3rd Annual Employment Law Intensive
Date: Tuesday 13 March 2018
Time: 9.00am to 5.15pm
Venue: Stamford Auckland, 22 - 26 Albert St Auckland
Attend and earn 7 CPD hours
The need to stay on top of the countless things that can go wrong in any workplace is only exacerbated by the many recent legislative changes and legal developments that simply must be considered, understood and addressed. Our experts will ensure you stay on top of the most important issues in employment law with a day of practical and timely insights into the latest in workplace law.
Session 1: Legislative Update and Key Developments
Chair: Rob Towner, Partner, Bell Gully; Preeminent Employment & WHS Lawyer, Doyle's Guide 2017
Recent and Upcoming Legislative Changes in Employment Law
An overview and analysis of the significant changes to employment law undertaken and promised by the Labour/NZ First/Green coalition government, including changes to:
- Potential challenges involving trial periods
- Unions and collective bargaining
- Parental leave
- Compulsory redundancy compensation
- Rights of contractors
- Industry wide Fair Pay Agreements
Presented by Sherridan Cook, Partner, Buddle Findlay; Tier 1 Employment, Legal 500 2017
Industrial Relations Policies
- How 2016 legislation is working in practice
- Recent decisions of the Supreme Court
Presented by Catherine Stewart, Barrister, Chancery Chambers; Employment Lawyer of the Year, New Zealand Law Awards, 2013
Pay Equity: The Current Framework and Future Claims
- Pay equity vs equal pay: the critical differences
- The current pay equity framework (as interpreted in Terranova, the aged care worker case)
- The Equal Pay Amendment Bill
- What you should do now to prepare for pay equity claims
Presented by Kylie Dunn, Partner, Russell McVeagh
The Holidays Act: It's no... Holiday
- Annual holidays: the 'working week', paying 8%, and what to do when work patterns change
- 'But it's discretionary!' Bonuses, redundancy and holiday pay
- Tricky issues with public holidays, sick leave and bereavement leave
- Dealing with rostered employees and overtime
- Beware the Labour Inspector: correctly recording your compliance
Prepared by Charlotte Parkhill, Partner, Kensington Swan
Health and Safety Law Update
- Key developments and trends in health and safety law
- Lessons from WorkSafe in action
- Lessons from the courts so far
Prepared by Grant Nicholson, Partner, Kensington Swan; Recommended Employment & WHS Lawyer, Doyle's Guide 2017; Tier 2 Employment, Legal 500 2017; Member of the Advisory Board to the New Zealand Institute of Safety Management
- Stay up to date with recent developments and legislative changes in health and safety law including employee discipline and termination
- Gain a thorough understanding of the Holidays Act and the 2016 Industrial Relations policies and how they are working in practice
Session 2: Employee Conduct, Termination and Contractual Issues
Chair: Daniel Erickson, Partner, Douglas Erickson; Recommended Employment & WHS Lawyer, Doyle's Guide 2017
Employee Termination and Discipline
- Legal developments in the area of process and justification for dismissal
- Disciplinary issues: managing illegal conduct by employees
- An update on suspension
- Options and considerations for recording agreements to settle on exit
Prepared by Emma Butcher, Partner, Langton Hudson Butcher; Recommended Employment & WHS Lawyer, Doyle's Guide 2017
Workplace Bullying and Harassment: Minimising the Risks
- What constitutes workplace bullying and harassment?
- WorkSafe New Zealand Bullying Guidelines
- Situations in which workplace bullying and harassment can arise in the workplace
- What steps can and should be taken to minimise the legal risks?
- What are the legal consequences of a breach?
