Professional Qualifications

Areas of expertise

Some of Karen's major projects

• Representing employers in defending personal grievance and dispute claims in the Employment Relations Authority and the Employment Court
• Advising on, and implementing, major organisation restructuring
• Preparing collective bargaining strategies, providing legal opinions and advice on bargaining issues, and representing employers as an advocate during bargaining meetings
• Drafting and reviewing employment agreements, including CEO and senior executive employment agreements
• Reviewing and drafting HR policies and procedures
• Providing legal opinions and strategic advice on a wide range of employment law issues
• Providing practical advice on Holidays Act issues
• Advising employers on implementing disciplinary processes and dismissing employees
• Advising on the Privacy and Official Information Acts
• Drafting health and safety policies and conducting training courses on meeting OSH requirements

Karen has most recently acted for Unilever New Zealand, AMP, New Zealand Post, the New Zealand Lotteries Commission, Qantas Airways Limited, and the Department of Corrections, defending claims in the Employment Relations Authority, the Employment Court and the Court of Appeal.

Cases where Karen has acted for employers

• Dean v IHC (1996) - counsel to IHC in the Employment Tribunal in defending a constructive dismissal claim
• Lenart v Massey University (1996) - acted for Massey University in defending an unjustified dismissal claim by university lecturer dismissed for sexual harassment
• Rasch & Ors v The Wellington City Council (1996) - junior counsel to the Wellington City Council in the final aspects of defending a claim for compensation in technical redundancy situation
• Billing & Ors v The Wellington City Council (1996) - acted for the Wellington City Council in seven day hearing on an application for a declaration regarding hours of work in a collective employment contract
• Fernhill Stud v Roberts (1996) - counsel to Fernhill Stud in an appeal to the Employment Court
• Mallia v ARCIC (1997) - acted for the employer-party (Wellington City Council) in defending an ACC claim for "sick building syndrome"
• The Wellington City Council v ARCIC (1997) - represented the Council defending an injury claim for OOS
• Hammond v Department for Courts (1998) - managed the litigation of this case for the Department
• Foote v Department for Courts (1999) - counsel to Department for Courts in a contractual dispute
• Eaton v Department of Corrections (2000) - counsel to Department of Corrections in an arrears of wages claim
• Goodall v Department of Corrections (2001) - counsel to Department of Corrections in injunction and interlocutory proceedings, transfer of case and hearing of the substantive claim in Employment Court
• Beardsley v Canpac International Ltd (2001) - counsel to Canpac International (a Dairy Board subsidiary) in Employment Relations Authority investigation into unjustified dismissal claim
• Dodds v Department of Corrections (2002) - counsel to the Department of Corrections in a 3 day Employment Tribunal hearing of an unjustified dismissal claim
• Travers-Jones v Ministry of Maori Development (2002) - counsel to the Ministry of Maori Development in Employment Relations Authority and Employment Court hearings (5 days in total) of an unjustified dismissal claim
• Purcell v Qantas Airways Limited (2003) - counsel to Qantas Airways Limited in the Employment Relations Authority (2 days) defending a personal grievance claim for unjustified dismissal and disadvantage
• Moeke v New Zealand Post (2004) - represented New Zealand Post in defending a dismissal case in the Employment RelationsAuthority
• Neilson v Department of Corrections (2004) - counsel to the Department of Corrections in defending a medical retirement case in the Employment Relations Authority
• Kirkwood v On Gas Limited (2004) - counsel to an NGC subsidiary in the Employment Relations Authority defending a dismissal of an employee for intoxication at work
• Merchant v Department of Corrections (2005) - represented the Department in an Employment Court application
• Eade v Department of Corrections (2006) - counsel to the Department of Corrections in defending an unjustified disadvantage claim in the Employment Relations Authority
• Brown v Department of Corrections (2006) - counsel to the Department in defending an unjustified dismissal claim
• Long v New Zealand Lotteries Commission (2006) - represented NZ Lotteries in defending a holiday pay claim in the Employment Relations Authority
• Field v Department of Corrections (2006) - represented the Department of Corrections in defending an unjustified dismissal claim
• Trotter v AMP (2006) - represented AMP in defending a personal grievance arising out of a restructuring
• Paewai v Te Mangai Paho (2007) - acted for Te Mangai Paho (the Maori Broadcasting agency) in defending a case where a manager was dismissed for bullying
• Department of Corrections v Tawhiwhirangi (2007) - counsel to the Department in an 8 day Employment Court hearing
• Mitchinson v Department of Corrections (2007) - acted for the Department of Corrections in the Employment Relations Authority on a dismissal case
• Jessop v Department of Corrections (2007) - represented the Department in defending an unjustified disadvantage case
• Dickson v Unilever New Zealand (2009) – counsel for Unilever in Employment Court proceedings arising from a medical retirement
• Solomon v Department of Corrections (2009) – acted for the Department in defending an interim reinstatement application
• Waitai, Ese & Kennedy v Department of Corrections (2009) – counsel for the Department in a 90 day case (whether a grievance was raised in time) in the Authority (currently on appeal)
• Corrections Association of NZ v Department of Corrections (2009) – acted for the Department in a four day Authority case, defending a contractual dispute claim arising from shift changes in prisons
• Corrections Association of NZ v Department of Corrections (2009/2010) – represented the Department in the Employment Court and Court of Appeal in a significant case concerning the double-bunking of prison cells

Convenor, Employment Law Committee of the New Zealand Law Society (Wellington Branch)

Previous Vice President, Employment Law Institute

Member, Human Resources Institute of New Zealand

Member, New Zealand Institute of Management

• Employment Mediation - A Guide to the Mediation Process in New Zealand
  Chauvel C. and Spackman K. Brookers (2005)
• Introducing the Incapaci-matrix – the simple 10-step plan to rid yourself of workplace incapacity, Kynaston, H and Spackman, K; New Zealand Law Society Employment Law Conference (2008)