first call. We’ll tell you when you need a lawyer.
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We prioritise urgent employment relations matters. For grievance claims, disciplinary situations, or time-sensitive issues, we typically respond the same day and can often provide initial guidance within hours.
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Yes. We regularly support and represent employers at mediation through the Ministry of Business, Innovation and Employment’s mediation service. Having experienced support at mediation often leads to better outcomes.
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Many employers come to us after something has gone wrong. While we can’t undo what’s happened, we can help you understand your options, manage the situation from here, and put systems in place to prevent similar issues in future.
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Our focus is on supporting employers. We understand the challenges business owners face and provide advice from that perspective. If you’re an employee with a workplace issue, we’d recommend contacting an employment advocate or Community Law Centre.
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It varies significantly depending on complexity and whether the matter settles at mediation or proceeds to the Authority. Simple matters that settle at mediation might cost $2,000 to $5,000 in consultant fees. Contested matters that go to the Authority can cost significantly more. We’ll give you realistic estimates based on the specifics of your situation.
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For minor issues, possibly. For anything involving potential dismissal, serious misconduct, restructuring, or formal complaints, getting advice early is almost always worthwhile. The cost of getting it wrong is typically far higher than the cost of getting it right.
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We’re based in Auckland but support businesses throughout New Zealand. Employment relations consulting works well remotely, and we can attend mediation in person when needed.