Partner

Jim Roberts

BCom. LLM (Hons) (1st Class)
Profile
Jim Roberts is a recognised employment law expert, with a wealth of experience.

Jim helps clients develop their strategies around employment issues, including restructuring, performance management and disciplinary processes, personal grievances, holidays, human rights, and health and safety at work.  

As well as providing strategic legal advice, Jim has considerable experience in collective bargaining and union disputes, in industries as varied as aviation, maritime, dairy, meat, finance, electricity, telecommunications and insurance.

Jim also has significant expertise in compliance work – helping clients minimise their exposure to risk, with a particular focus on Holidays Act issues, employment agreements and policies.  He also regularly advises on issues arising from mergers and acquisitions, from strategic advice regarding the transfer of employees, through due diligence to offers of employment.

Clients appreciate Jim’s strategic experience and tactical approach, his strong advocacy, and ability to create solutions that work for the business. 

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Experience

Examples of work completed by Jim include:

  • Guiding a publicly listed company on the managed exit of its CEO.
  • Assisting employers to manage WorkSafe investigations.
  • Advising employers on their obligations when acquiring a business.
  • Supporting an employer to investigate a senior employee alleged to have committed fraud, and managing the subsequent disciplinary process.
  • Working with a large multinational employer to restructure New Zealand operations, including the redundancy of a large number of employees.
  • Assisting a large manufacturer with regard to the implementation of new shifts, including advising on implications for the collective agreement.
  • Leading litigation regarding the correct statutory approach to holidays calculations.
Recommendations
The Legal500 Asia Pacific 2022 Directory individually recommends Partner, Jim Roberts as a 'Leading Individual' in the labour and employment practice area.
Partner Jim Roberts, individually recognised in Band 3 for 2022.
Individually recognised 'Distinguished Practitioner', Labour & Employment 2021.
Publications

Insights & Opinion / Jim Roberts

Supreme Court Confirms Commissions Within Weekly Holiday Pay
The Supreme Court has upheld the Court of Appeal’s decision (although for different reasons) in A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Limited w...
21.12.2021 Posted in Business Advice & Employment
Are you ready for the new Covid-19 Protection Framework?
Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...
02.12.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
Covid-19 Risk Assessment – Vaccines only part of the solution
Vaccine mandates have been the “hot topic” in the news recently.  However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...
01.12.2021 Posted in COVID-19 & Employment & Health & Safety
COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way
For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...
23.11.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
Court of Appeal Overturns Employment Court’s Decision on Discretionary Bonuses in Holiday Pay
The Court of Appeal has overturned the decision of the Full Court of the Employment Court about when employer bonuses are included within holiday pay. The key is whether the employer is contractually bound to pay the bonus.
27.10.2021 Posted in Employment & Regulatory
Supreme Court asserts Employment Relations Authority exclusive jurisdiction
The Supreme Court has recently issued a significant judgment clarifying that the Employment Relations Authority (Authority) has exclusive jurisdiction over claims arising in a “work context”. In d...
09.09.2021 Posted in Business Advice & 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
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