What actually happens behind the scenes when workplace conflict escalates into investigations, mediation, or litigation?

In this episode of HR Unlocked, Lisa Oakley sits down with leading employment lawyer Daniel Erickson to unpack the realities of employment relations, workplace disputes, serious misconduct, and legal risk in New Zealand organisations.

With decades of experience advising employers, senior executives, and organisations across complex employment matters, Daniel shares practical insight into how leaders should approach conflict, investigations, mediation, settlement negotiations, and litigation strategy.

This conversation explores the tension between legal process, commercial realities, organisational values, and human behaviour — including why many disputes escalate unnecessarily, how ego and principle shape outcomes, and why early pragmatic decision-making often matters more than “winning”.

From serious misconduct and drug testing to cultural reviews, litigation risk, and evolving employment law reform, this episode offers grounded, highly practical advice for HR professionals, leaders, and business owners navigating difficult workplace situations.

What You’ll Learn

• What makes an effective employment lawyer and advisor

• How lawyers help organisations make decisions during workplace disputes

• When organisations should litigate — and when they shouldn’t

• Why principle, ego, and emotion often escalate conflict

• The realities of mediation and settlement negotiations

• How the recent serious misconduct law changes impact employers and employees

• The relationship between employment law and health and safety obligations

• Why cultural reviews are increasingly important in workplace investigations

• How organisations should approach bullying, harassment, and misconduct allegations

• The role AI is beginning to play in employment relations disputes

Key Takeaways

• Most workplace disputes are better resolved early rather than litigated

• Good advisors balance legal risk with commercial and operational realities

• Employment law decisions are rarely black and white

• Strong investigations require objectivity, procedural fairness, and evidence

• Health and safety obligations heavily influence employment decisions

• Principle-based litigation can become extremely costly for organisations

• Mediation is often about resolution, not “winning”

• Human judgement and pragmatism remain critical despite legal and technological change

About Daniel Erickson

Daniel Erickson is a Partner at Tompkins Wake and leads the firm’s Employment and Health & Safety practice group.

He advises employers, senior executives, and organisations across a wide range of employment relations, workplace investigations, health and safety, litigation, and organisational risk matters.

Daniel has extensive experience representing clients in the Employment Relations Authority and Employment Court, as well as advising on serious misconduct, bullying and harassment complaints, executive exits, industrial relations, and workplace investigations.

Recognised in both Legal 500 and Doyles Guide, Daniel is widely respected for his pragmatic, commercially grounded approach to complex employment issues.

Why This Episode Matters

If you’re a leader, HR professional, business owner, or people leader dealing with workplace conflict, investigations, serious misconduct, or organisational risk, this episode offers practical insight into how experienced employment advisors approach high-stakes situations.

It’s an honest conversation about the realities of workplace disputes, the importance of good judgement, and how organisations can navigate difficult issues without unnecessarily escalating cost, conflict, or risk.

Resources & Links

• Tompkins Wake

• Daniel Erickson | LinkedIn

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