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Business Services

 

I have an extensive history of assisting and representing employers in a wide range of situations including employment relationship problems, performance management issues, employment law compliance and corporate support. 

I provide high end support to commercial and public service clients based on an invaluable depth of business expertise.

Employment Relationship Problems

I offer advice and support on all aspects of employment relationship problems.  Employment relationship problems can arise in a number of situations, from disputes over holiday or pay calculations to disciplinary or performance matters.  They affect all the parties involved both on a professional and personal level and can consume hours of time and resources. I will provide sound and experienced knowledge into your situation in order to resolve it and attain the desired outcome in a timely manner, whether in preparation or defence of a claim. 

I specialise in the following non-exclusive areas:

DISCIPLINARY MATTERS

I provide advice on all relevant aspects of disciplinary law and practice.  I have a wealth of experience in addressing situations involving misconduct and serious misconduct and will sit down with you to work out the most effective and legally sound way of dealing with disciplinary matters, including how to commence proceedings and how to resolve them.  I can assist you throughout the entire disciplinary process, from investigations, to warnings, through to possible termination of employment.

PERSONAL GRIEVANCES

Resolving personal grievances can be a lengthy process. I am able to provide advice and support in a timely and constructive manner.  I can offer assistance and advice on how to approach a personal grievance that an employee has raised, how to proceed in negotiations and how to reach a settlement and/or other resolution.  I will assist to ensure that what can often be a difficult and stressful process is resolved as smoothly and quickly as possible with the least amount of impact on day to day business.

MEDIATION

I have considerable experience in advising clients regarding mediation.  More often than not a personal grievance or a disciplinary issue will end up in mediation and I will represent you and assist you in working towards a positive and constructive consensus.  My services include meeting with you to discuss the relevant issues related to your case, preparing mediation submissions and attending mediation hearings with you as your representative.

EMPLOYMENT RELATIONS AUTHORITY AND COURT PROCEEDINGS

With my extensive experience, I can provide advocacy services from the outset of any employment relationship problem right through to its conclusion, which will sometimes involve proceedings in the Employment Relations Authority, the Employment Court and on occasion other Courts up to the Supreme Court.  I have proven success and experience in the area of representing both small and large businesses and government agencies before the Authority and the courts.

INDUSTRIAL ACTION

See ‘Collective Bargaining’.

Managing Performance

Performance management is a vital tool for successful employee management. It ensures a high quality of output, promotes health and safety and work/life balance and helps to ensure that employment problems do not accumulate unnoticed. I provide advice on how to best manage performance, from complying with procedural obligations to putting systems in place to monitor performance.

I can help you with:

  • Setting performance objectives

  • Determining ways to monitor how these are being met

  • Dealing with instances of unsatisfactory performance

  • Dealing with disagreements about performance

Individual/Collective Employment Agreements and Contractor Agreements

I design and draft employment agreements for all types of employment including permanent full-time, permanent part-time, fixed term, casual, and contracting agreements. Employment legislation is constantly evolving and the requirements around what must be included in an agreement change frequently. I can streamline the process of drafting agreements and provide agreements that are legally sound and reliable. I also provide advice about how to vary employment agreements once they have been ratified.

I also offer advice and support with regard to determining what types of legal employment arrangements might apply to certain employees based upon their hours of work and responsibilities. How to apply the law in particular around casual employment can sometimes be difficult. If you are unsure about what category of employment a potential employee might fit into please contact me for advice.

Collective Bargaining & Industrial Action

I have a real understanding of the importance of relationships between employers and unions in New Zealand. There are strict laws prescribing employers’ responsibilities in relation to collective bargaining. In particular it is important for employers to operate in accordance with the principles of good faith which underpin the Employment Relations Act 2000. For example, employers and unions must conclude a collective agreement unless there is a genuine reason based on reasonable grounds not to do so.

I provide:

  • Advice about the correct procedures for collective bargaining
  • Advice about single party and multi-party bargaining
  • Advice about what must be in a collective agreement
  • Mediation services during the negotiation process
  • Advice about the requirements to be fulfilled by the employer after an agreement has been ratified

Sometimes when a collective agreement is being negotiated or after it has been ratified, employers and unions disagree on the terms. This may lead to employees striking or engaging in other forms of industrial action. I can provide advice and support on employers’ options in these situations, which include further negotiation, mediation or industrial action on the part of the employer.

Investigations

Often the need for an independent investigation arises when an employer does not have the time or expertise to devote to an investigation themselves.

I am able to undertake independent investigations into a wide range of issues, ranging from harassment and bullying allegations to other serious allegations such as theft or assault. Independent investigations may also be necessary in other types of employment disputes. 

I  am also able to assist employers or employees to ensure that the employer is fulfilling their duties as the party ultimately responsible for the investigation.

Restructuring and Redundancy (Change Processes)

I provide expertise to advise and assist in management of change processes, advising on the law relating to them, and providing support and advice for any problems which might arise. Consultation is of particular importance and it is important to note that some employees may have different employment protections in restructuring/redundancy situations than others. 

I also provide advice to help you with assessing redundancy entitlements, consultation and other processes.

Employment Law Compliance

Employment law extends across all aspects of employment and confers significant responsibilities on both employers and employees. There are a number of statutory minimums in relation to the terms and conditions of employment and there is a significant amount of legislation which prescribes certain behaviours by the parties to an employment relationship. 

