Terms and Conditions | Working for Workers

-= WEBSITE TERMS CONDITIONS =-

The following are the terms and conditions of the website:

NO PERSONALISED ADVICE

The information provided and services described in this website are of a general nature and are not intended to be personalised legal advice to a any person. The information provided in this website is not intended to be a substitute for professional advice. You may seek appropriate personalised legal advice from a qualified professional to suit your individual circumstances. Working For Workers Limited (WFW) is able to provide this service by consultation.

Nothing in this site is, or should be taken as, an offer, invitation or recommendation to take any course of behaviour without first obtaining professional advice regarding its appropriateness to your personal circumstances. WFW is able to provide this advice by consultation.

NO WARRANTIES

While every effort is made to ensure the information on this website is up-to-date and correct, WFW makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, suitability or availability of the website or the information about the products and services provided on the website. The information on this website is subject to change at any time. WFW is under no obligation to update any information on this website or correct any errors in the information after it is published on the website. Any reference on this website to historical information and performance of a product or service may not necessarily be a good guide to future performance. The website visitor and the subscriber are solely responsible for any actions you take or do not take by relying on such information.

LIABILITY

To the full extent legally allowable the directors, contractors, associates and staff of WFW, expressly disclaim all and any liability and responsibility to any person in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this website. The disclaimers and limitations of liability do not prejudice your rights under the Consumer Guarantees Act 1993, nor are they intended to exclude liability arising under statute.

SECURITY AND PRIVACY

Although WFW regularly updates its virus protection software, it does not warrant that the server that makes the information and contents of this website available is free of viruses or bugs. The website visitor and the subscriber acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the correct display and/or presentation of any material contained on this website.

Any personal information a subscriber or website visitor provide to WFW will be used to provide information that are requested by the subscriber or website visitor will be retained by WFW to provide the subscriber or website visitor with further information about our services.

The subscriber or website visitor is an individual and has rights of access to and correction of personal information that is held about them. If you would like to access, correct and/or change the information collected at any time, please contact WFW directly.

LINKED WEBSITES

Through this website you may be able to link to other websites which are not under the control of WFW. WFW has no knowledge of or control over the nature, content, and availability of those websites. WFW does not sponsor, recommend, or endorse anything contained on these linked websites. WFW does not accept any liability of any description for any loss suffered by the subscriber or website visitor by relying on anything contained or not contained on these linked websites.

Every effort is made to keep the website up and running smoothly. However, WFW takes no responsibility for, and will not be liable for, any loss you may suffer due to the website being temporarily unavailable either during its planned maintenance or due to technical or other issues beyond WFW control.

Most materials on this website are protected by copyright and intellectual property laws and are the property of WFW. The website may also contain a number of trademarks, logos and symbols which are either owned by WFW or used with the approval of the respective trademark, logo, symbol owner. Nothing on the website should be construed as granting any licence to use any trade mark without the permission of the trade mark owner. Any material on this website that is identified as being subject to copyright of a third party, authorisation to use or reproduce such material must be obtained from that third party. Unless stated otherwise, the subscriber or website visitor may access and download the materials located on this website only for personal, non-commercial use.

NEW ZEALAND JURISDICTION ONLY

The information published on this website is governed by,and has been prepared to comply with New Zealand law. The information is only intended for persons within the New Zealand jurisdiction and is not intended for persons outside the New Zealand jurisdiction. WFW does not accept responsibility for the compliance of this information with the laws of any other country. The laws of New Zealand shall govern your use of the website and by visiting this website you hereby agree to submit to the exclusive jurisdiction of the New Zealand courts.

-= SUBSCRIPTIONS =-

The subscriber of any plan acknowledges that their contribution paid by way of subscription is to support the growth, development, and goals of Working for Workers Limited (WFW) and its subscribers, including the subscriber.

