Rob McStay

Senior Associate Pouarataki Pāhake

Rob is an employment law expert. He is focused on clients’ best interests and enjoys helping them solve complex problems.

Rob is involved with a broad range of litigious and non-litigious work for various private and public sector employers (and senior employees) across several practice areas, including employment, health and safety, privacy & data protection, and immigration advice.

Rob is a trusted adviser to clients. He delivers pragmatic solutions to employment disputes (balancing principles with commercial outcomes). He takes the time to understand clients’ motivations before advising.

Rob supports clients through a range of difference issues ranging from reviewing documents, day to day employment advice, and guiding them through employment processes (disciplinary, performance management, medical capacity, restructuring and redundancy). He regularly advises on workplace investigations, bullying, discrimination, and harassment.

In the dispute resolution space, Rob frequently represents clients at mediations and before the Employment Relations Authority or Employment Court.

Prior to specialising in employment, Rob gained valuable dispute resolution experience working in a general civil litigation team (including appearing in the District and High Courts). Rob’s background holds him in good stead to deal with large litigation matters including, preparing pleadings, briefs of evidence, legal submissions, and working closely with experts and senior counsel.

Career highlights

Assisted EastPack, New Zealand’s largest post-harvest service provider for kiwifruit, with proceedings in the ERA brought by a former employee for unjustified dismissal.

Representing numerous clients in employment mediations, including claims relating to unjustified dismissal, unjustified disadvantage, breach of contract, and workplace bullying.

Assisting clients (including in the Employment Relations Authority) with several disputes from former employees to enforce post-employment restraints of trade.

Advising clients on employment matters in the various stages of corporate transactions, including due diligence, sale and purchase agreement reviews, employee transfers.

Working with clients to successfully navigate complex restructures, including strategic advice and support regarding restructure proposals, consultation processes (including selection processes), redeployment, and redundancies.

Achievements and recognition
  • Tier 1 team, Labour and Employment, The Legal 500 Asia-Pacific
  • Recognised