Melanie Swarbrick - employment law specialist

About

I have many years' experience as an employment lawyer and advocate.

Whether you are an employer or employee, I am confident I can help you in some way. Why not get in touch?

I am a member and Secretary of the Employment Law Institute of NZ Inc.

Story

Melanie comes from a long line of lawyers. Her great great grandfather, Arthur Swarbrick, started practising law in Hamilton in 1893. His son Frederick and grandson Arthur Henry followed in his footsteps. Arthur Swarbrick was active in Hamilton life and many reminders of his influence still exist today.

Melanie studied at the University of Waikato in Hamilton, where the Swarbrick lawyers had lived and worked. She graduated with a Bachelor of Social Science / Bachelor of Laws (with Honours). She was admitted to the Bar in 2006.

Melanie is currently completing a Masters in Law at the University of Auckland and Graduate Diploma in HR Management.

Melanie has worked in a range of legal roles from criminal and conveyancing to working at the Legal Complaints Review Office.

Most recently, Melanie worked as a staff solicitor at Franklin Law in Pukekohe, where she specialised in employment law, civil litigation and criminal law. However her first love is employment law, and in July 2015, she resigned from her role at Franklin Law to set up on her own.

In her experience as an employment lawyer, Melanie found that too many business owners / employers felt that employment law advice was not necessary. As a result, they were ill-prepared for when things went pear-shaped (and it will happen!). She also found that many employees were either unaware of their rights, or unable to afford to assert their rights. As an advocate, she can now provide more flexibility in the cost of services than she could do as a lawyer.

Melanie has represented both employers and employees and has experience in all employment law matters, including:

· contract disputes

· restraints of trade

· restructures / redundancies

· disciplinary matters

· dismissals

· performance matters

· exit packages

· personal grievances and other disputes

· everyday employment matters – tax rates, wages and deductions from wages, public and annual holidays, parental leave, Kiwisaver, final pay etc.

Melanie is a firm believer in the value of early resolution of employment law disputes. Although it’s not always possible (particularly if the other side doesn’t wish to settle), settling disputes early on saves a lot of time, stress and money. And there is real value in being able to settle promptly and move on with your life.

The Ministry of Business, Innovation & Employment (MBIE) provides a free mediation service with highly qualified and skilled mediators, to help parties settle their disputes. Further information about mediation can be found here: https://www.employment.govt.nz/resolving-problems/steps-to-resolve/mediation/

Professional memberships: Melanie is a member (and executive member) of the Employment Law Institute of New Zealand (ELINZ).