For Employees | Helen Gilbert Employment Law

Personal Grievances

Restructuring & Redundancy

Restraint of Trades & Employment Agreements

Mediations

Privacy & Human Rights

Disciplinary Process

Bullying

Medical Incapacity

Employees

Assistance for Employees

We represent employees at all stages of their employment, from the most senior employee down to the new recruit. Often, we encounter senior employees who are blindsided by surprise exit proposals (particularly where there are overseas entities involved), or are called to answer allegations of wrongdoing / bullying or other investigations. We also assist with navigating through redundancy processes, agreed exits, restraint of trade, or reviewing terms of a new employment agreement.

We are also able to act in those situations where many law firms cannot, because they already act for the company and have conflict of interests. Irrespective of whether your role is senior or junior, the same issues arise, and we approach every client as equally important and deserving of excellent service. Lately, we have been involved in many issues relating to unvaccinated status of employees, which has proved to be a rapidly changing landscape, and very distressing for many of our clients. If money is an issue, then we have an Associate available to assist you at a lower rate, who is still very experienced. As we act for employers and employees, we are able to provide excellent insight into pragmatically assisting people to resolve their concerns in a way that can maintain their relationships (where that is important to them) and their reputation. When acting for employers, we have seen lawyers who unknowingly sabotage any chance of a good settlement for their client purely from their interactions with the employer.

Whether it is an allegation of misconduct, a proposal to make your position redundant or issues of stress and/or bullying, ill-health or whatever the issue, choosing the right person to represent you can make all the difference and we believe our firm has the skills necessary to best help you navigate your journey.

Hear what our EMployeE clients have to say

Testimonials

I was kept updated and informed throughout our engagement so I always felt reassured and confident in their process. Tracey was knowledgeable, effective and efficient with resources. Tracey tactically made use of legislation, past experience, and opinions of other experts to make the most informed case possible and skillfully used the facts of the case to secure a settlement even from a highly uncooperative party. I would definitely make use of Helen Gilbert Employment Lawyers services again if the need had to arise.

Employee - Max

As General Counsel at the University of Canterbury and In-House Counsel at the Far North District Council I have worked with Helen Gilbert on complex employment and Occupational Health & Safety matters and have found her advice to be timely and professional and proactive in the development of policy. Helen is able to work with the business and provide cost effective advice. She is always willing to discuss matters and kept me informed as matters progressed. From the perspective of in-house counsel Helen is willing to share tasks in a cost effective manner.

John F. Verry, LLM In-

House Counsel Legal

Services

For Employees

Employment Law Services

Bullying is an issue of health & safety, and it is important that it is taken seriously, and its impact not underestimated. If you are feeling bullied at work, or have resigned because of bullying, then please speak with us about your situation. Similarly, there are times where employees feel bullied because there are performance or disciplinary issues or even personality conflicts, so if you have been accused of bullying or are facing an investigation into your conduct, then we are well qualified to review the evidence and make a balanced assessment around your best next steps. In some instances it will mean challenging the allegations, and in other instances it may be best to negotiate an exit. Whatever your situation, we can provide best practice advice and effectively advocate your position.

Bullying

EMPLOYEES

Examples of the type of work we can assist you with:

Personal Grievances

If you have a concern about your employment or workplace, where you believe you have been treated unfairly by your employer, in relation to redundancy, bullying, stress, breach of your employment agreement, promotional or performance related matters or health & safety issues.

Termination of Employment

If you have been dismissed or are involved in a situation that may result in your dismissal I can advise you on the best method for resolving your dispute, taking into account the possible impact on your future career prospects.

Mediation & Employment Relations Authority / Court Hearings

If you need someone to represent you, then it is in your interests to select someone who is legally trained and who understands the wide range of options available / challenges you may face. This will also provide you with a realistic insight into any limitations your claim may have before you incur significant expense.

Redundancy Proposal

Have you received a proposal to make your position redundant? I can help you to assess whether the law will see this as a genuine redundancy and the process that needs to be followed.

Employment Agreements

If you have received a new employment agreement that you want advice on before signing; queries over restraint of trade issues or confidentiality agreements.

negotiating exit packages

If you wish to leave your employment on amicable terms but the reasons for your departure stem from your treatment by the business, then I can assist in negotiating an exit.

Contract agreements

Drafting of independent contractor agreements.

We understand that facing a disciplinary process at work can be an upsetting situation, and we want you to know that you don't have to face it alone. As employment lawyers, our mission is to provide support and skilled advice throughout this challenging journey.
We have regularly, and successfully, assisted employees in navigating disciplinary procedures, and our dedicated team is committed to ensuring fair treatment and securing the best possible outcome for you.

Disciplinary Process

Personal Grievances

Have you received a proposal to make your position redundant? We can help you to assess whether the law will see this as a genuine redundancy and the process that needs to be followed.

Restructuring & Redundancy

If you have been absent from work for some time, or have been experiencing regular absences from work and now your employer has raised issues around whether you are medically fit to continue in your work, then you really do need to seek advice. There are many steps that need to be undertaken by an employer before an employee can be dismissed for medical incapacity, but there will come a time when an employer can fairly “cry halt” and ask you to leave. If your employer has commenced a medical incapacity process with you or you have been terminated for medical incapacity then please call us to discuss.

Medical Incapacity

There are fundamental rights to privacy under the Privacy Act 2020, which an employer is legally obliged to abide by. We have assisted many employees where their employer has secretly recorded them, or made comments to other staff about them, or wrongly disclosed information to other staff or third parties. If you believe your privacy has been breached during your employment or post-employment then it is important the issue is addressed. Likewise, we also assist employees where they have suffered discrimination or sexual harassment in the workplace, and we have filed complaints with the Human Rights Commission for our clients. On occasion, we have successfully convinced the Director of Proceedings to take a case on behalf of our client for a human rights violation arising in the workplace. If you are facing or have faced any of these issues in your workplace, please give us a call.

Privacy & Human Rights

If you have received a new employment agreement that you want advice on before signing; queries over restraint of trade issues or confidentiality agreements.

Restraint of Trade & Employment Agreements

Mediation & Employment Relations / Court Hearings

We look forward to speaking with you.

A significant portion of our time is spent in mediations for clients. Due to the confidential nature of these settlements, we cannot disclose the details. However, a convincing yet balanced presentation of your case can make a significant difference to the view the other side takes of your claim and can impact significantly on the likely sums involved in any settlement.

Helen Gilbert

Principal Barrister

Stef Anstey

Business Manager

Diana D'silva

Susana Salusalu

Barrister