Employment

Commercial and pragmatic advice for employers and employees

Whether because of a change to a business’ requirements or relationship breakdown between employer and employee, our team has helped both individuals and businesses navigate the issues through to resolution

Employment legislation is numerous and changes can occur to the minimum wage, leave entitlement and contractors rights, presenting risks to employers who don’t have the right practises in place. Our specialist employment team can help employers to both mitigate those potential risks and also to help, should things go wrong.

 Legislation often favours the employee and those entitlements need to be in place for every employee type and situation. For those who have suffered unfair treatment, our team can help you determine your rights, and help you through to resolution.

 We understand the employee lifecycle in-depth and can help both employers and employees through a range of services including:

• Advising and representing clients (both employee and employers) in respect of wide array of employment disputes – including mediations,
• Employment Relations Authority (ERA) investigations, and proceedings before Employment Court and beyond;
• Guiding employers through effective employment processes, including for:
  • conducting workplace investigations – for example into staff misconduct, complaints of bullying/harassment, suspected dishonesty; and others;
  • disciplinary processes for misconduct/serious misconduct;
  • management of poor performance;
  • business change processes, including restructuring/redundancies and consultation requirements;
  • medical incapacity;
  • utilising 90-day trial periods/probationary periods;
  • abandonment of employment; and
  • breach of health and safety requirements – for example with respect to drug and alcohol testing.
• Representing employees faced with employment investigations – including at investigation and/or disciplinary meetings and beyond;
• Managing personal grievances and other employment relationship problems, for both employees and employers;
• Helping resolve employment problems, including preparing confidential records of settlement;
• Dealing with restraint of trade issues and claims – such as those involving non-solicitation, non-competition, confidentiality, fidelity, and/or
• confidentiality;
• Representing parties in collective bargaining, and assisting employers with other union-related issues such as strikes and other industrial action;
• Providing advice to ensure compliance with employer obligations, including with respect to:
  • Holidays Act 2003 issues (annual leave/holiday pay, public holidays, sick leave, bereavement leave, family violence leave (also known as domestic violence leave);
  • Requirements of the Employment Relations Act 2000, including record-keeping, rest and meal break requirements, good faith
  • consultation, employment agreements and more;
  • Minimum Wage / Wages Protection Act 1983 issues – wage deductions, claims for premiums.