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Employment dispute resolution

Quick resolution of employment disputes is the key to minimising their cost and impact on your business. Our team is accessible and highly responsive. We understand the commercial and strategic drivers you need to consider when deciding to defend or settle a claim.

Proven strategies for personal grievance cases

Kensington Swan has developed successful strategies for clients from diverse industries to ensure personal grievance cases are resolved swiftly and cost-effectively.

Broad dispute resolution experience

Our litigators are highly skilled and accomplished advocates with extensive experience in dispute resolution litigation, including mediation and alternative dispute resolution (ADR).

We have a reputation for successfully helping clients to avoid formal litigation and empowering them to decline unreasonable demands.

When litigation is unavoidable

If formal litigation is unavoidable, we have the resources to progress it through the court process as quickly as possible. This ensures parties are able to resolve disputes without lengthy and costly delays.

Recent experience

Auckland District Health Board (ADHB)

We acted for the ADHB in a dispute with the New Zealand Public Service Association (PSA) concerning meal breaks and overtime rates for nurses working longer than eight hours.

With our advice, our client successfully defended the application by the PSA and our submissions were adopted by the Employment Relations Authority in its judgment. The case involved multiple employers and an estimated $5 million increase in the wages bill for the ADHB alone had the PSA been successful. This was a substantial and important win for the ADHB.

International airline companies

We successfully defended an international airline group of companies against an injunction application brought by the New Zealand Airline Pilots’ Association.

The issues included the scope of the statutory obligation of good faith with regard to decisions affecting New Zealand-based employees made by overseas entities headquartered in Australia. The case also considered the impact of overseas market disclosure restrictions on the scope of this duty.

We persuaded the Employment Court to decline an injunction, and the domestic airline was able to commence on schedule.

Te Puni Kokiri

We successfully represented Te Puni Kokiri in an Employment Relations Authority case. This case involved a range of complex factual and legal issues, including potential criminal offending and conflicting expert medical evidence. We persuaded the Authority that an employee’s conduct warranted a finding that he had contributed entirely to his dismissal, and that no remedies should be awarded.

Although our client had not complied with its own processes, it was not required to reinstate the employee or pay compensation.

Related legal services

Employment relations
Health and safety law
Human rights law
Immigration law

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