Professional Qualifications

Areas of expertise

• Advising a national sports body in respect of various employment related matters
• Advising a CEO in negotiating terms of appointment to a major corporate in the telecommunications industry
• Acting as counsel for a corporate in enforcing a restraint of trade clause against a senior employee
• Acting as counsel for an employee in opposing the enforcement of a restraint of trade clause
• Acting for a number of national and international corporates in respect of the sale of their business and advising on all employment-related matters
• Advising a New Zealand corporate in respect of privacy issues arising from disclosing information to targeted potential customers
• Advising multi-national and national corporates in respect of privacy/data protection implications regarding collecting using and/or storing personal information in New Zealand and overseas
• Advising a major international airline as to various employment/industrial relations aspects of its set up of a domestic operation following the collapse in 2001 of Tasman Pacific Airlines
• Advising leading international financial services, airline, and pharmaceutical businesses as to their employment needs in setting up, closing or restructuring their New Zealand based operations
• Advising many foreign employers as to the requirements of New Zealand domestic employment law in strategic industrial relations issues, hiring employees and contractors, and in taking disciplinary action
• Carrying out due diligence and advising numerous international corporates (including a major car manufacturer) in respect of issues affecting staff upon the sale of part/all of those businesses
• Advising a UK based international corporate in respect of the secondment of a senior employee from the UK to New Zealand and drafting all related documentation
• Advising a major organisation in restructuring its call centre operations in New Zealand and managing all aspects of the impact on affected staff, following consultation with unions and employees (2006/07)
• Lead advisor to a major sports organisation in the bargaining of two separate collective agreements including managing strike action, communications to union and non-union members, and in managing individual employment agreements (2006/07)
• Advising separate government departments and crown entities in various restructures of their senior management team including consultation, implementation and managing consequential changes for affected staff including redundancies
• Advising a number of government departments in respect of the acquisition of employees transferred to them by order in council and related employment law issues
• Advising a major international airline in respect of a complaint made to the Human Rights Commission regarding the application of a policy alleged to be discriminatory to men (2005/06)
• Carrying out legislative compliance audits for numerous private and public sector organisations and reporting outcomes and recommended action
• Acting for a government department in respect of a complaint to the Privacy Commissioner including formally responding to preliminary findings (2006)
• Negotiating and finalising employment and performance agreements for Chief Executives, in the public and private sectors, including consulting with the State Services Commission
• Advising a number of significant central government agencies on the exercise of their statutory powers and functions under legislation including under the State Sector Act, Education Act, Employment Relations Act and associated legislation and the Human Rights Act
• Advising a government department in respect of employment and public law issues arising out of the proposed disestablishment of a crown entity and transfer of functions into a central government Ministry
• Providing advice to government departments and crown entities regarding public law issues including:
  • requests for official and personal information
  • appearing for and responding to questions of Select Committees
  • answering Parliamentary questions
  • preparing briefing papers to responsible Minister and drafting correspondence in Minister's name
  • creation and maintenance of legally-compliant delegations manuals
• Advising Railtrack plc (London) in respect of its privatisation including regulatory issues and entering into contractual arrangements for access rights granted to third parties to use Railtrack's network (1995-1996)
• Advising the Ministry of Defence (UK) in its defence procurement regarding two new training facilities for its military personnel under the Private Finance Initiative (now referred to as "PPP") (1997 - 1998)

• Restraint of trade
• Personal grievance and dispute claims in the employment institutions/courts
• Terms of employment for CEOs and other senior executives
• KiwiSaver
• Share and other incentive schemes
• Health and safety
• Bullying and harassment
• Managing poor performance
• Disciplinary investigations and dismissals
• Strategic and legal advice in collective bargaining and managing individual bargaining
• Restructuring/redundancy
• Recruitment procedures and documentation
• Drafting and negotiating individual and collective employment agreements
• Drafting and implementing HR policies and procedures including email/internet and drugs and alcohol
• Secondments within and outside New Zealand
• Independent contractor arrangements
• Matters arising under the privacy, official information and protected disclosures legislation.

• Porteous v CE of Department of Building and Housing [2010] NZEMPC 67, Judge Couch, 26 May 2010, WA03/10
• Kirk v CE of Department of Corrections (Employment Relations Authority, Member D Asher, 11 January 2010, WA03/10)
• Johnson v New Zealand Racing Board (Employment Relations Authority, Member V Campbell, 18 September 2009, CA158/09)
• White v CE of Department of Corrections (Employment Relations Authority, Member L Robinson, 21July 2009, AA243/09)
• Beatson v CE of Department of Corrections (Employment Relations Authority, Member A Dumbelton, 3 April 2008, (AA129/08)
• Ali'Imatafitafi v CE of Department of Corrections (Employment Court, Travis J, 15 August 2007, AC 5A/07)
• Credit Consultants Debt Services Limited v D Wilson and EC Credit Limited (Full Court, 5 April 2007 and 3 July 2007, WC 12A/07 and WC 12C/07)
• Credit Consultants Debt Services Limited v D Wilson and EC Credit Control (Employment Court, Shaw J, 1 May 2007, WC 12B/07
• Imo v CE of Department of Corrections (Employment Relations Authority, Member L Robinson, 3 May 2007)
• Ali"lmatafitafi v CE of Department of Corrections (Employment Relations Authority, R Arthur, 15 June 2006)
• C Johns v Shell New Zealand (Employment Relations Authority, Member P Stapp, 30 May 2007)