Solution Driven,
People Focused,
& Pragmatic.
Contact Us
Solution Driven,
People Focused,
& Pragmatic.
Contact Us
Solution Driven,
People Focused,
& Pragmatic.
Contact Us
About
Melissa founded MJ Law after many years of working in leading firms. Melissa was a partner at BE Employment and now consults to BE Employment Law. Melissa is qualified in both New Zealand and the UK, where she spent nine years practising before returning home to focus on helping New Zealand businesses and employees with their workplace challenges.
Clients value Melissa’s down-to-earth, pragmatic approach. She gives advice that is clear, timely, and easy to put into action — always with people at the centre. Her goal is to resolve problems quickly and cost effectively, while helping clients feel supported and confident in the process.
Melissa works with both employers and employees on the full range of employment issues, from day-to-day advice through to complex disputes. She is an experienced litigator who regularly represents clients at mediation and before the Employment Relations Authority. Melissa undertakes workplace investigations and guides organisations through workplace investigations.
Melissa is a sought after speaker and regularly presents at employment law seminars and conferences. Melissa also runs training sessions for HR and management for clients.
Qualifications and Memberships
Bachelor of Arts Criminology and Education
2000
Bachelor of Laws (Honours) Victoria University
2002
Admitted as a Barrister and Solicitor New Zealand
2002
Admitted as a Solicitor in England and Wales
2006
Association of Workplace Investigators AWI certificate holder (AWI-CH) - Utah
Member of the New Zealand Law Society Employment Law Committee
What we do
For Employers
Employment matters go to the heart of any organisation and are often sensitive and personal. Melissa understands the need to find solutions that match your commercial objectives, and culture while maintaining efficient and productive teams.
We Advise On
Read more
Restructures
Performance Management, Misconduct, Serious Misconduct
Restraints of Trade
Personal Grievances
Negotiated Exits Advising
Employment Documentation/Policies
For Employers
Employment matters go to the heart of any organisation and are often sensitive and personal. Melissa understands the need to find solutions that match your commercial objectives, and culture while maintaining efficient and productive teams.
We Advise On
Read more
Restructures
Performance Management, Misconduct, Serious Misconduct
Restraints of Trade
Personal Grievances
Negotiated Exits Advising
Employment Documentation/Policies
For Employees
Melissa understands that employment matters are deeply personal and will help you to strategically navigate the issues you are facing.
We Advise On
Read more
Raising Personal Grievances
Restraints of Trade Issues
90 Day Trial Periods
Negotiated Exits
Advising on Restructures
Representation at Disciplinary Meetings, Investigation and Performance Management Matters
For Employees
Melissa understands that employment matters are deeply personal and will help you to strategically navigate the issues you are facing.
We Advise On
Read more
Raising Personal Grievances
Restraints of Trade Issues
90 Day Trial Periods
Negotiated Exits
Advising on Restructures
Representation at Disciplinary Meetings, Investigation and Performance Management Matters
Investigations
Melissa has completed the certification from the Association of Workplace Investigators in Utah, USA and regularly undertakes workplace investigations as an independent investigator for a large range of companies. She also advises employers who are carrying out internal investigations.
Investigations
Melissa has completed the certification from the Association of Workplace Investigators in Utah, USA and regularly undertakes workplace investigations as an independent investigator for a large range of companies. She also advises employers who are carrying out internal investigations.
Trial Periods
A trial period allows employers to assess whether a new employee is suitable for a role. During this time, an employer may dismiss the employee without the employee being able to raise a personal grievance for unjustified dismissal—provided the trial period is valid. When used correctly, trial periods can be a valuable tool for employers, but they are often challenged. It is therefore crucial to understand when they can be used and what is required.
Key requirements
The trial period clause must meet the requirements in sections 67A and 67B of the Employment Relations Act 2000.
The trial period begins on the employee’s first day of work and may last for up to 90 days.
The employment agreement must clearly state when the trial period starts and how long it will run.
Both parties must agree to and sign the employment agreement before the employee starts work.
The employee must be given a reasonable opportunity to seek independent legal advice.
The employee must be a new hire who has not previously worked for the employer.
During the 90-day period, the employer may dismiss the employee if they are not suited to the role.
The employer must give written notice of dismissal within the trial period, even if the employment end date falls after the 90-day period.
If you have any questions, please reach out.
Upcoming Changes
In September 2024, the Government announced changes to the Employment Relations Act 2000 that will introduce a new gateway test to determine whether a worker is an employee or an independent contractor. These reforms are designed to provide greater clarity for both businesses and workers, and are expected to become law in 2026.
The gateway test will serve as the starting point for assessing employment status. If all criteria are met, the worker will be classified as a contractor. If any criteria are not met, the existing tests will continue to apply.
Under the proposed changes, a worker will be considered an independent contractor if all of the following apply:
There is a written agreement that clearly designates the worker as an independent contractor.
The business does not restrict the worker from providing services to other businesses, including competitors.
