Employment Law Specialists
Hamilton-based law practice, advising employers and employees both locally and nationally. Specialising in employment law and health and safety law.
About
We have extensive experience advising employers and employees
Practica Legal is a boutique law practice that specialises in employment law and health and safety law. Located in Hamilton, Practica Legal advises clients both locally and nationally.
We have extensive experience advising employers and employees in dealing with disciplinary matters, personal grievance claims, performance management, medical incapacity, employee incompatibility, restructuring, redundancy, union negotiations, interpretation of collective agreements, and health and safety policies and compliance.
Practica Legal is honoured to be a NZ law awards finalist for "Employment Law Specialist of the year" four years in a row.
We focus on both proactive advising to avoid employment relationship problems as well as dispute resolution and legal representation once a problem has arisen.
In addition to knowing the employment law field inside and out, our commitment to you is simple:
1. Inform
We will give you all of the relevant up-to-date information you need and, where possible, will give you a range of options. We will ensure that you understand the benefits and risks of each option enabling you to make well-informed decisions that you can be confident are right for you.
2. Listen
We will listen and ascertain from the outset what you are trying to achieve and then plan a strategy with you to ensure you achieve your goal.
3. Communicate
We will keep you fully informed of your matter, even if it is just a quick email to say 'we haven't heard anything back yet but will let you know as soon as we do'. Failure to communicate is one of the most common complaints against lawyers and leaves clients unnecessarily anxious and stressed.
Erin Burke BSc, MSc, LLB (Hons)
Director
Erin is an employment lawyer and the Director of Practica Legal. She has specialised in the employment law and health and safety fields since 2009 and has extensive experience in representing clients at mediation and before the Employment Relations Authority and the Employment Court. She has lectured in employment law at the University of Waikato, School of Law, and has regularly published articles on employment law in NZ Business Magazine, Waikato Times and Waikato Business News.
Erin won the Buddle Findlay Regional Negotiation Competition in 2006 and 2007, the National Negotiation Competition in 2006, was a semi-finalist in the Australasian Negotiation Competition (Melbourne) in 2006 and represented New Zealand in the World Negotiation Competition (Singapore) in 2007, placing 5th overall. She is also a LEADR trained mediator.
Fees
Many people are fearful of seeking legal advice for one main reason: legal fees. This is regrettable as much of the cost in employment disputes could be avoided if parties received sound legal advice from the outset. Employment law is definitely a case of an ounce of prevention being worth a pound of cure!
At Practica Legal, we believe that the traditional law firm charging structure is in need of a serious overhaul, and we are making that happen here. Although we do set out estimates on an hourly basis, that is in order to give clients a rough idea of what things might cost. However, that estimate is off-set by taking a flexible approach relevant to the circumstances of each case, value to the client and the size of the claim. Client satisfaction in our service is essential and we are not just about the money!
For Employers:
A specialist employment lawyer knows what needs to be done and what process to follow to ensure your actions pass the 'fair and reasonable' test of justification. Getting it wrong can be costly, stressful and in some cases, may lead to a public court decision that encourages other employees to file claims against you. In the same way that you wouldn't visit a paediatrician to have your teeth fixed, why would you go to a lawyer specialising in wills and trusts to get employment law advice? Getting expert advice from a specialist employment lawyer from the outset ensures you get the right advice and is cost-effective. After all, why should your fees be increased to upskill your lawyer in a field unfamiliar to them?
For Employees:
Incurring legal fees for an employee who is facing the loss of their job can be particularly daunting. Unfortunately, many are instead seduced into opting for a 'no win, no fee' advocate. You need to be aware that there can be considerable risk with this approach and you may end up with substandard representation and a fee substantially more than you would have faced engaging a qualified employment lawyer with a flexible, reasonable fee structure. An interesting comparison of potential cost using 'no win, no fee' is available here.
Publications and Cases
Erin Burke regularly writes articles on employment law in NZ Business Magazine, Waikato Times and Waikato Business News.
Below are some of the cases where Erin Burke has represented clients in the Employment Relations Authority and the Employment Court.
