We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
Preparing an opening statement for MBIE Mediation is important as it helps tell the other party and the mediator your story and what you are seeking for resolution. It will also become a good starting point for an Employment Relations Authority witness statement if your matter does not settle at or after mediation.
In the employment law jurisdiction the ERA and the Employment Court have the power to direct parties to use mediation. Here is how employment mediation process works and an insight into common behaviours used during employment mediation.
Going to a MBIE Employment Mediation can be stressful and daunting for an employee. The mediator will work to encourage settlement before the case goes to the ERA. We put it in perspective here.
Where an employee has a personal grievance for unfair dismissal, unjustified disadvantage or any other claim, the parties are required to attend an employment mediation. Whether an employment dispute is resolved before or at mediation both the employer and employee must be able to sign the record of settlement agreement. We describe methods of how signing can be achieved remotely.
Public commentary about Lawrence Anderson, Joyce v Ultimate Siteworks, and Menzies v Corrigan has left out important context. This article sets out what is accepted, what is disputed, and why the Joyce, Menzies, NZBA, liquidator disclosure, and accounting issues matter.
Menzies v Corrigan shows how one liquidator report comment about "excessive drawings", later financial disclosure routed through Catherine Stewart Barrister's office, and disputed accounting material became central to orders against a company director personally.
The underlying email referred to EMA and the New Zealand Business Association in the context of possible intervention. LawNews and RNZ have incorrectly reported NZBA as the New Zealand Bar Association. There were no rude words sent to either organisation by us. I say the reporting is inaccurate, unfair, and missing important context.
EMA says employment advocates are delaying and distorting employment disputes, making employment harder, and contributing to personal grievance imbalance. But the wider anti-advocate argument is inconsistent, and the NZLS-commissioned independent review did not identify widespread consumer harm justifying lawyer-style regulation of non-lawyer providers. The better answer is realistic offers, proper Calderbanks, proper disclosure, lawful treatment of advocate costs, better mediation resourcing, and existing conduct and costs powers used fairly across all representatives.