- Recent case law
Prepared by John Rooney, Partner, Simpson Grierson; Leading Employment & WHS Lawyer, Doyle's Guide 2017
Employment Issues Arising from Restructures
- Processes and procedures: know and avoid the traps
- Dismissal: getting the process right
- What to do when a claim of unfair dismissal arises? Practical ways to resolve claims quickly
- Recent cases
Prepared by Luana Nickels, Senior Associate and Edwin Sheppard, Solicitor, Anthony Harper
Employment Agreements: Tips and Traps
- Trial period provisions: the minimum requirements
- Confidential information: how to protect it
- Restraints of trade: timing, scope, and duration
- Deduction and liquidated damages clauses: the requirements
Presented by Robbie Bryant, Barrister, Blair Edwards - Employment Lawyers; Chancery Chambers (Auckland) and Blackstone Chambers (Hamilton)
- Gain insights on minimizing the risk of bullying and harassment in the workplace
- Consider critical issues in employment agreements and restructures
Chair: Rob Towner
Rob leads Bell Gully's employment law practice. He advises on employment agreements, employment aspects of commercial transactions, dismissals, discrimination, redundancy, restraint of trade and labour disputes. Rob is very experienced in industry restructuring (including waterfront, forestry, retail and transport industries). Rob has extensive trial, mediation and arbitration experience. He was recently a member of the Executive Council of the Global Employment Institute and has been Chairman of the Employment and Industrial Relations Law Committee of the International Bar Association (IBA) - the largest international association of lawyers. Rob is a part-time lecturer in employment law at the University of Auckland. He regularly speaks at employment law seminars and conferences. He is a trained mediator. Rob is the author of the New Zealand chapter in four international textbooks on employment law. Chambers Asia Pacific 2014 ranks Rob as a leading employment lawyer and he is described as "very impressive, with a wealth of knowledge and solid experience." The previous edition noted that he was one of "the most experienced employment practitioners in the country," and highlighted his ability "to think outside the square." Asia Pacific Legal 500 2014 also lists Rob as a leading individual and praises him as being "extremely knowledgeable" while the previous edition stated he was "one of the best employment law practitioners in the country."
Sherridan Cook is a partner at Buddle Findlay. He leads the Auckland litigation and employment and health and safety teams, and has specialised in these areas for over 20 years. He enjoys advising on all aspects of the employment relationship, providing strategic industrial relations advice and assisting in resolving contentious employment matters, including personal grievances and confidentiality and restraint of trade disputes, together with health and safety compliance and prosecutions. He has extensive experience as a commercial litigator and regularly appears in the employment and civil courts, and at arbitrations and mediations. He is Consultant Editor for Health and Safety Law Made Easy (2016) and will be Consultant Editor on the 2017 edition of Employment Law Made Easy (both published by LexisNexis).
Specialising in all areas of employment law, Catherine has 20 years' experience as an employment and litigation lawyer. She joined the independent bar as a barrister sole in 2012, having held senior roles in employment law including at partnership level in a major city firm. She also has significant experience in civil and commercial litigation.Catherine has successfully argued several high profiles cases, including a landmark case on stress in the workplace in the Employment Court; and a landmark case on freedom of association, for which she was appointed "amica curiae" (advisor to the court) by the Employment Court and the Court of Appeal. In 2014 Catherine won a Court of Appeal case overturning a prior costs decision in longstanding and complex litigation which spans both the employment and civil jurisdictions. In 2015 she successfully defended a wide range of claims against her client in the Employment Court including breach of confidence, breach of good faith and fidelity and breach of employment agreement. Catherine holds a Bachelor of Laws with Honours and a Bachelor of Arts in languages. She was admitted to the bar of the High Court of New Zealand in 1990. A regular presenter and writer on topical employment law issues, Catherine is a member of the New Zealand Bar Association, the New Zealand Law Society and the Auckland District Law Society Inc. Catherine is the Convenor of the Auckland District Law Society Inc Employment Law Committee, a committee which represents practitioners in regular meetings with Judges, members of the Employment Relations Authority, mediators, Government departments and other employment-related institutions such as trade unions.
Kylie Dunn is a partner in Russell McVeagh's Litigation team, specialising in employment law. She has advocacy experience at all levels of the court system. Kylie's practice encompasses advice on all aspects of employment relationships with a particular focus on issues that arise with unions, the protection of confidential information, personal grievances (including misconduct and redundancy), and employment issues arising in relation to the sale of a business. As well as her employment law practice, Kylie also advises on issues arising under the Holidays Act, Privacy Act , Human Rights Act, and Health and Safety at Work Act.
