Associate

Eloise Callister-Baker

LLB / BA
Profile
Eloise is an Associate in the Dispute Resolution Team and specialises in Employment Law

Eloise graduated in June 2016 with a BA/LLB and DipLangC (Chinese) from the University of Otago.  Eloise joined the employment team at Hesketh Henry in 2018, after practicing at a boutique law firm that specialised in working with Chinese clients.

Eloise attends mediations on a regular basis and has appeared in the Employment Relations Authority, Employment Court, the Family Court, the District Court, the High Court and the Court of Appeal.  She is a member of the New Zealand Society of Law and the Auckland District Law Society.

Eloise has written articles on a variety of legal issues for Lexis Nexis’ Employment Law Bulletin, Lexis Nexis’ Dispute Resolution Law Guide and the Restaurant Associations’ Savour magazine.

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Experience

Examples of work completed by Eloise include:

  • Raising and defending personal grievances.
  • Assisting multi-national employers with restructuring and redundancy processes.
  • Assisting large employers through Labour Inspectorate-led payroll audits, including multiple enforceable undertakings.
  • Representing an employer in collective bargaining with a union.
  • Drafting employment agreements and policies.
  • Drafting independent contractor agreements.

Eloise has appeared as sole counsel or junior counsel on a range of Employment Relations Authority, Employment Court and Court of Appeal matters, including:

  • Metropolitan Glass & Glazing Limited v Labour Inspector, Ministry of Business, Innovation and Employment [2020] NZEmpC 39 and CA246/2020. This is a leading Holidays Act 2003 test case.
  • An Employment Relations Authority matter that involved the interpretation and application of two collective agreements and other related issues.
  • An Employment Relations Authority matter that involved a successful application for an interim injunction against an individual to prevent the individual remaining in employment with the employer’s competitor.
  • An Employment Relations Authority matter that involved a disadvantage grievance claim.
  • E Tu Incorporated v Air New Zealand Regional Maintenance Limited [2020] NZERA 278, which involved issues relating to a restructure that affected members of multiple unions.

 

Recommendations
Publications

Insights & Opinion / Eloise Callister-Baker

What happens if my employee refuses to get the COVID-19 vaccination?
While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...
14.04.2021 Posted in Business Advice & COVID-19 & Employment
Court of Appeal Overturns Employment Court’s Decision in Tourism Holdings
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.
26.03.2021 Posted in Business Advice & Employment
COVID-19: Who Takes the Pay Hit When There is Little or No Work During Lockdown?
The COVID-19 situation is a rapidly changing beast. 
18.08.2020 Posted in Business Advice & COVID-19 & Employment
COVID-19 Redundancies: Cutting Corners Courts Censure
The Employment Relations Authority (Authority) has recently issued a determination that considers redundancies implemented due to the Government’s COVID-19 restrictions:  De Wys and Jenney v Solly...
13.08.2020 Posted in COVID-19 & Employment
Cancelled Plans and Future Liabilities: A post lockdown annual holidays FAQ
COVID-19 has not only hit many employers hard in terms of economic impact, it has also confronted employers with many employment challenges that require urgent attention.
04.08.2020 Posted in Business Advice & Employment
Court of Appeal considers the law on notice during a Trial Period… are we all clear now?
In Ioan v Scott Technology NZ Limited, the Employment Court looked at the requirement to give notice during a trial period termination under the Employment Relations Act 2000 (Act). Mr Ioan’s employ...
04.09.2019 Posted in Employment
Compliance Risks in the Construction Industry
Between 2016 and 2022, demand for construction-related occupations is projected to increase by approximately 56,000 employees. Temporary workers provided by third party labour hire agencies have long ...
15.08.2019 Posted in Construction & Employment
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