Employment Relationship Problems

By: Cullen Law  06-Dec-2011
Keywords: Industrial Action

We specialise in the following non-exclusive areas:

Disciplinary Matters

We provide advice on all relevant aspects of disciplinary law and practice.  We have a wealth of experience in addressing situations involving misconduct and serious misconduct and will sit down with you to work out the most effective and legally sound way of dealing with disciplinary matters, including how to commence proceedings and how to resolve them.  We can assist you throughout the entire disciplinary process, from investigations, to warnings, through to possible termination of employment.

Personal Grievances

Resolving personal grievances can be a lengthy process and we provide advice and support in a timely and constructive manner.  We offer advice on how to approach a personal grievance that an employee has raised, how to proceed in negotiations and how to reach a settlement and/or other resolution.  Our skilled team will help to ensure that what can often be a difficult and stressful process is resolved as smoothly and quickly as possible with the least amount of impact on day to day business.


We have considerable experience in advising clients regarding mediation.  More often than not a personal grievance or a disciplinary issue will end up in mediation and we will represent you and assist you in working towards a positive and constructive consensus.  Our services include meeting with you to discuss the relevant issues related to your case, preparing mediation submissions and attending mediation hearings with you as your representative.

Employment Relations Authority and Court Proceedings

We provide advocacy services from the outset of any employment relationship problem right through to its conclusion, which will sometimes involve proceedings in the Employment Relations Authority, the Employment Court and on occasion other Courts up to the Supreme Court.  Such proceedings involve a considerable amount of procedural and administrative work and we undertake this in conjunction with the preparation and presentation of clients’ substantive claims.  We have proven success and experience in the area of representing both small and large businesses and government agencies before the Authority and the courts.

Industrial Action

See ‘Collective Bargaining’.

Keywords: Industrial Action

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Other products and services from Cullen Law


Individual/Collective Employment Agreements and Contractor Agreements

We offer support with regard to determining what types of legal employment arrangements might apply to certain employees based upon their hours of work and responsibilities. How to apply the law in particular around casual employment can sometimes be difficult.


Collective Bargaining & industrial action

In particular it is important for employers to operate in accordance with the principles of good faith which underpin the Employment Relations Act 2000. Employers and unions must conclude a collective agreement unless there is a genuine reason based on reasonable grounds not to do so. We have a real understanding of the importance of relationships between employers and unions in New Zealand.


HR Audits

An HR Audit by Cullen involves us partnering with you to bring policy and practice into alignment with current employment legislation and with the overall direction your business or agency is taking. We are able to conduct an HR audit for your business or agency to ensure that effective, legally sound practices and procedures are in place for you as an employer to run at optimum efficiency.



In this situation we are able to assist and still ensure that the employer is fulfilling their duties as the party ultimately responsible for the investigation. Often the need for an independent investigation arises when an employer does not have the time or expertise to devote to an investigation themselves. We can conduct independent investigations into issues ranging from harassment allegations to other types of employment disputes.


Restructuring and Redundancy – “Change Processes

Consultation is of particular importance and it is important to note that some employees may have different employment protections in restructuring/redundancy situations than others. We have the expertise to assist in management of change processes, advise on the law pertaining to them, and provide support for any problems which might arise.