Employment and Health & Safety

Employment 

We have a team specialising in employment law. Employment law can be complex.  It constantly evolves due to shifts in social norms, political ideologies, and/or advances in technology.

When there are problems, we identify the core issues promptly, and immediately put in place effective strategies to obtain the desired outcome.

Sometimes utilisation of the available dispute resolution and litigation pathways is necessary.  We are strong advocates with experience in all the employment litigation forums. 

We support you. Our advice is easy to digest, fair and common sense. Lengthy opinions and advice are sometimes necessary, but a lot of the time, they are not. 

Our team is up to date. We invest in professional development. Our team regularly presents and attend workshops and seminars and contribute to professional and publicly available periodicals. 

Our advice is realistic, based on expert knowledge and in-depth experience. 

We work in tandem with our commercial, property and immigration law specialists. 

Specialist. Experienced. Trusted. 

Employers 

We understand. Navigating the minefield of employment law is difficult. We simplify it - no matter the complexity. From day-to-day support through to complex litigation.   

We are strong promoters of early resolution on reasonable terms. However, this is not always possible. We can draw on our litigation experience in all the employment litigation forums.   

Compliance

• Employment agreements and advice.
• Independent contractor agreements and advice. 
• Workplace policies.
• Workplace documentation and process audits.
•  Health and safety compliance reviews.
• Record keeping. 
•  Privacy protection.
• Employee v contractor distinction.
• Holidays Act.
• Wages Protection Act. 
• Human Rights Act.

Support

• Restructuring and redundancy.
• Worker accommodation. 
• Performance development / management.
• Disciplinary matters.
• Workplace investigations – internal or external.
• Long-term illness / medical incapacity.
• Medical retirement. 
• Mental health.
• Labour Inspectorate investigations. 
• Incentive schemes. 
• Protection of confidential information. 
• Incompatibility. 
• Bullying, discrimination, sexual misconduct, and harassment.
• Working from home / remotely. 

 Dispute Resolution and Litigation

• Mediation and litigation, including; 

Enforcement of restraints of trade and other contractual obligations;
Urgent injunctions;
Arrears of wages;
Contractual interpretation; 
Personal grievances; 
Misrepresentation; 
Challenges to Employment Relations Authority determinations; and
Misappropriation of money. 

• Negotiating settlements and exits.

Business Strategy

• In-house training.
• Employee retention and engagement. 

Recent work

• Clients have recently entrusted us to advise on: 
• Restructuring / redundancies - some complex.  No personal grievance claims resulted.
• Transitioning independent contractors to employees due to misclassification. 
• Complex sexual misconduct and bullying allegations.
• Mental health challenges in the workplace.   
• Defending personal grievance and other contractual claims. 
• Labour Inspectorate investigation relating to Holidays Act concerns.   

Robbie Bryant, our employment Senior Associate appeared for a client in proceedings in the Employment Relations Authority, Employment Court, Court of Appeal and Supreme Court that ended in May 2023.  

Employees 

We get to the heart of the problem – quickly, and then identify the best strategy to reach the desired outcome.  

We ensure that fairness prevails.  

Pre-employment  

• Offers of employment.
• Employment agreements:  

Restraints of trade;
Incentive scheme; and
Redundancy compensation. 

• Contractual interpretation.   
• Protection of interests.

 Support

• Disciplinary processes. 
• Restructuring / redundancy.
• Performance management.
• Investigations – internal or external.
• Long-term illness / medical incapacity.
• Mental health.
• Exiting strategically. 

Dispute Resolution and Litigation

• Mediation and litigation:

Urgent injunctions – reinstatement / post-employment obligations;
Arrears of wages;
Contractual interpretation;
Misrepresentation;
Personal grievances; and 
Challenges to Employment Relations Authority determinations. 

• Negotiating exits.
• Enforcement of restraints of trade and other contractual obligations.
• Bullying, discrimination, sexual misconduct, and harassment.

Recent work

Most employment matters resolve before a hearing. Few go to the Employment Relations Authority, Employment Court and higher.    

We have:

• Negotiated numerous exits / settlements for employees across many industries arising mainly out of unfair employer actions. Most involve middle to senior managers and executives – including shareholders and directors.  
• Appeared on behalf of clients in the Employment Relations Authority. 
• Represented a client in the Employment Court, and Court of Appeal in 2020/2021. This client was awarded $30,000 compensation, 16 months’ pay, and money from an employee share scheme. 

We provide employment-related support to our commercial team.  

• Due diligence reports.
• Drafting of employment-related provisions in sale and purchase documentation.
• Employee transfer obligations.    
• Assessment of contingent liabilities arising from service-related entitlements.
• Consultation requirements when buying and selling a business.
• Employee share schemes.
• Worker accommodation.

Recent Work

We were entrusted to advise a client about the employment-related matters relevant to the purchase of a business of significant public interest. 

Health and Safety

Whether you are a business, public sector agency or not for profit, you need to understand the specialist Health & Safety legislation, and the procedures you must have in place to prevent – or minimise the risks of – accidents occurring.

When an accident does happen, you need access to expert advice on how to handle investigations and deal with WorkSafe New Zealand and – in some cases – the courts.

Our Litigation team can explain the technical and legal requirements of the law and help you to meet compliance. We can also help review and update your contracts to manage risk and verify that you have the right systems, policies and procedures in place to avoid workplace accidents. 

Our Employment and Health & Safety Lawyers

Find out about the members of our Employment and Health and Safety teams: