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Rachael Judge
BA LLB(Hons) • Auckland
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Rachael advises and represents clients in all aspects of employment and education law, including both contentious and non-contentious matters.
Rachael regularly attends mediations and represents clients in Employment Relations Authority, Employment Court and Human Rights Review Tribunal matters.
Rachael advises on personal grievance claims, restructurings, disciplinary and performance management processes, holiday pay compliance, human rights and privacy, collective bargaining, and investigations.
Rachael also has a depth of experience in education law and acts for several independent and state schools on matters such as terms of enrolment, student disciplinary issues, student human rights claims, school policies and the Children’s Act 2014. She also advises schools in relation to their employment agreements and staff disciplinary issues.
Rachael works closely with her clients to understand their business needs and provide timely and strategic advice.
Rachael is a member of the Auckland District Law Society and the Auckland Women Lawyers Association. She has recently served as a committee member for both organisations.
NZ Lawyer 2020
Rising Star
NZ Law Awards 2019
Young Private Practice Lawyer of the Year - Finalist
Work Highlights
University of Auckland
Defending the University in Auckland in the Employment Court in relation to claims of unjustifiable disadvantage, breaches of contract and breaches of good faith in relation to novel issues involving academic freedom and health and safety brought by Associate Professor Siouxsie Wiles.
University of Auckland
Successfully defending an unjustified dismissal personal grievance claim brought by a former employee in the Employment Court following the restructuring of the School of Music. Successfully defending an application for leave to appeal the Employment Court’s decision to the Court of Appeal, Caddy v Vice-Chancellor, University of Auckland.
API Consumer Brands
Successfully defending a claim by a former employee for interim reinstatement in the Employment Relations Authority, Duder v API Consumer Brands.
Fonterra Co-operative Group
Successfully defended an unjustified dismissal claim (serious misconduct) in the Employment Relations Authority, Frahm v Fonterra Co-operative Group.
University of Auckland
Successfully defended an unjustified constructive dismissal and unjustified disadvantage personal grievance claim brought by a former employee of the New Zealand National Eye Bank in the Employment Relations Authority, Smith v Vice-Chancellor, University of Auckland.
Holidays Act
Advising employers in the public and private sector on Holidays Act compliance and advising on Labour Inspector audits, investigations and enforceable undertakings.
Exit negotiations
Various employers and employees - negotiating exits for senior employees.
Restraints of trade
Advising on restraints of trade and representing employers and employees in relation to the enforcement of restraints of trade.
Investigations
Conducting, and advising on, independent investigations relating to allegations of bullying and employee misconduct for a range of employers.
Collective bargaining
Advising various employers on collective bargaining processes and strategy and attending collective bargaining as part of a bargaining team (including acting as a lead negotiator in relation to a large employer’s first Multi-Union Collective Employment Agreement).
Various State and Independent Schools
Advising on human rights claims and proceedings, including in relation to the application of school rules and claims of discrimination/breaches of the Bill of Rights Act in relation to such rules.