Charlotte Parkhill is a Senior Associate at Kensington Swan who provides advice on all areas of health and safety and employment law. Charlotte provides front-end guidance on health and safety systems, which is becoming increasingly important in light of the upcoming changes and duties on employers under the proposed Health and Safety at Work Act. She also assists clients to respond to incidents in the workplace and work effectively with the regulator. Charlotte has previously worked as a criminal prosecutor, which provides her with significant insight into working with regulators to obtain the best outcome for her clients. She has substantial experience in the criminal, civil and specialist employment jurisdictions and has appeared for clients in sentencings, defended hearings and criminal jury trials in the District Court and High Court. Charlotte is regularly asked to speak at conferences and to provide bespoke in-house training to her clients. She is also recommended by the international legal directory, The Legal 500.
Grant Nicholson is recognised as one of New Zealand's leading lawyers in the health and safety area, and has over 20 years' experience. Grant helps clients with a range of health and safety matters including leadership and culture issues, health and safety management processes, serious incident investigations, and representation during interaction with regulators and the courts.
Prior to forming Douglas Erickson with Jo in 2016, Daniel Ericksonwas a Partner in another specialist employment law firm for over five years. Daniel has a reputation for providing pragmatic, timely and easy to understand advice. Clients appreciate his helpful, straightforward and concise approach to employment law problem-solving. Daniel assists employers in a wide range of industries, including manufacturing, freight and logistics and retail. He enjoys working collaboratively with his clients, gaining a thorough understanding of them and their business. Daniel has also assisted a number of senior executives and CEOs in negotiating the commencement or the ending of their employment. Daniel regularly appears on behalf of his clients in the Employment Relations Authority and the Employment Court. He also frequently represents clients at mediation. Daniel also has expertise in health and safety. He assists clients in relation to complying with their legal obligations under health and safety legislation. He also works with clients following health and safety incidents, during WorkSafe New Zealand investigations and has appeared in the District Court in relation to health and safety prosecutions.
Emma Butcher has been a partner at specialist employment law firm LangtonHudsonButcher for a decade, having joined the practice from partnership of a leading national firm. Emma is trusted advisor for employer clients, focussing on commercial resolution of complex employment law issues as soon as possible after they arise. She regularly appears as counsel in the relevant employment jurisdictions.
John Rooney is a partner in Simpson Grierson's employment law group. He specialises in industrial and employment law and health and safety. John advises many of New Zealand's top companies on employment law issues. These include disciplinary and personal grievance hearings, collective bargaining, disputes between unions and employers, employment contracts and service agreements, termination packages, workplace-related stress and injuries, restrictive covenants, confidentiality, business reorganisations, redundancy programmes, mergers and acquisitions, and superannuation (including KiwiSaver). He also advises on consultancy, agency, and other atypical working arrangements. John has advised major organisations on health and safety including acting in relation to investigations and prosecutions. John regularly attends mediations. He frequently represents clients in the Employment Relations Authority and Employment Court.
Luana Nickles is a specialist employment lawyer with extensive experience working in both New Zealand and abroad. She previously worked in a top-tier Australian firm where she acted in a number of significant high- profile disputes. Luana acts for both public and private sector clients on all aspects of workplace laws, contentious and non-contentious. She has particular expertise in employment, industrial relations and health and safety laws.
Robbie Bryant is an Associate at Blair Edwards, Employment Lawyers which has offices in Auckland, and Waikato. The practice assists clients nationally, including the Auckland and greater Bay of Plenty regions. Robbie frequently represents clients in negotiations and mediations, and appears before the Employment Relations Authority. He advises on all areas of employment law including exit arrangements, restraint of trade issues, redundancy/restructuring procedures, the Holidays Act 2003, internal investigations and disciplinary/dismissal processes. He has contributed to NZ Business Magazine, and assisted the College of Law with developing practical employment law modules for practitioners. Robbie also provides in-house training for employers on all areas of employment law.
Stamford Plaza Auckland
Ground Floor, 22 - 26 Albert St
The Stamford Plaza Auckland is a short 5 minute walk from the main
train/bus station Britomart. There is onsite valet parking, charged at a rate
of NZ$45 per car. Alternatively there are numerous public car parks in the
area including Challenge House, 1/3 Wolfe Street.
Parking is not included in the registrartion fee and price is subject to
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