Employment Law


Header Employment

Employment Law governs the relationship between employers and employees and any disputes that arise between the employer and employee.

Our experienced employment law specialists can assist you in all employment matters including:

  • Drafting and reviewing employment agreements
  • Personal grievances
  • Restructuring and redundancies
  • Wages or pay disputes
  • Health and safety obligations, including prosecutions
  • Privacy Act requirements and breaches
  • Human rights obligations and breaches
  • Restraints of trade

Our employment lawyers have experience acting for employees as well as large, medium and small employers. They have appeared in the Employment Court, Employment Relations Authority as well as attending numerous mediations. Led by Julian Airey and Sarah Bush, this team prides themselves on offering practical advice.

Employment Agreements

Employment agreements govern the relationship between employer and employee and are required by law. The Employment Relations Act 2000 specifies certain minimum requirements that must be included in an employment agreement.

We can draft employment agreements for employers and review employment agreements for employees. We will help ensure the agreement complies with all legislative requirements and meets your needs.

Personal Grievances, Disputes and Dismissals

An employee who has been dismissed from their employment, or is disadvantaged, and wishes to challenge this may bring a personal grievance. There are strict time frames that apply.

We have considerable experience acting for both employers and employees in resolving these disputes, including attending at mediation as well as conducting proceedings in the Employment Relations Authority and Employment Court.

Restructuring and Redundancy

Redundancy is a situation that arises where a position occupied by an employee becomes surplus to the employer's requirements. The employer must follow a proper process before an employee can be made redundant.

We can provide advice in redundancy situations and ensure a proper process is followed.

Wage or Pay Disputes

The requirements of the Holidays Act 2003, Minimum Wage Act 1983, Wages Protection Act 1983 and Parental Leave and Employment Protection Act 1987 can be confusing for both employer and employee.

We can help employers understand their obligations and avoid possible disputes. We also assist employees who are concerned that they have not received their full entitlements.

Health and Safety Obligations

The Health and Safety at Work Act 2015 imposes strict duties on employers to ensure safety in the workplace. Employers who fail to do so, resulting in death or serious harm being caused, are liable to criminal prosecution and significant fines.

We are able to provide advice to employers in respect of their obligations and have experience acting for employers in prosecutions under the Health and Safety at Work Act 2015.

Privacy Act Issues

The Privacy Act 1993 provides a means for individuals to gain access to information held about them by an organisation. The Privacy Act applies to employees and information held about them by their employer.

We are able to provide advice in relation to the rights and obligations in respect of the Privacy Act.

Human Rights Act Issues

There is considerable overlap between the Employment Relations Act 2000 and the Human Rights Act 1993, both of which generally prohibit discrimination on the basis of gender, marital status, religious and ethical beliefs, ethnicity and disability, amongst others.

We have experience in advising both employers and employees in relation to discrimination issues.

Restraint of Trade

A restraint of trade provision aims to restrict the activities of an employee after their employment comes to an end, such as prohibiting the employee from working for a competitor of the employer for a period of time. Such provisions need to be very carefully drafted to ensure they are enforceable.

We can assist employers in drafting restraint of trade provisions in employment agreements and we can advise employees in relation to such provisions. We are also able to advise employers and employees on proceedings to enforce such provisions.

Our Employment Law Team