Employment lawyers | New Zealand employment law | Buddle Findlay

Overview

We understand employment law

Our team are skilled and proactive at mediation, before the Employment Relations Authority and in court. New Zealand employment law is unique, and we regularly advise overseas clients with New Zealand-based employees.

Our strong relationships with key parties benefit you

We have excellent working relationships with the Mediation Service, the Employment Relations Authority, Employment Court, and other employment lawyers.

We also have good working relationships with key stakeholders in the employment relations field, including the Ministry of Business, Innovation and Employment, the Council of Trade Unions and Business New Zealand.

These relationships assist our clients to achieve their objectives in a cost-effective and timely way.

We find solutions that work

We bring practical solutions to legal problems. We give legal and strategic advice to clients in the public and private sectors, and to individuals.

Our advice covers the full range of employment issues, including:

Design and implementation of change and restructuring processes
Advice on and representation in collective bargaining, and in other interactions with unions and collectivised workforces
Advice on mergers, acquisitions and outsourcing
Best practice for hiring and dismissing employees, managing performance, and investigating misconduct
Advice on avoiding and resolving employment matters like personal grievances, disputes, discrimination, harassment and bullying
Protection of confidential information and intellectual property, including the enforcement of restraints of trade
Negotiating and drafting employment agreements, policies and contracts for services
Independent investigations into serious misconduct and other complaints
Advice on holidays and leave
Advice on KiwiSaver and superannuation, information and privacy, accident compensation, and remuneration
Advice on medical, stress and disability issues.

Useful resources

Restructuring guidelines – this guide will take you through the steps for restructuring in New Zealand (this is a general guide, and not definitive advice for specific situations).

Download our restructuring guidelines

Restraint of trade guidance – protect your organisation’s assets when employees leave.

Download our restraint of trade guide here

Market recognition

"They are outstanding. They help us explore all the options and assist us in putting together a good strategy, which is invaluable in a heavily unionised environment." - Chambers Asia-Pacific

"The ‘responsive’ and ‘very professional’ team at Buddle Findlay has a ‘strong customer focus’ and ‘always meets expectations’." - Legal 500 Asia-Pacific

"A professional, friendly and knowledgeable firm. Responsive lawyers who are able to guide clients through challenging processes efficiently and effectively." - Chambers Global

Tier 1, Employment - Legal 500 Asia Pacific

Experience

Sector/Expertise

Work highlights

New Zealand Customs Service

We represented New Zealand Customs Service in the Employment Relations Authority and on appeal in the Employment Court in a leading case on vaccination, and the application of tikanga to employment law.

Department of Corrections

We acted for the Department of Corrections in Employment Relations Authority proceedings.

Te Pūkenga New Zealand Institute of Skills & Technology and Te Whatu Ora Health New Zealand

We acted for Te Pūkenga and Te Whatu Ora on the legal issues associated with the transfer of staff to the new entities.

Unitec New Zealand

We acted for Unitec New Zealand in the Employment Relations Authority.

Nestlé Health Science

We advised Nestlé Health Science on the acquisition of The Better Health Company (which includes the brands GO Healthy and Egmont Honey).

Covid-19 responses

We advised several employers on their Covid-19 response, including advice on vaccination policies and related decisions to terminate the employment of employees who were not vaccinated.

New Zealand Defence Force

We acted for the New Zealand Defence Force in negotiating and drafting the new Maritime Fleet Sustainment Services Agreement – Hāpai Taua Manuao.

Industrial relations advice

We have provided strategic industrial relations advice during collective bargaining to ANZ Bank, Kiwirail, Steel & Tube, Kiwibank, Massey University, Unitec Institute of Technology, Manukau Institute of Technology, Wellington International Airport and all New Zealand District Health Boards. This has included advice on communications during bargaining, strikes and lockouts, union ballots, information requests, strike and initiation notices, suspension, good faith issues, and life preserving services.

Tertiary education providers

We advised Waiaraki Institute of Technology and Bay of Plenty Polytechnic, Eastern Institute of Technology and Tairāwhiti Polytechnic, and Aoraki Polytechnic and Christchurch Polytechnic Institute of Technology on their respective mergers.

Capital & Coast District Health Board

We represented Capital & Coast District Health Board in a test case in the Employment Relations Authority and Full Court of the Employment Court on a claim that home-based relief carers funded through the national Carer Support scheme were employees of the Ministry of Health and District Health Board.

Precision Tracking

We acted for Precision Tracking (a GPS technology company) in the Employment Relations Authority and Employment Court against its former Managing Director for significant breaches of confidentiality and to enforce his restrictive covenants, together with proceedings against his new employer in the High Court based on conspiracy and inducement of breach of contract.

Change processes and restructures

We assisted New Zealand Customs Service, Department of Conservation, KiwiRail, New Zealand Post, Kiwibank, Massey University, GE, Chevron, Trade Me, Steel & Tube, Unitec, and Manukau Institute of Technology with major change processes and restructuring.

Sale and purchase transactions

We have advised employers and investors such as Chevron, GE, Goldman Sachs, Morrison and Co, Rangatira, Navico, Steel & Tube, Vector and New Zealand Post on the employment related aspects of sale and purchase transactions, including due diligence, technical redundancy, negotiation of terms, superannuation and implementation issues.

KiwiRail

We defended KiwiRail in proceedings brought in the Employment Court by a former employee who was dismissed for serious misconduct (drug use), following a crash.

Canterbury, Capital & Coast and Southern District Health Boards

We advised Canterbury, Capital & Coast, and Southern District Health Boards on the employment related issues arising from the transfer of their home based support contracts, and negotiating with the unions and employers over the related transfer of vulnerable workers under Part 6A of the Employment Relations Act.

District Health Boards

We represented all New Zealand’s District Health Boards in the Full Court of the Employment Court in two landmark cases on good faith in collective bargaining.

Online resources for GPs in the health sector

We drafted an online resource for MAS that is accessible by most of the country’s GPs. This resource provides user friendly guidance on employment law issues and processes.

Freightways

We advised Freightways and its subsidiary companies on contractor versus employee issues.

Advising the Unitas Capital consortium

We advised the Unitas Capital consortium on employment issues, management contracts and employee incentive schemes arising out of its NZ$2b acquisition of Yellow Pages Group.

New Zealand Government

We advised the New Zealand Government on changes to the Employment Relations Act, a code of good faith for the health sector, and the state of the law on disciplinary procedures.

New Zealand universities

We acted as lead negotiator for six New Zealand universities in their multi-employer collective bargaining with the academic and general staff unions.

Energy company

We assisted one of New Zealand’s largest energy companies with the introduction of KiwiSaver and advice on adjustments to its existing superannuation scheme.

Our team