The business does not require the worker to be available at specific times or for a set number of hours, and allows subcontracting of the work.
The business does not terminate the contract if the worker declines additional tasks or engagements.
Once the gateway test is formally enacted, business owners should ensure all four criteria are satisfied when engaging someone as a contractor.
Restructures
Employers can only restructure if there is a genuine business reason—such as reducing costs, improving efficiency, or achieving a strategic objective. A restructure cannot be used to remove staff for poor performance or misconduct.
The first step is preparing a business case that explains the purpose, provides relevant information, and outlines expected outcomes. Employees must receive enough detail to give feedback, suggest alternatives, or challenge the proposal.
A fair consultation process is critical. Affected employees should be given reasonable time to review the business case, ask questions, seek advice, and provide feedback. They may have a support person or representative present.
Where an employee's role is disestablished, employers must consider redeployment and consult with the employee on any suitable vacancies.
Trial Periods
A trial period allows employers to assess whether a new employee is suitable for a role. During this time, an employer may dismiss the employee without the employee being able to raise a personal grievance for unjustified dismissal—provided the trial period is valid. When used correctly, trial periods can be a valuable tool for employers, but they are often challenged. It is therefore crucial to understand when they can be used and what is required.
Key requirements
The trial period clause must meet the requirements in sections 67A and 67B of the Employment Relations Act 2000.
The trial period begins on the employee’s first day of work and may last for up to 90 days.
The employment agreement must clearly state when the trial period starts and how long it will run.
Both parties must agree to and sign the employment agreement before the employee starts work.
The employee must be given a reasonable opportunity to seek independent legal advice.
The employee must be a new hire who has not previously worked for the employer.
During the 90-day period, the employer may dismiss the employee if they are not suited to the role.
The employer must give written notice of dismissal within the trial period, even if the employment end date falls after the 90-day period.
If you have any questions, please reach out.
Upcoming Changes
In September 2024, the Government announced changes to the Employment Relations Act 2000 that will introduce a new gateway test to determine whether a worker is an employee or an independent contractor. These reforms are designed to provide greater clarity for both businesses and workers, and are expected to become law in 2026.
The gateway test will serve as the starting point for assessing employment status. If all criteria are met, the worker will be classified as a contractor. If any criteria are not met, the existing tests will continue to apply.
Under the proposed changes, a worker will be considered an independent contractor if all of the following apply:
There is a written agreement that clearly designates the worker as an independent contractor.
The business does not restrict the worker from providing services to other businesses, including competitors.
The business does not require the worker to be available at specific times or for a set number of hours, and allows subcontracting of the work.
The business does not terminate the contract if the worker declines additional tasks or engagements.
Once the gateway test is formally enacted, business owners should ensure all four criteria are satisfied when engaging someone as a contractor.
Restructures
Employers can only restructure if there is a genuine business reason—such as reducing costs, improving efficiency, or achieving a strategic objective. A restructure cannot be used to remove staff for poor performance or misconduct.
The first step is preparing a business case that explains the purpose, provides relevant information, and outlines expected outcomes. Employees must receive enough detail to give feedback, suggest alternatives, or challenge the proposal.
A fair consultation process is critical. Affected employees should be given reasonable time to review the business case, ask questions, seek advice, and provide feedback. They may have a support person or representative present.
Where an employee's role is disestablished, employers must consider redeployment and consult with the employee on any suitable vacancies.
What our clients say
Peter
Melissa Johnston was outstanding to work with. She was highly responsive, provided clear and strategic advice, and guided me through my employment issue with professionalism and care. Thanks to her expertise, we achieved a great result, and I couldn’t recommend her more highly.
Employee
Melissa's advice and support throughout a complex restructure was invaluable. From our very first conversation, she brought a sharp, strategic perspective that gave me complete confidence I was in capable and highly skilled hands during a particularly challenging time. Her legal expertise is outstanding, but what truly sets her apart is her empathetic and professional approach. She was consistently responsive, transparent, and honest about the issues we faced through the process — and always made me feel like I was her most important client. I wouldn’t hesitate to recommend her, and she’ll be the first person I call if I ever need employment support again.
Employee
Melissa showed incredible empathy for my situation, quickly grasping the relevance and implications of every detail. She mapped out a clear strategy to address the immediate issues and set a plan for a successful outcome. Our interactions were always efficient, focused, and to the point, and she helped me identify which parts of the preparation I could handle myself — saving both time and fees. From the start, Melissa provided clear expectations around timelines and costs, meeting every deadline and tailoring her approach to my individual circumstances. She guided me not just legally, but emotionally, helping me understand what was genuinely worth concern and what was simply standard practice. Her empathy and awareness of my mental wellbeing during a difficult time were exceptional. I felt fully supported by someone deeply competent, strategic, and experienced. Knowing she had multiple approaches ready, if needed, was reassuring. Her clear guidance and communication saved me enormous time (and money) and stress. I would have no hesitation recommending Melissa to anyone seeking expert, practical, and compassionate
Ann
I highly recommend Melissa Johnston, an experienced employment lawyer who combines clear, practical advice with strong advocacy. Her professionalism, empathy, and genuine support make her an outstanding choice for anyone facing workplace issues.
