The Law Association of New Zealand is forming a working group to develop a regulatory framework for employment advocates, an industry that has operated without mandatory oversight since the Employment Relations Act came into force 26 years ago.
The initiative is led by The Law Association’s Employment Law Committee. It will bring together advocates, unions, and other sector stakeholders to agree on a framework the working group intends to put to ministers and MBIE for action.
Employment Law Committee convenor Catherine Stewart said the case for reform was long overdue.
“This is an area that’s been crying out for legislative reform for the last 26 years, since the Employment Relations Act came into force. In the meantime, a widespread industry of advocates has developed, which has ballooned and is essentially self-governing. It’s unmanaged, it’s unfettered.”
The Employment Relations Act contains no requirement for advocates to hold relevant qualifications, experience or training. Anyone can represent employees or employers in employment disputes without meeting any mandatory professional standard.
“Anyone can call themselves an employment advocate. There’s a loophole in the Employment Relations Act which leaves the public exposed,” Stewart said.
“There are long-standing concerns about quality of service, overcharging and the poor conduct of some advocates. The public is commonly confused and they don’t understand that their representative is not a lawyer. There have been...
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