Client intake checklist, by matter type

Questions for the first conversation

1. What happened, and on what date? If it was a dismissal, the date it took effect and the date the client was told.
2. When did the client first learn of the action they complain about? The notification period runs from the later of the two dates.
3. Was the client told they could bring a support person, and were they given the allegations and the evidence before the meeting?
4. Is there a 90-day trial period clause in the agreement, and did the client sign before their first day?
5. What does the client want: their job back, lost wages, compensation, or an apology and a reference?
6. Has the client worked since, or applied for work? Keep a note of dates and pay.
7. Has anyone already raised the grievance with the employer, in writing or in a meeting?

Documents to collect before the first meeting

• The signed employment agreement, with any variation letters
• The dismissal or outcome letter, and any letter inviting the client to a meeting
• Written warnings and performance notes on the client's file
• Payslips for the last three months, and the final pay
• Texts, emails and messages with the manager about the matter
• The client's own notes of each meeting, written as soon as possible afterwards
• The employer's code of conduct or disciplinary policy, if the client has it

Dates and limits to check

• A personal grievance must be raised with the employer within 90 days beginning with the date the action occurred or came to the client's notice, whichever is later (Employment Relations Act 2000, s 114). For a sexual harassment grievance the period is 12 months.
• Out of time, the employer can agree to a late grievance, or the Authority can grant leave on limited grounds (s 115). Treat the 90th day as the deadline.