Terms of Engagement
Our agreement with you
Please read this agreement before you sign it.
We have tried to use plain language. If anything is not clear, please ask us. We will explain it.
You can have a support person, family member, or interpreter help you at any time. You can also get advice from a lawyer, a community law centre, or the Citizens Advice Bureau before you sign. These terms still apply even if you choose not to.
Key things to know before you sign
We are Principled Limited ("Principled", "we", "us"). Your advocate is Aston Moss.
For most employment disputes we act on a "no win, no fee" basis. If you receive no money, you do not pay our percentage fee.
If you do receive money, our fee is one third (33.33%) of that money, plus GST. The examples in clause 8 show what this means in dollars.
Some fixed fees can apply: a case evaluation fee of up to $500 plus GST at the start, and a base fee of $2,500 plus GST if your case goes to the Employment Relations Authority. We will always tell you about any fee before you have to pay it.
You must not contact your employer (or their representative) about the dispute without talking to us first. This can seriously damage your case and may mean you owe us a fee. See clauses 6 and 15.
You can end this agreement at any time. If we have already done work for you, you may have to pay for that work. Clause 15 explains how much.
• We will do our best for you, but no one can guarantee the result of any dispute.
1. Who we are and what we do
1.1 Principled Limited is a New Zealand employment relations consultancy. Our services include employment dispute advocacy, workplace investigations, mediation, facilitation, and employment relations consulting.
1.2 We are employment advocates and consultants. We are not a law firm and we are not lawyers, so we are not regulated by the New Zealand Law Society. Under New Zealand law you may choose any person to represent you in an employment dispute, including an advocate. We are members of ELINZ, the Employment Law Institute of New Zealand. You are always free to get independent legal advice as well.
1.3 These terms cover all services we provide to you. Clauses 7 to 10 apply to employment dispute advocacy for individual clients. Services for business clients, such as investigations or consulting, are charged at the hourly rate (clause 11) or a quoted fixed fee, and clause 21 also applies to them.
2. Words used in this agreement
2.1 "You" and "your" means the client named at the end of this agreement.
2.2 "Services" means everything we do for you, including advice, strategies, negotiation, representation, and any documents or materials we prepare.
2.3 "Settlement Money" means money the other party pays you (or agrees to pay you) to resolve your employment dispute. It does not include wages or holiday pay that were owed to you anyway and were never part of the dispute.
2.4 "The Authority" means the Employment Relations Authority (ERA). This is the government body that investigates and decides employment disputes that are not resolved at mediation.
2.5 "Working Day" means a day when banks are open in New Zealand. It does not include weekends or public holidays.
2.6 "GST" means goods and services tax, currently 15%. GST is added on top of all our fees. Example: a fee of $100 plus GST means you pay $115 in total.
3. When this agreement starts and how it can change
3.1 This agreement starts when you sign it, or when you ask us to act for you and we agree, whichever happens first.
3.2 Changes to this agreement must be in writing and agreed by both you and us. Only written statements from a director of Principled Limited bind Principled.
3.3 You can sign this agreement electronically. Electronic signatures are legally valid under the Contract and Commercial Law Act 2017.
3.4 We will normally communicate with you by email, phone, and text message, unless you ask us to communicate another way. Electronic communication carries some ordinary risks (for example, delays or messages going to a junk folder), and neither of us is responsible for those risks where we have both acted reasonably.
4. What we will do for you
4.1 We will act as your representative and agent for your employment dispute, within the scope we agree with you.
4.2 We will carry out the Services with reasonable care and skill, and act in your best interests.
4.3 We will keep you informed about important developments in your case, and keep records of the work we do.
4.4 We will tell you in writing before any change to the scope of the Services that would change our fees.
4.5 We cannot guarantee any particular result. Any time estimates we give are honest estimates only, not promises. Employment disputes often depend on other people (the employer, mediators, the Authority) whose timing we do not control.
5. What we need you to do
5.1 You must give us full and true information about your case, including anything that does not help your case. Surprises damage cases.
5.2 You must tell us promptly about anything new that could affect your case, including any contact from your employer or their representative.
5.3 You must keep your contact details up to date and respond to us within a reasonable time.
5.4 You must attend the meetings and mediations that are arranged for your case, or tell us as early as possible if you cannot.
5.5 You understand that if your instructions or requirements change, the work required may change, and our fees may change as described in clause 4.4.
6. Talking to the other party
6.1 Once we are acting for you, all communication about the dispute should go through us. Do not negotiate or discuss the dispute directly with your employer or their representative without talking to us first.
6.2 This rule protects you. Direct contact can weaken your legal position, reduce any settlement, or end the negotiation entirely. It can also affect what you owe us under clause 15.
