Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

“Russell McVeagh’s labour and employment team is excellent,” says one client. The team has the ability to “understand the labour and employment market and incorporate the details of the law and the business”, adds the client.

Partners Richard McIlraith and Gillian Service “are both highly capable professionals and always on top of their game”, says a rival law firm partner.

The firm’s team successfully represented New Zealand Post in front of both the Employment Relations Authority and the Employment Court regarding a novel issue in the interpretation of the Holidays Act.

The team also acted for Ports of Auckland in relation to a claim for profit lost as a result of unlawful strike action. The team’s success, says the client, demonstrates that there are multiple remedies available to an employer to combat unlawful strike action, rather than just the pursuit of an injunction.

“Simpson Grierson’s labour practice is good and willing to reach a client’s desired outcome,” says one client. The team is instructed by many of New Zealand’s leading organisations in both the private and public sectors, and enjoyed another strong year.

For example, the firm acted on the largest employment law transaction when it advised the Auckland Transition Agency. The Agency is the statutory establishment board that was established to manage and implement the amalgamation of Auckland’s eight territorial local authorities.

The firm’s team also represented the University of Auckland before the Employment Relations Authority, defending an unjustified disadvantage claim brought by an associate professor in the medical school in relation to a warning that was issued to him.

“I must say that Kensington Swan is certainly the most enjoyable firm I have worked with,” says one satisfied client. Partners Clayton Kimpton and Anthony Drake are praised by clients for “their strong knowledge” of employment issues.

Special mention was given by a client to senior associate Michael O’Brien for “his first class advice and assistance in a timely manner for all situations”.

The firm’s team advised McConnell Dowell Constructors, one of New Zealand’s premier infrastructure companies, on investigations into the Pike River Coal Mine disaster run by the police department of the Labour and Royal Commission.

The team also acted for the Auckland District Health Board (ADHB) in litigation with the Public Service Association (PSA) regarding the Auckland Region Mental Health and Public Health Nursing Collective Employment Agreement.

Although a boutique firm in size, LangtonHudsonButcher’s labour and employment practice packs the punch of a full service law firm. The firm “provides excellent and well informed counsel on all employment related issues”, says one client.

Partners Stephen Langton, Andrew Schirmack, Nikki Dines and Ronelle Tomkinson “without exception all provide timely and pragmatic advice”, comments a client.

The firm advised Macquarie Group companies, Brook Asset Management, Brook Asset Management Pty and Macquarie New Zealand, in a High Court proceeding involving claims of breach of fiduciary duty, unlawful means conspiracy, and inducement to breach contract.

The firm also represented Transpacific All Brite in its claims against former owners of the business it acquired and against former employees and directors.

With a substantial international client base that generates plenty of referrals through the Minter Ellison Legal Group, the Minter Ellison Rudd Watts team is often instructed by multinational corporates to assist in the establishment of businesses in New Zealand.

The major instruction for the firm over the last 12 months was its key role in helping to secure the making of the film ‘The Hobbit’ in New Zealand. As part of a small group of advisers that drafted changes to the Employment Relations Act 2000, the firm helped clarify that certain film industry participants are independent contractors and not employees. The Bill passed successfully under urgency in October 2010, which was essential as Warner Bros had advised that the film would not be made in New Zealand without this legislation being passed.

Another highlight for the firm was advising a large corporate in respect of the exit of a CEO in one of its subsidiaries. The matter involved complex shareholding, pension fund and commercial issues for one of the most highly paid executives in the country.

“Buddle Findlay’s solutions have been pragmatic but well balanced with regards to the associated risks,” says one client. Partner Sherridan Cook’s “high credibility has given clients a level of confidence in his knowledge and capability as a legal professional”, says another client. The firm’s team advised on employment-related issues involved in the incorporation of Tairawhiti Polytechnic into the Eastern Institute of Technology. This was the first merger in New Zealand between two polytechnics. The merger involved the combination of a number of collective and individual employment agreements.

“The expertise provided by Chapman Tripp is consistently excellent,” says one client. The firm’s employment practice continues to advise on some of the country’s highest profile employment matters.

Principal Geoff Bevan is “a consummate legal professional, whose primary skill is in blending good legal advice with practical business solutions”, says a client.

This past year’s highlight was advising Earthquake Commission (EQC) New Zealand regarding a significant increase in staff contractors as a result of the earthquakes in the Canterbury region. The firm’s team also provided employment advice to the receivers of South Canterbury Finance.

Kiely Thompson Caisley specialises in providing advice on labour law reform both through litigation and lobbying on behalf of clients. Partner Peter Kiely is “one of the best and most respected employment lawyers in New Zealand”, says a competitor. The firm advised the International Labour Organisation (ILO) Bangladesh on the implantation of a diagnostic tool for assessment of freedom of association and collective bargaining in Bangladesh.

Employment law specialists Swarbrick Beck Mackinnon enjoys great loyalty from its clients. “Each partner has their own strengths and the firm is able to offer an extremely robust service”, says one client. Name partners Penny Swarbrick, Kathryn Beck and Don Mackinnon are “competent and skilled in all areas”, adds another client. The firm acted for Pulp and Paper Industrial Workers’ Union in two separate groundbreaking Employment Court cases. Both involved clarification of recent amendments to legislation governing the rights of employees in situations where businesses are involved in outsourcing situations.