A call to action: a renewed case for regulation of employment advocates
The employment jurisdiction is somewhat unique in that the institutions have historically allowed a special place for lay-advocate representatives. They carry out the same work as lawyers including representing parties in disputes, negotiations and mediations, and at the Employment Relations Authority (Authority), Employment Court and, with special leave, beyond. However, there is no regulatory framework to address issues of concern regarding an advocate’s conduct, competence or complaints. Lawyers are bound by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008 and are subject to complaints and disciplinary mechanisms. When an advocate fails to conduct themselves professionally or competently, it is the client or applicant who is at risk of a poor outcome or even costs and penalties if there is non-compliance with orders of the Authority or Court. Yet employment advocates are not answerable to any professional body.