7. Our fees: overview
7.1 Our fees for employment dispute advocacy are set out in clauses 8 to 11. Before we start, we will confirm with you in writing which basis applies to your case: "no win, no fee" (clause 8) or the hourly rate (clause 11).
7.2 Case evaluation fees. We may charge an evaluation fee of up to $500 plus GST to assess your case. If your case involves a large amount of documents to review before we can decide whether to take it, we may instead quote a fee at our hourly rate for that review, payable in advance. Paying an evaluation fee does not guarantee we will take your case. If we take your case, we will tell you whether it will run on a "no win, no fee" or hourly basis.
7.3 We will never charge you a fee you have not been told about in advance.
8. "No win, no fee" cases (up to and including mediation)
8.1 If we agree to act on a "no win, no fee" basis and your case resolves at or before mediation, our fee is one third (33.33%) of your Settlement Money, plus GST.
8.2 If you receive no Settlement Money, you do not pay the percentage fee. You would still owe any evaluation fee (clause 7.2), agreed expenses (clause 12), and the Authority filing fee if one was paid (clause 9.2).
8.3 The percentage fee applies only to money. If your settlement includes things that are not money, such as an apology, a reference, or an agreed statement, we do not charge a percentage on those things.
8.4 It is our standard practice to seek a contribution from the employer to your costs as part of any settlement. Any such amount is deducted from the overall fee owed by you but is not added to the settlement total. We cannot guarantee that this will be successful but it’s always our desire to avoid you paying for our services and transferring that cost to the employer.
9. If your case goes to the Employment Relations Authority
9.1 Most cases settle at or before mediation. This clause 9 only applies if yours does not.
9.2 Filing fee. If your employer refuses to attend mediation, we may (with your agreement) file an application with the Authority on your behalf. The Authority charges a filing fee, currently $71.55 including GST. This fee is set by the government, may change, and is payable by you. In most cases, the Authority will then direct the employer to attend mediation. We will pay this when we lodge the Statement of Problem and ask you to reimburse us for that expense at the time of the application.
9.3 Advice after mediation. If your case does not settle at mediation, the mediator may give an assessment of its strengths and risks. Separately, we will give you our own honest written advice about your likelihood of success at the Authority, so you can make an informed decision about whether to continue.
9.4 Our decision to continue. We are not obliged to take your case to the Authority. We will only continue on a "no win, no fee" basis if we consider the case has sufficient merit. If we decide not to continue, we will tell you promptly and explain why, and you remain free to take your case to the Authority yourself or with another representative. Time limits apply to Authority claims, and we will tell you what they are.
9.5 Fees for Authority cases. If your case proceeds to an Authority investigation on a "no win, no fee" basis and you receive Settlement Money, our fee is:
(a) a base fee of $2,500 plus GST (unless you have already paid it); plus
(b) one third (33.33%) of your total Settlement Money, plus GST.
9.6 We may ask you to pay the $2,500 base fee (plus GST) before we file your case with the Authority. We will discuss this with you before you are charged anything and before any further steps are taken.
9.7 Costs awarded to you. If the Authority orders the other party to pay a contribution to your costs, that money is applied first toward what you owe us.
10. Asking your employer to pay our fee
10.1 You authorise us to ask the other party to pay our fee, or contribute to it, as part of any settlement. Any amount the other party pays reduces what you owe us, dollar for dollar.
10.2 If the other party agrees to contribute but then does not pay, you agree to reasonably assist us to recover it. If we cannot recover it after reasonable efforts, you are responsible for the unpaid balance and we may invoice you for it.
11. Hourly rate work
11.1 Where we agree to work at an hourly rate (for example, advice not connected to a contingency case, or services for business clients), our rate is $350 plus GST per hour, unless we quote a different rate or a fixed fee in writing.
11.2 On request, we will give you an estimate before starting, and warn you if it looks likely to be exceeded. Estimates are not fixed quotes unless we say so in writing.
12. Expenses
12.1 You will repay our reasonable out-of-pocket expenses for your case, such as filing fees or courier costs. We will get your agreement before incurring any single expense over $100.
13. Paying us
13.1 Percentage fees are payable when you receive your Settlement Money. All other invoices are payable within 7 Working Days of the invoice date.
13.2 GST is added to all fees. You can pay by bank transfer or credit card (a card surcharge applies, which we will disclose before you pay).
13.3 If you are having trouble paying, talk to us as early as possible. We may agree to a payment plan.
14. If an invoice is not paid
14.1 If an invoice is overdue, we will send you a reminder first.
14.2 We may charge interest on overdue amounts at 1% per month (12% per year), calculated as simple interest, from the due date until payment.
14.3 You will repay our reasonable costs of recovering overdue amounts, including collection agency and legal costs.
14.4 If a payment you make is later reversed (for example, a chargeback), the amount remains owing, together with any costs the reversal causes us.
