Peter Kiely ONZM

Peter Kiely ONZM
Partner

+64 9 366 5110
B.A / LL.B
kiely@ktc.co.nz

Peter is a founding partner of Kiely Thompson Caisley and is one of New Zealand’s top employment law practitioners with over thirty years experience in the field of employment and industrial law. In the New Year Honours list 2017 he was appointed an Officer of the New Zealand Order of Merit for services to New Zealand's interests in the Pacific and the law.

 

Peter is one of the few practitioners in New Zealand with real experience under the Industrial Relations Act 1973, the Labour Relations Act 1987, the Employment Contracts Act 1991 and now the Employment Relations Act 2000. He has extensive experience in industrial relations including strikes and pickets. He is admitted to the bar of the Supreme Court of Victoria and Federal Court of Australia and is advisor to many international companies with subsidiaries in New Zealand.

 

In 1999 he was appointed Adjunct Professor of Employment Law at Victoria University of Wellington. Peter has been a member of the University of Auckland Council since 2009 and was Pro-Chancellor from 2012 to 2014. Peter is also a member of the Industrial Relations Centre Advisory Board, which is part of the Victoria University of Wellington Management School. He holds a number of company directorships in private and public entities. He is the Honorary Consul General for the Slovak Republic, Chairman of the Pacific Cooperation Foundation and Pacific Development and Conservation Trust, as well as a member of the Ministry of Foreign Affairs and Trade International Development Advisory and Selection Panel.

Highlights

  • Radius Residential Care Ltd v New Zealand Nurses Organisation Inc [2016] NZEmpC 112.                                                                                                                        

  • Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [2013] ERNZ 504 (Employment Court judgment) and [2015] 2 NZLR 437 (Court of Appeal judgment).

  • Doran v Crest Commercial Cleaning Ltd [2012] ERNZ 221.

  • Eastern Bay Independent Industrial Workers Union Inc v Carter Holt Harvey Ltd (2009) 6 NZELR 552. 
     

  • Olsen v Carter Holt Harvey IT Ltd  [2008] ERNZ 557. 
     

  • Carter Holt Harvey Ltd v Yukich (2005) 2 NZELR 347.

  • NCR (NZ) Corporation Ltd v Blowes (2005) 2 NZELR 673.
     

  • Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239.
     

  • Aoraki Corporation Ltd v McGavin [1998] 3 NZLR 276.
     

  • GFW Agri - Products Ltd v Gibson (1995) 1 NZELR 394.

     
Andrew Caisley

Andrew Caisley
Partner

+64 9 366 5115
+64 21 750 113
B.A / B.COM / LL.B / M.COM LAW (Hons)
caisley@ktc.co.nz

Andrew is a founding partner of Kiely Thompson Caisley and is a highly regarded employment law specialist. Included in his more than 30 years of experience are regular appearances in all industrial and employment forums from the Mediation Service to the Court of Appeal.

 

With experience under the Labour Relations Act 1987, the Employment Contracts Act 1991 and the Employment Relations Act 2000, his practice extends across all facets of employment.

 

Andrew has worked extensively for employers in unionised sectors. In particular he has worked widely in the waterfront and shipping, aviation and transport, pulp and paper, publishing, and manufacturing industries. He has experience in drafting both strike and lockout notices and regularly advises employer clients on industrial action, including pickets, arising from either bargaining or from major restructuring.

 

He was counsel in the leading Court of Appeal decision on summary dismissal for serious misconduct. He has extensive experience in putting together major restructuring exercises. Andrew has also been a regular lecturer at post graduate level at the University of Auckland.

Highlights

  • C3 Ltd v Rail and Maritime Transport Union Inc [2012] NZEmpC 42.
     
  • Port of Tauranga Ltd v Rail and Maritime Transport Union Inc [2012] NZEmpC 41.
     
  • NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Air New Zealand Ltd
David France

David France
Partner

+64 9 366 5113
+64 21 769 800
B.A / LL.B
france@ktc.co.nz

David joined the partnership at Kiely Thompson Caisley in 2005. Throughout his career he has specialised in the areas of employment law, industrial relations and general civil litigation.

 

David’s litigation experience is extensive having represented clients in the Employment Relations Authority, the Employment Court, the Court of Appeal and the Supreme Court. He also represents clients in the District Court and High Court on general civil litigation matters.

 

David focuses on working closely with clients and getting to know their business requirements so that he can provide effective, pragmatic advice which meets the client’s needs. He advises on all areas of employment law including corporate restructuring, compliance issues, disciplinary investigations, restraints of trade and breach of confidentiality issues. David has built up a particular expertise in industrial relations including assisting with collective bargaining, advising on union issues and representing clients in industrial disputes.

 

His clients are involved in a broad range of industries including manufacturing, retail, pulp and paper and aviation. He also has extensive experience in the public sector with a particular focus on health and education. In recognition of David’s expertise in the employment law area he is regularly invited to present at external seminars and conferences throughout New Zealand.

