Employment Law
I take instructions in the following employment law matters:
Personal Grievances
- Unjustified dismissal, including constructive dismissal
- Unjustified disadvantage in employment
- Disadvantage grievances relating to unilateral variation of terms
Disciplinary and Termination Matters
- Serious misconduct investigations and dismissals
- Performance management and poor performance dismissals
- Restructuring and redundancy processes
- Suspension disputes
- Trial period, or 90 day, dismissals and their validity
Employment Agreement Issues
- Drafting, reviewing, and interpreting individual employment agreements
- Collective employment agreement disputes
- Restraint of trade and non competition clauses
- Confidentiality and non solicitation clauses
- Variation of employment terms
Discrimination and Harassment
- Sexual harassment claims
- Racial and other unlawful discrimination
- Bullying complaints
- Human Rights Act claims that intersect with employment
Wages, Holidays and Entitlements
- Minimum wage and holiday pay disputes
- Holidays Act 2003 compliance and underpayment claims
- KiwiSaver and other statutory entitlement disputes
- Deductions from wages disputes
Health and Safety
- WorkSafe New Zealand investigations and prosecutions
- Health and Safety at Work Act 2015 compliance advice
- Officer due diligence obligations
Restructuring and Redundancy
- Genuine business reasons and consultation process
- Redeployment obligations
- Redundancy compensation disputes
Employment Relations Authority and Employment Court
- Representation at mediation
- Employment Relations Authority investigations and determinations
- Employment Court proceedings, including challenges and de novo hearings
Contractor versus Employee Status
- Determining employment status disputes, contractor versus employee
- Triangular employment relationships, including labour hire
Privacy and Information
- Privacy Act issues in the employment context
- Employee records and information requests
Whistleblowing
- Protected Disclosures Act matters