Kingspan Insulation New NZ Limited
Every interaction wtih Melissa is a learning lesson that I honestly take seriously and hope not to come back with the same issues. The restructure has ended and gone smoothly. Thank you for every step of the way, you've brought clarity, challenge and I've learned a lot just from the way you've helped us navigate the process. . The restructure is finally done. It wasn't simple - plenty of twists - butting through it with you beside us made all the difference. You didn't just give legal advice; you gave us confidence to do what was right, even when it was hard. That support means a lot - not just to the business, but to me.
Pasifika Medical Association
Melissa Johnston has been an exceptional legal partner to the Pasifika Medical Association Group. Her efficiency, professionalism, and deep understanding of employment and health sector law have been invaluable in guiding us through complex disciplinary matters, patient complaints, restructuring and operational challenges with confidence and care. With her extensive healthcare background and strong networks, Melissa brings a depth of knowledge that aligns seamlessly with the nature of our work and the communities we serve. Her practical, solutions focused approach and ability to interpret the nuances of the health sector have strengthened our internal processes and supported sound decision making across the organisation. Melissa has always provided timely, practical, and well-informed advice on various operational and organisational matters. She is a trusted and respected partner, whose commitment to achieving fair and effective outcomes make her a highly valued and respected partner in supporting the ongoing success of Pasifika Medical Association Group.
Peter
Melissa Johnston was outstanding to work with. She was highly responsive, provided clear and strategic advice, and guided me through my employment issue with professionalism and care. Thanks to her expertise, we achieved a great result, and I couldn’t recommend her more highly.
Employee
Melissa's advice and support throughout a complex restructure was invaluable. From our very first conversation, she brought a sharp, strategic perspective that gave me complete confidence I was in capable and highly skilled hands during a particularly challenging time. Her legal expertise is outstanding, but what truly sets her apart is her empathetic and professional approach. She was consistently responsive, transparent, and honest about the issues we faced through the process — and always made me feel like I was her most important client. I wouldn’t hesitate to recommend her, and she’ll be the first person I call if I ever need employment support again.
Employee
Melissa showed incredible empathy for my situation, quickly grasping the relevance and implications of every detail. She mapped out a clear strategy to address the immediate issues and set a plan for a successful outcome. Our interactions were always efficient, focused, and to the point, and she helped me identify which parts of the preparation I could handle myself — saving both time and fees. From the start, Melissa provided clear expectations around timelines and costs, meeting every deadline and tailoring her approach to my individual circumstances. She guided me not just legally, but emotionally, helping me understand what was genuinely worth concern and what was simply standard practice. Her empathy and awareness of my mental wellbeing during a difficult time were exceptional. I felt fully supported by someone deeply competent, strategic, and experienced. Knowing she had multiple approaches ready, if needed, was reassuring. Her clear guidance and communication saved me enormous time (and money) and stress. I would have no hesitation recommending Melissa to anyone seeking expert, practical, and compassionate
Ann
I highly recommend Melissa Johnston, an experienced employment lawyer who combines clear, practical advice with strong advocacy. Her professionalism, empathy, and genuine support make her an outstanding choice for anyone facing workplace issues.
Kingspan Insulation New NZ Limited
Every interaction wtih Melissa is a learning lesson that I honestly take seriously and hope not to come back with the same issues. The restructure has ended and gone smoothly. Thank you for every step of the way, you've brought clarity, challenge and I've learned a lot just from the way you've helped us navigate the process. . The restructure is finally done. It wasn't simple - plenty of twists - butting through it with you beside us made all the difference. You didn't just give legal advice; you gave us confidence to do what was right, even when it was hard. That support means a lot - not just to the business, but to me.
Pasifika Medical Association
Melissa Johnston has been an exceptional legal partner to the Pasifika Medical Association Group. Her efficiency, professionalism, and deep understanding of employment and health sector law have been invaluable in guiding us through complex disciplinary matters, patient complaints, restructuring and operational challenges with confidence and care. With her extensive healthcare background and strong networks, Melissa brings a depth of knowledge that aligns seamlessly with the nature of our work and the communities we serve. Her practical, solutions focused approach and ability to interpret the nuances of the health sector have strengthened our internal processes and supported sound decision making across the organisation. Melissa has always provided timely, practical, and well-informed advice on various operational and organisational matters. She is a trusted and respected partner, whose commitment to achieving fair and effective outcomes make her a highly valued and respected partner in supporting the ongoing success of Pasifika Medical Association Group.
The Cider Building,
4 Williamson Ave,
Grey Lynn,
Auckland
The Cider Building,
4 Williamson Ave,
Grey Lynn,
Auckland