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Emma Warden

Senior Associate
Auckland
Download Emma's vCard

DDI:        +64 9 353 9741
Mobile:   + 64 21 656 033
FAX:        +64 9 353 9701
Email:      

Emma is an employment lawyer who provides legal advice in all areas of employment law including health and safety, public law and education law.

Professional Qualifications

LLB (Hons) Victoria University of Wellington, 2001
BA Victoria University of Wellington, 2001

Areas of expertise

Employment and Industrial Relations
Education
Health & Ageing
Government

Emma has been with the firm since 2002, and has undertaken a wide variety of work in the areas of employment law, health and safety, public law and education law. Emma's areas of expertise include drafting employment documentation, representing both private and public sector employers at mediation, the Employment Relations Authority and the Employment Court, and providing legal opinions on employment, health and safety and public law issues.
 
Some of Emma's major projects
  • Representing employers in, and drafting court documents and submissions for, the Employment Tribunal, the Employment Relations Authority, the Employment Court and the Court of Appeal, and undertaking discovery and other necessary pre-trial preparation
  • Drafting, reviewing and interpreting collective and individual employment agreements and human resources policies
  • Representing employers at mediation
  • Advising on the impact of legislative change in relation to health and safety, holidays entitlements and obligations to employees in the event of a restructuring
  • Conducting research and providing legal opinions on the full range of employment and human resources related issues including leave and bonus entitlements, discrimination issues, grounds for discipline and dismissal of employees, and redundancy issues
  • Advising employers regarding the management, and eventual medical retirement, of employees on long term sick leave
  • Facilitating training on a wide range of employment related matters
  • Providing advice regarding the various duties owed by different parties under the Health and Safety in Employment Act, both generally and in relation to specific situations, and reviewing and amending health and safety policies and procedures
  • Researching and advising central Government agencies and Crown entities on a variety of issues arising under legislation including the State Sector Act, the Crown Entities Act, the Privacy Act, the Official Information Act, the Education Act and the Human Rights Act
  • Assisting employers in conducting employment investigations, including advising regarding grounds for discipline and/or dismissal
  • Providing advice to central Government agencies and Crown entities regarding public law issues, including the delegation and exercise of statutory powers, and responses to parliamentary and Select Committee questions
  • Advising employers regarding accident compensation issues, including representing an employer in a challenge to a decision by ACC to classify an employee's injury as work-related
  • Advising employers on strategic and legal issues arising out of proposed industrial action
  • Providing advice in relation to issues arising at the various stages of the collective bargaining process, including reviewing and commenting upon proposed documents
  • Providing advice to both public and private sector organisations regarding privacy issues, including responding to Privacy Act requests and complaints
  • Advising a number of employers, both in the public and private sectors, regarding restructuring and redundancy processes, including issues relating to relocating employees
  • Undertaking employment due diligence and advising on all employment related aspects of the sale and transfer of a business
  • Advising in relation to employment law issues for businesses in receivership
Memberships and directorships
 
Committee Member, Auckland District Law Society (ADLS) Employment Law Committee
Committee Member, Employment Law Institute
Member, Human Resources Institute of New Zealand (HRINZ)

Seminars and publications
  • Author/co-author of various employment law articles, including Employment Today and Employment Law Bulletin
  • Regular presenter at training and seminars on a wide range of employment law matters
Work history
 
Senior Associate, Minter Ellison Rudd Watts, Auckland (2002 - current)
Human Resources Advisor - Legal (Secondment), Department of Corrections (2006 - 2007)




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