Service

Employment

Summary

We assist employers and individuals on all employment-related matters, providing practical legal advice and the support they need to succeed. Our team works closely with clients to understand their objectives and deliver good outcomes, keeping them up to date with the ever-changing legislation.

Key services

Employment agreements and policies

Drafting, amending and reviewing employment agreements and policies to ensure they are up to date with current legislation and in line with recommended best practice, including advising on fixed term and casual agreements, executive remuneration, incentive/bonus schemes and restraint of trade clauses.

Mediation

Representing employers and individuals at every stage of the dispute resolution process, including mediation, Employment Relations Authority hearings and Employment Court, including claims relating to discrimination and privacy.

Exit packages

Helping clients set up exit discussions and negotiate an exit package, which is sometimes the most pragmatic and commercial solution for both employers and employees and can be implemented through a settlement agreement.

Managing poor performance and long-term illness

Assisting clients with employees who are not meeting performance expectations, including when and how to initiate a performance management process and next steps when the employee fails to meet the standards required. We also advise on procedures to address long term or persistent absenteeism.

Personal grievance

Providing advice in both raising and responding to personal grievances including the different grounds for personal grievances, what to do when you receive one and considering the risk factors.

Restructuring and redundancies

Advising on change management/restructuring processes that help clients meet their objectives while ensuring they meet their consultation obligations and comply with the duty of good faith.

Disciplinary investigations and dismissals

Providing assistance with disciplinary processes, from the investigation to the final outcome stage, ensuring clients carry out a thorough and fair disciplinary process. We help prevent escalation of matters where possible.

Bullying, harassment and discrimination

Advising clients on internally run complaints processes, ensuring clients conduct investigations that meet the required standards and will help protect them against claims by the employees involved. We can also offer an external investigation resource.

Holidays Act

Guidance on all things related to the Holidays Act, including what should and should not be included in gross earnings and which type of calculation is appropriate for your employees. We can also assist you if MBIE has instigated an investigation into your pay processes.

Industrial relations

Assisting with collective bargaining both as an external advisor or as a negotiator on behalf of the company at bargaining. We provide advice about the interpretation of collective employment agreements and how to manage union related issues.

Health and safety compliance

Alongside our specialist health and safety team, advising on both day to day health and safety obligations and during workplace investigations and prosecutions related to health and safety incidents.

Key people

Anne Wilson

Partner

Work Highlights

Representing Coca-Cola Europacific Partners in its defence against a claim by the union relating to the interpretation of a collective employment agreement in the Employment Relations Authority.
Delivering in-house training to Robert Walters recruitment specialists to upskill the business and ensure it has in-depth knowledge of New Zealand employment law obligations.
Representing Stonewood Group in an appeal on costs in the Employment Court.
Advising Synlait on employment issues relating to the proposed sale of Dairyworks, including issues arising from its separation from its parent company, including the impact on group benefits and preparing key employment documents.
Advising the South Island Office, in its attempt to acquire the Whakapapa ski field assets, on the transfer of employees to the buying entity and preparation employee transfer documents.
Assisting with exiting non-performing CEOs and senior leaders, advising on legal options for addressing theft of confidential information by executives, and executing broader restructures across businesses.
Defending a claim for breach of duty of fidelity and confidentiality for a construction client.