Highlights

  • NZ Amalgamated Engineering Printing and Manufacturing Union Inc v SCA Hygiene Australasia Ltd[2010] ERNZ 162
     
  • Air Nelson Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc [2010] NZSC 53
     
  • SCA Hygiene Australasia Ltd v Pulp and Paper Industry Council of the Manufacturing and Construction Workers Union Inc [2008] ERNZ 301
     
  • Service & Food Workers Union Nga Ringa Tota v Auckland District Health Board [2007] ERNZ 553
Simon Lapthorne

Simon Lapthorne
Partner

+64 9 366 5161
021 535 840
BA(Hons), Dip Law
lapthorne@ktc.co.nz

Simon began working at the firm in 2015 and joined the partnership in May 2017. 

 

Simon has particular expertise in employee relations and dispute resolution, disciplinary investigations, performance management, restructuring and redundancies, restraints of trade and confidentiality. He also has significant litigation experience, including health and safety prosecutions.

 

Simon heads the firm's immigration team. He is experienced in providing immigration advice to employers in relation to intra-company transfers and seconding employees from other countries to live and work in New Zealand. 

 

Simon has gained extensive in-house experience, while on secondment both at a large multinational employer, and a local authority, and he understands the commercial and employee relations issues faced by employers.

 

Simon is solution focussed and provides pragmatic, commercial advice to multinationals, PLC's, SME's and individuals.

 

Simon is also admitted as a solicitor in England and Wales.

Highlights

Scott Worthy

Scott Worthy
Senior Associate

+64 9 366 5119
M.A (Hons) / LL.B
worthy@ktc.co.nz

 

 

 

Scott has broad experience advising on a range of employment issues.  His practice frequently involves advice on restructuring and redundancy, managing employee performance, disciplinary processes and health and safety.  He also provides advice on restraints of trade and privacy law. 

 

Scott provides timely and commercially attuned advice to ensure pragmatic and cost effective solutions for his clients.

 

Should litigation become necessary, Scott has a thorough familiarity with all aspects of employment dispute resolution.  He regularly represents clients in mediations and has appeared before the Employment Relations Authority, Employment Court, Court of Appeal and Supreme Court.

 

 

Highlights

  • "Recent Judicial Guidance on Restraint of Trade Provisions" NZ Employers Bulletin (New Zealand, 2 April 2014).
  • Getting Redundancy Right” NZ Employers Bulletin (New Zealand, 28 May 2013).
  • Caregivers Score Significant Victory” NZ Employers Bulletin (New Zealand, 27 September 2013).
  • Revisiting Stokes Valley: Trial Periods and Statutory Interpretation” (2012) 37 NZJER 70 (June, 2012).

 

Julia MacGibbon

Julia MacGibbon
Senior Solicitor

+64 9 366 5117
B.A / LL.B, LL.M
macgibbon@ktc.co.nz

Julia has experience in civil and criminal litigation after working for the Crown Solicitor's office in Auckland, becoming an intermediate prosecutor prior to joining KTC.  She was admitted as a Barrister and Solicitor of the High Court of New Zealand in September 2011.  Julia studied at Otago University completing a Bachelor of Laws and Bachelor of Arts degree in 2010 following an exchange to Budapest.  She returned to New Zealand and completed her masters in Law in 2011.

 

Julia has acted on behalf of Regulators in both prosecutions and appeals in Tribunals, the District Court and the Auckland High Court.  As well as this, she has also appeared on a variety of criminal matters, including jury trials.

Highlights

Georgina Todd

Georgina Todd
Senior Solicitor

+64 9 366 5114
B.A / LL.B
todd@ktc.co.nz

Georgina completed her LLB and BA at the University of Otago and was admitted as a Barrister and Solicitor of the High Court of New Zealand in 2010.

 

Georgina began her career in the employment team at a top-tier law firm before moving into the health regulation sector, working at both the Office of the Health and Disability Commissioner and as a Senior Manager at one of New Zealand’s largest DHBs. Prior to joining KTC Georgina spent 10 months working as a Legal Fellow for a large international anti-trafficking organisation in South East Asia.

 

Having worked in both the private and public sectors in both legal and senior management capacities, as well as internationally, Georgina brings a unique breadth of experience to KTC. She is passionate about providing pragmatic and client-focused legal services to clients on a full range of employment matters.  

Highlights

Stephanie Ball

Stephanie Ball
Senior Solicitor

+64 9 366 5162
B.A / LL.B
ball@ktc.co.nz

Stephanie studied at the University of Waikato, completing a joint degree in Law and Arts.  She was admitted to the Bar in April 2014.

 

Prior to joining Kiely Thompson Caisley Stephanie commenced her employment law career working with a specialist employment law Barrister.

 

Stephanie has a solutions-focused approach and acts for a wide variety of clients.  She enjoys the challenge of providing sensible and strategic advice tailored to her clients' requirements.

Highlights

Hannah King

Hannah King
Solicitor

+64 9 366 5112
B.A / LL.B (Hons)
king@ktc.co.nz

Hannah completed a Bachelor of Laws (Honours) and a Bachelor of Arts at the University of Canterbury and was admitted as a barrister and solicitor of the High Court of New Zealand in December 2012.

After completing postgraduate music studies in Sydney, Hannah returned to the law and began her career in the employment and litigation teams of a full service law firm in Whangarei.  

Hannah joins Kiely Thompson Caisley with experience acting for and advising clients on a broad range of matters in the Courts, the Employment Relations Authority, at mediation, and on non-contentious matters. 

Highlights

Melanie Nicholas

Melanie Nicholas
Management

+64 9 366 5116
nicholas@ktc.co.nz

Highlights