Who would have thought a lawyer and a consultant could work together; solving problems for the same client at the same time, helping businesses succeed? The team at Norris Ward McKinnon recognises that the financial success of a business requires optimising the performance of people within it.
Employment law and Human Resource management are often seen as having very little in common, operating at opposite ends of a business continuum.
Traditionally, a
n employment lawyer acts as the ambulance at the bottom of the cliff when something goes wrong, keeping employers out of court and minimising the financial impact of personal grievances. Alternatively, an HR Manager is generally tasked with managing the day-to-day people component of the business, calling on the advice of the employment lawyer only when things go bad.
Fortunately over the last year, Norris Ward McKinnon has been bridging this gap, establishing a Team of employment experts, from both sides of the spectrum, who focus on understanding client business, anticipating issues, and creating employment solutions that work.
DOUBLE ACT
Partner Gillian Spry and HR Manager Carmen Simmonds play a leading part in the Employment Team at Norris Ward McKinnon.
Gillian has 15 years experience in advising clients on employment law. This includes everything from disciplinary matters to restructuring, and representing clients in mediation, the Employment Relations Authority and the Employment Court.
Carmen has over eight years HR experience in a range of industries, including manufacturing, agriculture, corporate, local government and professional services. Carmen advises clients on a variety of HR matters including
performance management, recruitment, behavioural assessment, remuneration, training, team building and out-placement support.
This ‘double act’ has proven very valuable for Norris Ward McKinnon’s clients. Because employment issues in business are by their very nature people issues, things are not always black and white, and there are often a range of interrelated issues to consider in deciding what approach to take, which is specific to each situation arising.
Gillian explains, “Recently I had a client come to me, with problems in their management team. We could have begun a performance management process and taken disciplinary action with individual members of that team, but that may not have achieved the client’s ultimate goal, which was to have the team working harmoniously. Instead, Carmen facilitated a resolution with the team, and things for the client are functioning more smoothly now as a result.”
Another client, a substantial employer in the Waikato needed their help to address issues around a restructure and bedding in a new culture as a result of this. Gillian and Carmen worked together to successfully achieve staff buy-in and ensure a smooth transition through a potentially risky period.
TAILORED ADVICE
The Norris Ward McKinnon Employment Team agrees that understanding their client’s business needs is crucial to providing tailored advice. 
Gillian describes how deciding to dismiss an employee for serious misconduct in a situation which is relatively clear cut from a legal perspective, may result in a personal grievance action and resultant cost even if the employee has no chance of being successful. Other broad implications for the business need to be considered, in terms of impact on other staff, lost time, opportunity (and also cost) of recruiting and training a replacement, and the process of improving policies and procedures to increase effectiveness and reduce business risk. In giving advice Gillian takes all of this into account, and considers from a strategic viewpoint – what are the needs of this business at this time.
On-site visits give additional insight into the daily challenges businesses face and members of the Team regularly meet with clients at their premises for meetings. Client feedback has been very positive. As one client says “having the advisors come to us is a big help – we are running a small operation, and can’t afford too much downtime away from the business.”
MANAGE THE RISK
As an employer, learning to avoid and manage the risk of employment issues is essential, as high costs can ensure if issues are left spiralling out of control.
One of the ways Carmen’s expertise is available to businesses without an HR management resource is to spend a period of time with a client on a regular basis on secondment. “One of the benefits of secondment”, says Carmen, “is that I am able to provide hands on, pragmatic training to Managers, to enable them to carry out their own human resource functions confidently. My secondments to clients provide as much or as little help as they need, which can be helpful to clients without a full time HR management resource. The result is that following a period of secondment, the business no longer needs my services on a regular basis, and I then step back and provide advice on an “as-need basis.”
Carmen and Gillian are a compelling double act, working closely together to ensure clients get the very best of both human resources and employment law support, to fit the particular situation. Working together in this way ensures that clients are provided with holistic solutions.
Norris Ward McKinnon is the first Law Firm in the Waikato to provide this full range of employment service. The Employment Team gives practical advice and assistance in navigating the grey areas, to help businesses safely achieve their goals, or as the Team’s new catch line says, they provide “Employment Solutions for People in Business”.
KEY POINTS
- Optimise your people resource and help your business succeed
- Unlock the talents of your people
- Be clear about your expectations of staff
- Manage employment issues so they don’t cost you a fortune
- Understand employment issues are people issues, so things aren’t always black and white