14.5 You authorise us to carry out a credit check if needed, and to give your relevant information to a debt collection agency if an invoice remains unpaid. We will only do this in line with the Privacy Act 2020.
15. Ending this agreement
15.1 You can end this agreement at any time by telling us in writing.
15.2 If you end this agreement (or stop responding to us for 20 Working Days or more) before your case is resolved, you must pay for the work we have actually done, at $350 plus GST per hour. This amount will never be more than the percentage fee that would have applied to the most recent settlement offer in your case (if there was one).
15.3 If a settlement has been negotiated, or is in the final stages of negotiation, and without good reason you withdraw against our advice or settle directly with the other party, our full fee under clause 8 or 9 is payable as if the case had settled at the negotiated or offered amount. This reflects the work already done to reach that point. "Good reason" includes things like serious illness or a significant change in your circumstances.
15.4 We can end this agreement, by written notice with our reasons, if:
(a) you seriously breach these terms;
(b) you give us false, incomplete, or misleading information, or withhold important information;
(c) you act in a way that seriously harms your case, including breaching clause 6;
(d) you are abusive or threatening toward our people;
(e) a conflict of interest arises that we cannot manage; or
(f) we form the honest view, and explain to you why, that your case no longer has sufficient merit to continue.
15.5 If we end this agreement under clause 15.4(f), you pay nothing further beyond fees and expenses already properly incurred. If we end it under clauses 15.4(a) to (e), clause 15.2 applies as if you had ended the agreement.
15.6 If you break a signed settlement agreement, you remain responsible for our fee calculated on the settled amount, and for any costs your breach causes.
16. Confidentiality
16.1 We will keep your information confidential, and you agree to keep confidential our advice, strategies, and materials. Neither of us will disclose them without the other’s written consent, except to professional advisers, or where the law requires, or where the information is already public.
16.2 Settlement agreements almost always contain their own confidentiality terms. If you breach those terms you may lose money or face a penalty under the settlement itself. We will explain any confidentiality terms before you sign a settlement.
16.3 These obligations continue after this agreement ends.
17. Your privacy and personal information
17.1 We collect and handle your personal information in line with the Privacy Act 2020.
17.2 We collect your identity details (including date of birth and driver licence number) to confirm who we are acting for, and your case information to provide the Services.
17.3 We only share your information where needed for your case (for example, with the other party’s representative, mediation services, or the Authority), where you authorise it, where clause 14.5 applies, or where the law requires.
17.4 You can ask at any time to see the personal information we hold about you, and ask us to correct it.
18. Documents and materials we create
18.1 We keep the copyright in the templates, precedents, and materials we create. You may use the documents we prepare for you for the purposes of your own case. Any other use needs our written permission.
19. Our responsibility to you
19.1 We will act as a faithful adviser to you and carry out the Services with reasonable care and skill.
19.2 If you are an individual client, the Consumer Guarantees Act 1993 applies to our Services. Nothing in this agreement limits or removes your rights under that Act, or any other rights the law says cannot be limited.
19.3 Subject to clause 19.2, and to the maximum extent the law allows: our total liability to you in connection with the Services is limited to the total fees you have paid us for the matter concerned; and we are not liable for indirect or consequential loss, or for the decisions or actions of the other party, mediators, the Authority, or any court.
19.4 You confirm you have had the opportunity to get independent advice before signing this agreement.
20. If you have a concern or complaint
20.1 If you are unhappy with our service, please tell us. Raise it first with your advocate. If it is not resolved, ask for it to be reviewed by a director of Principled Limited, who will respond within 10 Working Days.
20.2 If we still cannot resolve it, both of us agree to try mediation before starting any formal proceedings. Nothing in this clause stops you from going to the Disputes Tribunal or a court.
21. Commercial clients
21.1 This clause applies only where you acquire the Services in trade, for business purposes (for example, workplace investigations or consulting engaged by an employer). It does not apply to individual clients.
21.2 Where clause 21.1 applies, you and we agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply, to the extent the law permits, and both of us confirm it is fair and reasonable to agree this.
22. General legal terms
22.1 If part of this agreement is found to be invalid, the rest still applies.
22.2 This agreement is governed by New Zealand law.
22.3 Neither of us is responsible for delays or failures caused by events outside our reasonable control.
22.4 This agreement, together with any written engagement letter or fee confirmation we give you, is the whole agreement between us. It does not take away any rights the law gives you that cannot be taken away.
22.5 Notices may be given in person, by email or by post to the address provided.
22.6 Neither of us may transfer this agreement to someone else without the other’s written consent.
Your acknowledgement
By agreeing to our terms, you will be confirming that:
• you have had time to read this agreement, or have had it read and explained to you;
• you were able to ask questions, and to use a support person or interpreter if you wanted one;
• you know you could get independent advice before signing;
• you agree to these terms; and
• you have been given a copy of the agreement to keep.