2016
Tuffey v Vinka Farms Ltd
[2016] NZERA Auckland 320 (Compliance Order and Costs)
Represented: Applicant
Ale v Kids at Home Ltd (No 2)
[2016] NZERA Auckland 267 (Application for Joinder)
Represented: Respondent
Williams v Duncan's Canvas Ltd
[2016] NZERA Auckland 256 (Constructive Dismissal)
Represented: Applicant
Thomson v Arrow Line Marking Ltd
[2016] NZERA Auckland 218 (Unjustified Dismissal)
Represented: Applicant
Ale v Kids at Home Ltd
[2016] NZEmpC 26
Represented: Defendant (Costs)
Walker v SuperSealing Ltd
[2016] NZERA Auckland 72 (Unjustified Dismissal)
Represented: Applicant
Holman v CTC Aviation Training (NZ) Ltd
[2016] NZEmpC (Interlocutory)
Represented: Defendant
2015
Ale v Kids at Home Ltd
[2015] NZEmpC 209 (Unjustified Dismissal) Represented: Defendant
Able Owl XL Ltd v Gladden
[2015] NZEmpC 175
Represented: Plaintiff (Costs)
CTC Aviation Training (NZ) Ltd v Holman
[2015] NZERA Auckland 297
(Training Loan Enforcement)
Represented: Applicant
Able Owl XL Ltd v Gladden
[2015] NZEmpC 166 (Unjustified Dismissal)
Represented: Plaintiff
Tuffey v Vinka Farms Ltd
[2015] NZERA Auckland 27 (Wage Arrears)
Represented: Applicant
Ale v Kids at Home Ltd
[2015] NZERA Auckland 103 (Unjustified Dismissal)
Represented: Respondent
2014
McKee v Livestock Improvement Corporation Ltd
[2014] NZERA Auckland 248 (Unjustified Dismissal)
Represented: Respondent
Murray v CNI Early Education Services Trust
[2014] NZERA Auckland 211 (Unjustified Dismissal)
Represented: Respondent
CTC Aviation (NZ) Ltd v Sinton
[2014] NZERA Auckland 153
Represented: Applicant (Costs)
CTC Aviation (NZ) Limited v Sinton
[2014] NZERA Auckland 45 (Training bond enforcement)
Represented: Applicant
CTC Aviation (NZ) Limited v Sinton
[2014] NZERA Auckland 45 (Training bond enforcement)
Represented: Applicant
2013
Macmillan v Seating to Go
[2013] NZERA Auckland 413
Represented: Respondent (costs)
Kardailsky v Agresearch Ltd
[2013] NZERA Wellington 3 (Unjustified dismissal)
Represented: Respondent
Harris v Kawerau Social Services Trust Board
[2012] NZERA Auckland 439
Represented: Respondent (costs)
2012
Harris v Kawerau Social Services Trust Board
[2012] NZERA Auckland 371 (Unjustified dismissal, out of time application)
Represented: Respondent
Harris v Kawerau Social Services Trust Board
[2012] NZERA Auckland 371 (Unjustified dismissal, out of time application)
Represented: Respondent
KARDAILSKY V AGRESEARCH LTD
[2012] NZERA Wellington 121 (Interim reinstatement)
Represented: Respondent
GARVIN V PROGRESSIVE EQUIPMENT LTD
[2012] NZERA Auckland 265
Represented: Respondent (costs)
GARVIN V PROGRESSIVE EQUIPMENT LTD
[2012] NZERA Auckland 101 (Constructive dismissal)
Represented: Respondent
2011
Blackmore v Honick Properties Ltd
[2011] 9 NZELC 93,980; (2011) 9 NZELR 306 (EMC)
(90 day trial period dismissal)
Represented: Defendant
Martin v Easy Mind Waikato Ltd
[2011] NZERA Auckland 463 (Unjustified dismissal)
Represented: Respondent
Prasad v Breakspeare Industries Ltd t/a Coastline Property Services
[2011] NZEmpC 90 (Appeal against ERA decision)
Represented: Defendant
New Zealand Dairy Workers' Union Inc v Tatua Co-Operative Dairy Company Ltd
[2011] NZERA Auckland 273 (Interpretation of collective employment agreement)
Represented: Respondent
Prasad v Breakspeare Industries Ltd t/a Coastline Property Services
[2011] NZERA Auckland 164
Represented: Respondent (costs)
Prasad v Breakspeare Industries Ltd t/a Coastline Property Services
[2011] NZERA Auckland 39 (Constructive dismissal)
Represented: Respondent
Testimonials
Erin has provided our organisation with legal advice on a number of employment related matters since 2011. Since then she has taken the time to build a good understanding of our industry and organisation. We rely heavily on her for legal advice when required, which has always been of great value to our team. We are more than happy to recommend her services.
Pathology Associates Limited
www.pathlab.co.nz
I have consulted with Erin on various legal issues and found her to be extremely personable and her legal advice to be pragmatic and rooted in the real world. She gets results without any pomp or drama and adds real value to your organisation through strong implementation of the most appropriate legal strategy executed in the most cost effective manner. I recommend her highly.
David Tomlinson
Founder at ThrillCapital & ThrillPledge
Initially referred to me by another legal firm, I found Erin to be professional, efficient, trustworthy, fair and loyal to my legal needs. I trusted in Erin’s professional judgement and gained a positive outcome in a very short time.
BT (employee)
Practica Legal
6 River Oaks Place
Hamilton 3200
New Zealand
Mobile: 027-459-3375
E-mail: erin@practicalegal.co.nz
