Gerard is the Senior Legal Counsel (Employment) in New Zealand with more than 10 years’ experience in employment law and civil litigation. Prior to joining Source, Gerard practised employment law and civil litigation with New Zealand and international law firms servicing a wide range of clients from small businesses to large international corporations across a range of industries as well as representing individual employees in disputes resolution.

Gerard advises employers and employees on all aspects of employment law. This includes recruitment, employment agreements, 90-day trials, independent contractor arrangements, employment policies, disciplinary investigations, restructuring and redundancy, terminations, personal grievances, medical incapacity, restraints of trade, discrimination, bullying, and harassment.

Gerard also assists clients with litigation (dispute resolution) providing high-quality, specialised representation at mediation, the Employment Relations Authority and the Employment Court. Gerard utilises his background in business management and legal practice to bring a pragmatic and solutions-focused approach to dispute resolution.

Gerard is a regular media commentator on employment law issues (including for the National Business Review, The New Zealand Herald and Stuff).

“I enjoy problem solving and helping people to achieve their goals. Being a lawyer with specialised experience and knowledge of employment law enables me to assist clients by guiding them through sometimes unfamiliar and complex legal rules and processes towards a clear, cost-effective and practical outcome.

I have a friendly and empathetic client-centred and solutions-focused approach to employment advice and dispute resolution utilising highly effective communication and negotiation skills focusing on pragmatic and cost-effective outcomes tailored to suit individual client needs. 

My experience of working across a range of different industries including tourism, hospitality, telecommunications, sport and recreation, education, as well as being a business owner has given me an ability to relate to people from all different backgrounds as well as an in-depth knowledge of how businesses operate and the different pressures they face.

When employment issues become disputes, I have considerable experience of the employment litigation process and maintain a focus on resolving disputes at the optimal stage to ensure the best possible outcome for my clients in the circumstances.” 

Gerard’s recent advisory highlights:

• Successfully advising employer clients on business restructuring and redundancy processes – minimising the risk and costs of disputes.
• Negotiating an out of court settlement of high-profile Employment Court claim.
• Assisting an IT client with managing their employment obligations during the company’s acquisition by a ‘big four’ global accounting firm.
• Negotiating settlement of alleged Health & Safety breaches against a NZ franchisee of an international fast-food corporation – averting the risks of litigation, prosecution and negative publicity.
• Negotiating settlement of multiple serious harassment allegations against a senior executive in a major public institution.
• Representing senior academic staff in legal challenge to a university’s proposed restructuring and redundancy process

Gerard’s recent litigation cases:

• CAC v Respondent (name suppression order) DT2023-12 Decision date: 04.03.2024.
• Supercity Towing Limited v Huch [2023] NZEmpC 205.
• Tyer v Chief Executive of the Department of Corrections [2023] NZERA 295.
• Singh v Nikhil Himalaya Holdings Limited and Ors [2023] NZERA 165.
• Nasar v Expert IT Group Limited and Anor [2022] NZERA 643.
• Moeno v Ateya Construction Limited and Anor [2022] NZERA 435.
• Fitzpatrick v Kiwi English Academy Limited and Ors [2022] NZERA 396.
• Silva v Te Rito Foundation Limited and Anor [2022] NZERA 337.
• Pehi v Metallic Sweeping (1998) Limited [2022] NZERA 56.

Expertise

Gerard has experience advising on all aspects of employment law with a focus on:

• Independent contracting arrangements
• Restructures and redundancies
• Disciplinary investigation processes
• Medical incapacity
• Restraints of trade
• Personal grievances
• Mediation
• Employment litigation (dispute resolution)
• Settlement negotiations

Qualifications

• Bachelor of Laws (First Class Honours) – Auckland University of Technology
• Bachelor of Arts (First Class Honours) – University of Auckland
• Master of Arts (Honours) – University of Auckland

Get to know Gerard

In his spare time, Gerard enjoys the beach, open-water swimming and exercising his greyhound.