Session 1: Stream B: Employment and Work Health & Safety

Session ID: 183NZW01B
Date: Thursday, 01 March 2018
Time: 07:30am - 10:30am
Venue: The InterContinental Wellington, Level 1, 2 Grey St, Wellington

Face to face


Standard $405.00

Also available as

WEB183NZW01B Live Web Seminar


Session Content

Date: Thursday 01 March 2018
Time: 7.30am to 10.30am
Venue: InterContinental Wellington, 2 Grey Street

Attend and earn 3 CPD hours

Back by popular demand! Our 10 CPD Hours in Wellington program returns for the fifth consecutive year running with two streams to pick and choose from throughout the day so now you can choose from commercial and public law streams. You will be hear the hottest topics, key legislative updates, highly regarded speakers and all in one convenient and efficient day.

Chair: Mike Loftus, Member, Employment Relations Authority

Privacy in Employment

  • Which jurisdiction: privacy or employment?
  • Recruitment issues
  • Drug and alcohol testing
  • Disciplinary processes
  • Surveillance and recording
  • Restructures and privacy
  • Retention of information

Presented by Blair Scotland, Partner, Dundas Street Employment Lawyers; HRINZ Wellington Branch Committee; New Zealand Law Society Wellington Employment Law Committee

Health and Safety: Psychological Factors

  • Health and safety obligations: workplace stress and fatigue
  • Disciplinary procedures where mental health is an issue
  • Bullying and people as hazards
  • The Court and ERA's approach to bullying
  • The significance of the Worksafe bullying guidelines

Presented by Andy Bell, Principal, Bell & Co

Update on Workplace Health and Safety Law

  • Recap on the new law
  • Update on cases and sentencing under the new Act
  • Use of enforceable undertakings
  • WorkSafe updates

Presented by Rachael Schmidt-McCleave, Barrister & Mediator, Central Chambers; AAMINZ

Learning Objectives:

  • Gain insights on privacy issues in employment
  • Examine psychological factors that affect mental health in employment
  • Stay up to date on workplace health and safety law

Chair: Mike Loftus

Mike Loftus has some thirty five years' experience as an Employment Relations practitioner working on collective and individual issues in both the public and private sectors. Included therein is over ten years as a member of either the Employment Relations Authority or its predecessor, the Employment Tribunal.

Blair Scotland

Blair Scotland has over 15 years' experience advising both public and private sector clients on employment matters. He has worked in-house and externally and his clients appreciate his legal know-how combined with his pragmatism that only someone who has worked as an in-house employment relations specialist can provide. Blair has an LLM (Hons) and a BA (Criminology) from Victoria University. He was admitted to the Bar in 1997 and joined the public service, firstly with the Department of Internal Affairs and then the Ministry of Social Development. He then moved to Telecom New Zealand Limited in an employment law role, and subsequently worked as a Senior Associate in the legal team of what is now Business Central (formerly EMA Central) for six years. Most recently, he was a Principal at Chen Palmer before setting up Dundas Street Employment Lawyers with Susan Hornsby-Geluk.

Andy Bell

Andy established Bell & Co three years ago with a mission to offer the best possible service to his clients, at an affordable rate. With more than 14 years' experience in employment law, family law disputes and civil litigation, Andy is a highly skilled advocate in the High Court, District Court and Family Court and in the Employment Relations Authority. He has also acted in a number of Coroner's Inquests. Andy has worked in well?known law firms in Wellington and Palmerston North. Formerly a partner in Palmerston North law firm, Fitzherbert Rowe, Andy moved back to Wellington when he was offered a specialist employment law role at Quigg Partners, one of New Zealand's best boutique legal practices. "Making the law accessible when you have a dispute is something I feel very strongly about. At Bell & Co, we don't want any barriers for our clients to receive the best legal advice and action ? at a reasonable cost. We're committed to not only helping our clients through a challenging period, but also we want them to feel good when we achieve a great result for them. That gives us all the most satisfaction of all."

Rachael Schmidt-McCleave

Rachael Schmidt-McCleave is an experienced litigator who has worked in New Zealand and the United Kingdom since commencing practice in 1996. Rachael has expertise in public law, general commercial litigation, medico-legal, privacy, employment and health and safety law. Rachael has regularly appeared in the District Court, High Court and Court of Appeal, as well as in other tribunals such as the Health Practitioners Disciplinary Tribunal, the Employment Relations Authority, the M?ori Land Court and the Human Rights Review Tribunal, in judicial review proceedings and appeals and other general commercial litigation, health regulatory work and employment litigation. Rachael has a particular interest in health law and, especially, in the overlap between law and psychiatry. Since commencing at the Bar, she has worked extensively with responsible authorities under the Health Practitioners Competence Assurance Act 2003, as legal advisor to Professional Conduct Committees investigating complaints, and as prosecutor with respect to disciplinary charges. She is also a contract ACC reviewer/mediator with Fairway Resolution. Most recently, in the latter part of 2016 and the early part of 2017, Rachael has been working on a project with the Overseas Investment Office advising the Office on best administrative law practice in relation to applications to that Office for consent to hold sensitive New Zealand land and assets. Rachael is the co-author of the Thomson Reuters publication Health and Safety at Work in New Zealand: Know the Law (2015). Rachael spent almost a decade with the Crown Law Office (2001 - 2010) where, as an Associate Crown Counsel and Crown Counsel in the Public Law Group, she honed her expertise in public law, particularly in areas where the activities of Government interact with commerce, and in areas of regulation. During her time at Crown Law, Rachael was also seconded to the legal teams of Treasury and of the then Securities Commission (now the Financial Markets Authority) and to the Constitutional Group at Crown Law. Rachael commenced her legal career as a solicitor with Chen Palmer & Partners (1996 - 1997), before moving to Russell McVeagh as a solicitor and senior solicitor in Wellington (1997 - 2000) and onto Freshfields Bruckhaus Deringer as a senior associate in London (2000 - 2001). Most recently, Rachael has spent two and a half years working as a senior associate in the dispute resolutions team at Minter Ellison Rudd Watts in Wellington (2010 - 2014), where she was a key member of the firm's public law, health law, and health and safety law practices.

Venue Details

The InterContinental Wellington

Level 1, 2 Grey St
Wellington 6011

Ph: 64 4 47227722


Limited valet parking available at NZ$20 per day. Additional parking

available at Wilson Parking with NZ$5 per half hour and NZ$22 for


The Intercontinental is a 2 min walk from Lambton Quay which

has a number of buses going to airport and suburbs. It's a 10 min walk to

the nearest train station.

Taxis are also available downstairs at the hotel entry.

Parking is not included in the registrartion fee and price is subject to


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