Employment Law

Bankside Chambers members act for employees, employers and unions across the full range of employment law matters in New Zealand, from early-stage advisory work through to representation in the Mediation Service, the Employment Relations Authority (ERA) and the Employment Court.

Our members have extensive experience across both advisory and advocacy roles, covering every stage of the employment relationship from the initial drafting of employment agreements through to complex litigation and appellate proceedings. The breadth of this practice reflects the breadth of employment law itself, a field that touches statutory compliance, contractual obligations, individual rights and industrial relations in equal measure.

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Defending and Prosecuting Across Regulated Professions

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Bankside members represent clients on all sides of the employment relationship, including:

• Employees facing dismissal, personal grievances or workplace disputes.
• Employers managing compliance obligations, restructuring processes and collective bargaining.
• Unions involved in collective negotiations or industrial action.
• Government departments, local authorities, large corporations and private businesses of all sizes.

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Acting across all sides of employment matters gives our members a clear understanding of how disputes develop, what each party faces and where proceedings are most likely to turn. Whether the instruction is to advise, negotiate or advocate, that breadth of perspective informs every stage of the work.

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Advice and Representation Across Employment Matters

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Bankside members advise and represent clients across a wide range of employment matters, including:

• Drafting and negotiating individual and collective employment agreements.
• Statutory compliance across employment legislation, including the Employment Relations Act 2000, Holidays Act 2003, Health and Safety at Work Act 2015, Wages Protection Act 1983, Parental Leave and Employment Protection Act 1987 and the Human Rights Act 1993.
• Personal grievances arising from dismissal or other employment disputes.
• Damages claims for breach of employee or employer duties.
• Disputes relating to covenants in restraint of trade, and to breach of confidence.
• Organisational restructuring and its employment law implications.
• Industrial strategies and collective bargaining.
• Corporate governance matters involving employment obligations.

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New Zealand's employment legislation is broad and frequently intersects across multiple Acts within a single matter. Our members are experienced in navigating that complexity, whether a dispute raises a standalone statutory question or sits within broader commercial or governance proceedings.

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Litigation and Alternative Dispute Resolution

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Employment disputes in New Zealand follow a tiered process. Most matters begin at the Mediation Service, which provides a facilitated resolution process before formal adjudication.

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Where mediation does not resolve a matter, the Employment Relations Authority adjudicates, with the power to make determinations, order remedies and refer matters to the Employment Court. The Employment Court hears referrals and appeals from the Employment Relations Authority and important or complex cases. Finally, the Court of Appeal hears appeals from the Employment Court on questions of law of general or public importance.

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Bankside members are experienced at each level of this framework including complex employment appeals.