I can assist to ensure that employers are able to meet their legal obligations and carry out their responsibilities efficiently and effectively. Employers need to be aware, for example, of the law around:

  • Bullying and Harassment

  • Privacy

  • Human Rights

  • Health and Safety

  • Holidays

  • Parental Leave

  • Superannuation and Kiwisaver

  • Confidential information and restraints of trade

Employment Relationship Problems

I offer advice and support on all aspects of employment relationship problems.  Employment relationship problems can arise in a number of situations, from disputes over holiday or pay calculations to disciplinary or performance matters.  They affect all the parties involved both on a professional and personal level and can consume hours of time and resources. I will provide sound and experienced knowledge into your situation in order to resolve it and attain the desired outcome in a timely manner, whether in preparation or defence of a claim. 

I specialise in the following non-exclusive areas:

DISCIPLINARY MATTERS

I provide advice on all relevant aspects of disciplinary law and practice.  I have a wealth of experience in addressing situations involving misconduct and serious misconduct and will sit down with you to work out the most effective and legally sound way of dealing with disciplinary matters, including how to commence proceedings and how to resolve them.  I can assist you throughout the entire disciplinary process, from investigations, to warnings, through to possible termination of employment.

PERSONAL GRIEVANCES

Resolving personal grievances can be a lengthy process. I am able to provide advice and support in a timely and constructive manner.  I can offer assistance and advice on how to approach a personal grievance that an employee has raised, how to proceed in negotiations and how to reach a settlement and/or other resolution.  I will assist to ensure that what can often be a difficult and stressful process is resolved as smoothly and quickly as possible with the least amount of impact on day to day business.

MEDIATION

I have considerable experience in advising clients regarding mediation.  More often than not a personal grievance or a disciplinary issue will end up in mediation and I will represent you and assist you in working towards a positive and constructive consensus.  My services include meeting with you to discuss the relevant issues related to your case, preparing mediation submissions and attending mediation hearings with you as your representative.

EMPLOYMENT RELATIONS AUTHORITY AND COURT PROCEEDINGS

With my extensive experience, I can provide advocacy services from the outset of any employment relationship problem right through to its conclusion, which will sometimes involve proceedings in the Employment Relations Authority, the Employment Court and on occasion other Courts up to the Supreme Court.  I have proven success and experience in the area of representing both small and large businesses and government agencies before the Authority and the courts.

INDUSTRIAL ACTION

See ‘Collective Bargaining’.

Managing Performance

Performance management is a vital tool for successful employee management. It ensures a high quality of output, promotes health and safety and work/life balance and helps to ensure that employment problems do not accumulate unnoticed. I provide advice on how to best manage performance, from complying with procedural obligations to putting systems in place to monitor performance.

I can help you with:

  • Setting performance objectives

  • Determining ways to monitor how these are being met

  • Dealing with instances of unsatisfactory performance

  • Dealing with disagreements about performance

Individual/Collective Employment Agreements and Contractor Agreements

I design and draft employment agreements for all types of employment including permanent full-time, permanent part-time, fixed term, casual, and contracting agreements. Employment legislation is constantly evolving and the requirements around what must be included in an agreement change frequently. I can streamline the process of drafting agreements and provide agreements that are legally sound and reliable. I also provide advice about how to vary employment agreements once they have been ratified.

I also offer advice and support with regard to determining what types of legal employment arrangements might apply to certain employees based upon their hours of work and responsibilities. How to apply the law in particular around casual employment can sometimes be difficult. If you are unsure about what category of employment a potential employee might fit into please contact me for advice.

Collective Bargaining & Industrial Action

I have a real understanding of the importance of relationships between employers and unions in New Zealand. There are strict laws prescribing employers’ responsibilities in relation to collective bargaining. In particular it is important for employers to operate in accordance with the principles of good faith which underpin the Employment Relations Act 2000. For example, employers and unions must conclude a collective agreement unless there is a genuine reason based on reasonable grounds not to do so.

I provide:

  • Advice about the correct procedures for collective bargaining
  • Advice about single party and multi-party bargaining
  • Advice about what must be in a collective agreement
  • Mediation services during the negotiation process
  • Advice about the requirements to be fulfilled by the employer after an agreement has been ratified

Sometimes when a collective agreement is being negotiated or after it has been ratified, employers and unions disagree on the terms. This may lead to employees striking or engaging in other forms of industrial action. I can provide advice and support on employers’ options in these situations, which include further negotiation, mediation or industrial action on the part of the employer.

Investigaitons

I am able to undertake independent investigations into a wide range of issues, ranging from harassment and bullying allegations to other serious allegations such as theft or assault. Independent investigations may also be necessary in other types of employment disputes. 

Often the need for an independent investigation arises when an employer does not have the time or expertise to devote to an investigation themselves. I

n this situation we are able to assist and still ensure that the employer is fulfilling their duties as the party ultimately responsible for the investigation.

Restructuring and Redundancy (Change Processes)

We have the expertise to assist in management of change processes, advise on the law pertaining to them, and provide support for any problems which might arise. Consultation is of particular importance and it is important to note that some employees may have different employment protections in restructuring/redundancy situations than others. We can help you with assessing redundancy entitlements, consultation and other processes, and ensuring a smooth process.

Employment Law Compliance

Employment law extends across all aspects of employment and confers significant responsibilities on both employers and employees. There are a number of statutory minimums in relation to the terms and conditions of employment and there is a significant amount of legislation which prescribes certain behaviours by the parties to an employment relationship. We have the resources and the experience to ensure that employers are able to meet their legal obligations and carry out their responsibilities efficiently and effectively. Employers need to be aware, for example, of the law around:

  • Bullying and Harassment

  • Privacy

  • Human Rights

  • Health and Safety

  • Holidays

  • Parental Leave

  • Superannuation and Kiwisaver

  • Confidential information and restraints of trade

Phone

+64 027 4119 180

Address

David Burton - Barrister
Level 8, Midland Chambers 
45 Johnston Street
Wellington 
New Zealand