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.
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.
MBIE is asking for feedback on the employment dispute system. The Employment Court stage shows the real problem is not simply employment advocates. It is employment lawyer representatives who do not understand procedure, file weak interlocutory applications, and create cost and delay.
MBIE's own mediator competency framework expects mediators to understand tikanga, use te reo appropriately, and be able to deliver karakia where appropriate. Where the issue is mediator conduct and protocol rather than the parties' confidential bargaining, there is a strong case for speaking publicly about it.
Mackey v Shearing NZ Ltd [2026] NZERA 146 is a useful case on s 149 finality, failed confidentiality counterclaims, and direct invoice payment of non-lawyer advocate fees.
Suspension is sometimes necessary, but it is never a harmless step. This guide explains the legal tests for suspension in New Zealand, and when a suspension becomes an unjustified disadvantage personal grievance.
Nine recurring arguments and tactics we see in Employment Relations Authority investigations, and why they should carry little weight.