Where advocacy, representation, advice and support are sought by the subscriber from WFW, the following applies:

THE SUBSCRIBER AGREES TO PROVIDE THE AUTHORITY TO ACT AND REQUIRED INFORMATION:

The subscriber authorises WFW, and representatives thereof to act on my behalf and provide representation on matters pursuant to s.236 of the Employment of the Employment Relations Act 2000 and acts of situational relevance where representation is sought by the subscriber. For avoidance of doubt, the subscriber gives WFW, and representatives thereof to:

Act as the subscriber's agent and representative pursuant to section 236 of the Employment Relations Act 2000; and
Have access to, and copies of information held by any legal person (state, company, individual, corporation, or other) in all matters relevant to the subscriber's employment; and
Act as the subscribers agent and representative when interacting with any legal person (state, company, individual, corporation, or other) in matters relevant to other subsequent acts of employment such as: The Employment Relations Act, The Accident Compensation Act 2001, The Support Workers (Pay Equity) Settlements Act 2017, The Equal Pay Act 1972, The Holidays Act 2003, The Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016, The Human Rights Act 1993, The Minimum Wage Act 1983, The Parental Leave and Employment Protection Act 1987, The Policing Act 2008, The Public Service Act 2020, and The Wages Protection Act 1983; and
The subscriber expects that access to information held by any legal person (state, company, individual, corporation, or other) is provided to WFW, and representatives thereof, even if said information is held in accordance with the Privacy Act 2020, or the Official Information Act 1983.

THE SUBSCRIBER AGREES TO THE COSTS AND INFORMATION ARRANGEMENT FOR CASEWORK:

The subscriber nominates WFW as their official representative under the Employment Relations Act 2000. WFW will represent you to the best of our ability, up to and including mediation. If WFW take your case beyond mediation to the Employment Relations Authority, WFW will need to agree to a new representation agreement with you.

In the event of an individual matter that requires meetings with the subscriber's employer outside of mediation, or, meetings in person with a WFW representative, the subscriber agrees to pay the relevant alternative case work deposit fee to construct and raise the matter with your employer.

The subscriber also agrees to sign up to the subscription service by purchasing the join-the-fight plan and this amount will be less any subscription amount contributed up to the time of the engagement.

The subscriber will provide information and assistance as reasonably required by WFW to help the subscribers case. This includes the subscriber agreeing not to directly engage with their employer and informing WFW if the employer does try to or do contact the subscriber. If the subscriber deliberately withholds information from WFW; or engages in conduct that may seriously impact the subscriber's case; or if the subscriber refuses to follow reasonable advice, WFW may withdraw from the subscriber's case. The subscriber will not receive any refund and the subscriber will be liable for any work done by WFW up to that point.

If the matter is concluded by way of record of settlement, WFW shall seek their representation costs from the employer where possible.

If the subscriber receives settlement money pursuant to s.123(c)(i) and (ii) of the Employment Relations Act 2000, the subscriber agrees to pay ten percent (10%) of any settlement amount and any costs to Working for Workers Limited.

Any changes to this agreement will only be made in writing and agreed to by the subscriber and the WFW representative.

SUBSCRIBERS AGREES TO THE ARRANGEMENT FOR SITE AGREEMENT OR FAIR PAY AGREEMENT (FPA) AND ANY OTHER ORGANISING WORK (DESIRED OUTCOME BY AGREEMENT)

WFW will represent its subscribers to the best of WFW's ability. If WFW are successful in establishing an employment agreement the subscriber agrees to continue the subscription arrangement.

The subscriber will provide information and assistance as reasonably required by WFW to help WFW achieve the desired outcome. This includes the subscriber agreeing not to directly engage with the employer and informing WFW if the employer tries to or do contact the subscriber on matters relevant to, or that could affect the desired outcome.

If the subscriber deliberately withholds information from WFW; or engages in conduct that may seriously impact the desired outcome; or if the subscriber refuses to follow reasonable advice, WFW may withdraw its assistance to the subscriber.

If assistance is withdrawn by WFW, the subscriber will not receive any refund and WFW are liable for and any work done by WFW up to that point.

WFW shall seek their representation costs from the employer where possible.

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