Gillian Service

Successfully representing Madison Recruitment Limited (part of NZX listed Accordant Group) in an Employment Court case brought by New Zealand’s largest union. The case challenged the legitimacy of Madison’s labour-hire model, and the result was critical for the company.  We succeeded in defending the claim and opposing the union’s applications for leave to appeal to the Court of Appeal and the Supreme Court.

Providing ongoing support and advice to The Warehouse Group on contentious and non-contentious matters, including union disputes, strikes, collective bargaining, privacy breach responses, workplace investigations, Holidays Act compliance, whistle-blower complaints, and incentive schemes. Recently we provided urgent strategic advice on The Warehouse Group’s COVID-19 response. It was one of the first to offer employee incentives to encourage vaccination and entered the Government approved trial of Rapid Antigen Tests (RAT).

Acting for Fonterra in a high-stakes interim reinstatement application in the Employment Court made by a former employee who had been dismissed on the grounds of incompatibility. We successfully persuaded the Court to maintain the position put in place by the Employment Relations Authority in order that the workforce could continue without disruption.

Assisting NZX listed Metlifecare with the acquisition of six retirement villages across the North Island of New Zealand. This complex transaction involved multiple unions, collective bargaining issues, vulnerable employees, and work visa variations.  We provided consistent, clear, and commercially pragmatic advice and support, including using technology to assist Metlifecare in issuing new employment agreements to all transferring employees in a tight timeframe – utilising our relationship with Law Hawk to enable Metlifecare to meet commercial deadlines of the transaction.

Providing significant strategic support on employment and union matters as New Zealand’s only refinery transitioned to an import terminal.  Key workstreams led by the team were advising on union collective bargaining strategy, complex redundancy issues arising from a significant workforce downsizing which had a major impact on its multigenerational workforce, and standing up a new employment relations framework including the complete suite of employment documentation.

Providing strategic advice to the board of Go Bus and managing collective bargaining and industrial action (including strikes and lockouts) affecting the company’s network in the North Island.  The advice extended to strategic communications, suspension of striking workers and supporting the business through facilitation with the Employment Relations Authority to resolve the industrial dispute.

Achieving a successful outcome for 2degrees in its proactive review of Holidays Act compliance which included obtaining support from the regulator on the company’s approach without the need for enforceable undertakings.