Cases
Bennien v CareVets Hamilton Limited [2021] NZERA 433 (substantive)
Successful application for declaration of employment status, and claims for wage arrears, interest, and penalties for breaches of minimum employment standards
Bennien v CareVets Hamilton Limited [2021] NZERA 502 (costs)
Successful application for significant costs uplift owing to employer’s conduct during proceeding and rejection of reasonable settlement offer
ANZ Sky Tours v Wei [2021] NZEmpC 67
Successful challenge in Employment Court to constructive dismissal finding owing to break in causal chain for resignation, despite breaches in relation to wages
Hurst v Hodgson [2020] NZEmpC 182/2020
Successful defence against security for costs application
Hurst v Hodgson [2020] NZEmpC 83
Successful application to file challenge out of time, largely arising from impact of Covid-19 lockdown
ANZ Sky Tours Limited v Hsu-Yin Wei [2020] NZEmpC 129
Acting as counsel in case for employer where 'contempt of court' claim was successful against former employee who was found to have blatantly interfered in a disclosure process resulting from the Court's orders
Savage v Wai Shing Limited [2019] NZEmpC 141
Acting as counsel for employee in precedent-setting Employment Court case where employer was injuncted from dismissing employee during the period of an interim reinstatement order
Sell v IVise Solutions Limited; IVise Solutions Limited v Sell [2019] NZERA 397
Acting as counsel for company in case where large penalties awarded against employee for multiple breaches of good faith despite flaws in redundancy process
Ramkissoon v Commissioner of Police [2018] NZCA 304
Acting as counsel in the Court of Appeal for former police officer in case involving constructive dismissal and jurisdictional issues
Nel v ASB Bank Limited [2018] EmpC68
Employment Court consent orders in relation to successful resolution of longstanding litigation involving challenge to serious misconduct dismissal
Nel v ASB Bank Limited [2018] NZEmpC 59
Application to Employment Court to exclude evidence in contested matters for longstanding litigation
Nel v ASB Bank Limited [2017] NZCA 559
Successful defence in the Court of Appeal of applications for leave to appeal discovery and strike-out issues
Nel v ASB Bank Limited [2017] NZEmpC 56
Successful challenge to objections to discovery resulting in Employment Court ordering disclosure of Human Resources files in relation to "disparity of treatment" conduct
Stormont v Peddle Thorp Aitken Limited [2017] NZEmpC12
Successful Employment Court de novo challenge for unpaid bonus and unjustified redundancy resulting in awards of lost wages, compensation and bonus being paid, and subsequent record costs award
Ramkissoon v Commissioner of Police [2017] CA 558
Successful application for leave to Court of Appeal on specific issues of law
Warren v TR Group [2017] NZERA Auckland 336
Case involving unjustified dismissal during fixed term and breach of good faith
Labour Inspector of MBIE v Gujarat Cuisine 2012 Limited [2017] NZERA Auckland 37
Successful defence of claims brought by Labour Inspector against restaurant resulting in nil penalties
Ken Miller v Metropolitan Glass and Glazing Limited [2016] NZERA Auckland 188
Successful claim for unjustified dismissal resulting in substantial monetary awards and reinstatement to former position
Hally Labels Limited v Powell, Employment Court [2015] NZEmpC 92 15 June 2015
Successful defence of wide range of claims in the Employment Court including breach of good faith and fidelity and breach of employment agreement
Powell v Hally Labels Limited, Court of Appeal [2014] NZCA 572
Counsel in Court of Appeal successfully overturning a prior costs decision in longstanding and complex litigation spanning both the civil and employment jurisdictions
Manoharan v Chief Executive of Waiariki Institute of Technology [2011] NZERA Auckland 427
Successful claims for unjustified dismissals of two employees and successful application for contempt in relation to employer's obstruction of Authority's process
Faulkner v Secretary for Justice (ERA 11/04/2011)
Successful claims for unjustified dismissal and discrimination on the grounds of union activities
Allen v Transpacific Industries Group Ltd (t/a "Medismart Ltd") Employment Court (2009) 6 NZELR 530 (EMC)
Counsel for company in case involving serious misconduct dismissal and issues of mitigation of loss
Charleston v University of Waikato AEA 56/04 28/09/2004
Counsel for University of Waikato in successful defence of claims of unjustified dismissal and unjustified disadvantage
NZ Dairy Workers Union Inc v New Zealand Milk Products Court of Appeal [2004] 1 ERNZ 376
Counsel appointed by the Court of Appeal to advise the Court (amica curiae) on issues relating to preference of union or non-union members in collective bargaining
New Zealand Dairy Workers Union Inc v NZMP, Employment Court [2002] 1 ERNZ 361
Counsel appointed by the Employment Court to advise the Court (amica curiae) on issues relating to preference of union or non-union members in collective bargaining
Austin v Vice Chancellor, University of Auckland (EMT, 19/09/02)
Counsel for University of Auckland successfully defending claim by lecturer for retirement payment
Brown v Vice-Chancellor of the University of Auckland (ERA, 01/05/02)
Counsel for University of Auckland successfully defending redundancy claim
Gilbert v Attorney-General, Employment Court [2000] 1 ERNZ 332
Counsel in landmark case on stress in the workplace; client awarded substantial compensation and arrears of wages. Case remains leading authority on workplace stress to the present day
Wealthall v MacCormick, acting Vice-Chancellor of the University of Auckland, Employment Court (EMC, 17/07/1998)
Successful defence of interlocutory injunction for reinstatement of lecturer to position with University of Auckland
Gilbert v Attorney-General, Employment Court [1998] 3 ERNZ 500
Successful application for disclosure of medial records and other documentation in landmark case on stress in the workplace
Auckland College of Education v Hagg, Court of Appeal [1996] 1 ERNZ 150
Counsel in landmark case on fixed term contracts
