The unvaccinated border workers need your help to progress their claim to the Employment Court. Can you help?
Canterbury
You may have seen the media coverage on the unvaccinated border workers who have had their employment terminated for exercising their right to refuse the COVID-19 vaccination: I am their representative.
We are seeking to push this matter to the Employment Court: to provide New Zealand employees and employers with the certainty they deserve.
However, these employees are concerned that, if they are unsuccessful in pursuing their claim, they will be liable to pay a contribution towards the employer's legal fees; which could be between $20,000 - $30,000.
In my representation, in this situation, I would argue that this is a "test case" which should not attract any cost liability. However, this is an argument and not a guaranteed position.
We are therefore crowdfunding.
Not only do I want to provide a "safety net" for these clients, but my clients would like to be able to ensure that I am paid fairly for my representation. I have taken this case with no upfront fees required, and I will only be entitled to costs as ordered by the Court if successful (however, the employer may similarly argue that this is a "test case" and are not required to contribute towards legal fees). My clients want to ensure that I am able to continue to represent them in their claims without concerns of my own financial situation.
Therefore, the funds will be used as follows:
- Firstly, to cover all Court costs and representation disbursements (including travel and accommodation to the relevant Court).
- Secondly, to contribute towards the employer's legal fees if required by the Employment Court.
- Thirdly, to contribute towards their legal fees.
- Fourthly, to contribute towards the legal fees of any other unvaccinated worker who has sought my representation.
Thank you for your support.
The funds will be used to cover all Court costs, disbursements, towards the legal fees of the employer (if ordered), and towards the Border Workers' representation fees.
GF at the Employment Court 24 September 2021
** GF is challenging the Employment Relations Authority decision of GF v New Zealand Customs Service to the Employment Court **
GF is now receiving legal aid for the Employment Court proceedings, which means I am not able to receive additional payment for those services: to be safe and to avoid confusion, I am closing this Givealittle. I will not compromise GF's legal aid position.
Your donations have significantly helped. They paid for all fees and disbursements relating to the proceedings at the Employment Relations Authority and at the High Court. I have worked pro-bono, but at least I haven't been 'out of pocket', with the Givealittle paying for my flights, accommodation and other travel costs.
There is the matter of costs at the ERA (as GF was not successful): however, if there is any decision, it will be 'stayed' until the conclusion of the Employment Court.
If you want to contribute to the vaccination-related work I'm doing, generally, please contact me: ashleigh.the.advocate@legalAF.co.nz
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