Matthew Austin

Matt is a senior associate in the firm’s employment and health and safety law group, and advises on all aspects of employment and safety law issues.

Matt is experienced in both contentious and non-contentious employment law issues, including in relation to restructures, disciplinary and performance management processes, negotiated exits, investigations and culture reviews, restraints of trade, privacy and human rights, and day-to-day advisory work.

Matt regularly attends mediations and has appeared in both the Employment Relations Authority and the Employment Court on various employment-law related matters, and on behalf of national and internationally based clients.

Matt is regularly involved in providing employment-related support on commercial transactions. Matt has advised both vendors and purchasers at various stages of the commercial transaction process, including conducting due diligence, drafting and negotiating employment-related provisions of transactional documents, and practical matters relating to the transfer of employees.

Matt also has experience in advising on health and safety matters. This includes assisting clients in the public and private sectors regarding their health and safety obligations, providing support to clients in their interactions with WorkSafe and responding to enforcement action being taken. Matt is also regularly involved in conducting health and safety due diligence for the purposes of commercial transactions.

In addition to his role in the firm’s employment and health and safety law group, Matt also sits on the Board of Trustees for Youthline Auckland Charitable Trust.

Work Highlights

Hynds Pipe Systems Limited

Successful application in the Employment Court for ex-parte search orders against a former employee and a third-party employer, in respect of breaches of employment obligations and misuse of confidential information (Hynds Pipe Systems Limited v Cheng).

HCL (New Zealand) Limited

Successful defence of claims for unjustified constructive dismissal, unjustified disadvantage, and breaches of estoppel, arising from an alleged failure to pay a performance bonus (Hanekom v HCL (New Zealand) Limited).

Fonterra Co-Operative Group Limited

Successful defence of claims for unjustified dismissal and a reinstatement claim, in respect of breaches of health and safety, and food safety quality policies (Hakopa v Fonterra Co-Operative Group Limited).

API Consumer Brands Limited

Successful defence against a claim by a former employee for interim reinstatement in the Employment Relations Authority (Duder v API Consumer Brands).

Fletcher Distribution Limited

Successful defence against an application to join Fletcher Building Limited as a controlling third party to proceedings involving one of its subsidiary entities (Jackson & Ors v Fletcher Distribution Limited).