We are all consumers one way or the other.  Consumer protection laws cover many areas of business from simple agreements to complex transactions.  It is the same with getting good employment
law advice.  A failure to get good advice can dramatically affect the outcome of a dispute and add to the risks.  In a recent media article there was concern raised about what was described as ‘the dirty little industry that has grown up around the Employment Relations Authority process, an industry that lacks any form of ethics’.  The criticism was directed at lay advocates and employment consultants.

Having competent and ethical employment law advisers is crucial to accessing the justice system for disenfranchised individuals and employers.  There is a long history in New Zealand which allows for lay advocates including union representatives (who are not lawyers) to appear in the employment institutions and represent claimants.  A major concern is that when people or employers are in trouble and are looking for support or a representative, they do not appreciate that ‘employment law specialist’ does not necessarily mean they are a lawyer.  Another concern is the industry is not regulated and lay advocates and consultants are not bound to act ethically because they are not on the roll of barristers and solicitors.  Lawyers are regulated and are subject to a code of conduct and complaints process.  Likewise unions are bound by incorporated society rules, specific requirements in the Employment Relations Act 2000 and their own rules, which must be registered.  While lawyers and unions have complaints processes, other lay advocates and consultants do not.

The Employment Law Institute of New Zealand Inc. (ELINZ) was founded in 1995 to promote and enhance professional standards of employment law advocacy.  Its membership consists of barristers sole, practicing barristers and solicitors, enrolled barristers and solicitors, advocates, consultants, arbitrators and mediators.  Members are experienced employment law practitioners who represent both employees and employers, and further the interests of consumers.  Where clients are looking for employment law expertise, they should ensure their selection process is robust and they are engaging members of the Institute so they can be assured of ethical representation.  The ongoing collaboration of employment law advocates, union representatives and the legal profession is paramount to the successful resolution of many employment disputes.