Employment relations experience

• We advised a key government agency on two major projects involving the possible transfer of a number of support functions from existing public sector entities to a new agency. The issues involved information and consultation obligations relating to employees and unions, the pros and cons of various transfer mechanisms, redundancy entitlements, and media risks.
• We have advised various employers on difficult Holidays Act 2003 questions, including liabilities inherited from previous employers, and worked with them on major reviews of their payroll systems to ensure compliance.
• We provide regular ‘sounding board’ advice to a large number of major clients on issues including restructurings, performance, conduct, sickness and relationship questions; contractual issues including restraints of trade, disciplinary action, dismissals, holidays, human rights, privacy and KiwiSaver.

Investigations

• We provided guidance to a major international consultancy business during a multi-layered and complex investigation into a complaint made by an employee. The investigation was particularly challenging in light of the nature of the allegations and the number of alleged perpetrators. We worked closely with the client to manage the commercial and legal risks.
• We carried out a major bullying investigation for a District Health Board, which involved more than 20 witnesses and wide ranging allegations covering long periods of time. The complainant accepted the report’s findings that the allegations were not substantiated.
• We carried out an investigation for a major bank into bullying allegations raised by call centre employees against their manager. The allegations were serious and involved potentially criminal behaviour including blackmail. The allegations were not upheld.

Collective bargaining

• We represented the NZ Transport Agency at hearings in the Employment Relations Authority and the Employment Court that involved complex issues relating to remuneration bands and good faith bargaining.

Dispute resolution

• We obtained urgent without notice orders against an employee of a major New Zealand retailer to prevent unlawful disclosure of confidential information. As part of that application, we obtained permanent name suppression of the retailer in light of the sensitivity of the commercial issues involved.
• We represented a large Crown entity in a lengthy Employment Court case relating to an unjustified dismissal claim. We persuaded the Court not to grant any remedies because of conduct by the employee that was discovered after the dismissal.