Updated: Jun 4, 2020
Dealing with an employment dispute or personal grievance can be tough. It makes sense to have an experienced representative to support you. We know the rights and obligations of everyone involved so can provide sound advice, keep interactions professional and can identify and negotiate the best possible outcome for you. But what is the cost?
‘No win, no fee’
Many employment advocates advertise ‘no win, no fee’. What this means is that they will not charge for their help unless they get a pay-out from the negotiations, in which case they will take a percentage. On the surface this may seem like a good deal however there are pitfalls to this pricing structure:
The percentage they take is high - it is often upwards of 30% of the settlement plus GST. Receiving only two thirds of your pay-out may seem better than nothing when you’re starting out, but it is money that is supposed to be compensating you – the victim – and can be heart-breaking to have to lose out on when you’ve endured so much. Also, they wouldn’t have taken you on as a client unless they were certain you would receive a pay-out, so it’s likely you have a strong case and should expect compensation anyway.
Some advocates may drag out issues and push for more formal proceedings than are necessary in order to get a higher pay-out (and therefore increase their own fees). This is often not necessary and not in the best interest of the client. The longer the dispute takes to resolve, the more prolonged the stress is for everyone.
In contrast to no win, no fee, if you're an employer some employment advocates charge ongoing subscription fees and lock you into a contract. This may seem like a cost-saver in terms of getting 'unlimited' support, however when it comes to resolving disputes, they aren't necessarily representing your best interests as they get paid the same subscription fee whether they get the best outcome or not. Unfortunately these advocates are not going to be as motivated to put in the time required and this may lead to the suggestion that you settle with the other side for more money than you should.
Is there a better way?
In short, yes. At bossed Employment Representatives we start by giving you a free consultation, to discuss the options for resolving your case and the likelihood of success. If bossed goes on to represent you in the dispute our pricing structure is as follows: