Employment Law New Zealand

What the New Zealand Employment Court does, how a de novo challenge differs from an ERA investigation, key procedural stages and what parties should expect when preparing for a hearing.

Menzies v Corrigan concerned an ERA compliance order that required a company director personally to take steps to fund a liquidated employer so grievance remedies could be paid. The challenge raised questions about s 137(2), separate corporate personality and the reach of compliance jurisdiction.

Review of the NZLS-commissioned regulatory report and whether it provides an evidential basis for licensing or otherwise regulating non-lawyer employment advocates.

Joyce v Ultimate Siteworks concerned costs after a substantive Employment Court matter and four interlocutory disputes, including an unsuccessful sanctions application and a withdrawn request understood by the Court as contempt-like. The judgment also addressed allegations about whether representative conduct had increased the other side's costs.

The debate over whether non-lawyer employment advocates should be allowed to represent parties in the Employment Court, with a focus on access to justice, existing court powers and the evidence said to support exclusion.

Why a signed Authority to Act, clear Terms of Engagement and transparent fee arrangements provide immediate client protection when an employment advocate is instructed.

The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.

Why a restraint of trade recorded in a negotiated settlement can be harder to attack than a restraint imposed in the original employment agreement, particularly once the settlement is certified under s 149.