Terminating Employment: Dealing with the Legal Issues

Terminating an employee is tough, especially as the employment landscape is highly complex, often with a fine line between a lawful and unlawful dismissal. Employers and their Counsel must be across of a wide range of employee rights, as well as a significant number of compliance obligations. Expand your knowledge on restructuring & redundancies, how to deal with long term illness & medical incapacity in termination situations, restraints of trade and termination for poor performance vs misconduct.

Tuesday, 20 February 2024
Chair

Daniel Church, Staff Barrister, Catherine Stewart Chambers: Employment Law Specialist Barrister

9.05am to 9.50am Restructuring and Redundancy: What Do You Need to Know?
  • Substantive and procedural justification
  • Consultation and the duty of good faith
  • Selection criteria
  • Redeployment obligations
  • Termination of employment

Presented by Jodi Sharman, Partner, Hesketh Henry

9.00am to 9.05am Opening Comments by the Chair
9.50am to 10.35am Termination Due to Prolonged Absence from Work and Medical Incapacity
  • What is sick leave?
  • The difference at law between employees taking a lot of sporadic sick leave and employees being away from work for long term injury or illness
  • The process and factors to consider when terminating for long term injury or illness

Presented by Fiona McMillan, Partner, Lane Neave

10.35am to 11.20am Mental Health Issues in Termination Situations
  • What you should do if you suspect someone is unwell
  • Fair process when dealing with medical incapacity
  • Ill health of injury caused by the workplace
  • ACC

Presented by Ruvin Pattiaratchi, Senior Associate, Dentons

11.35am to 12.20pm Enforcement of Restraints of Trade
  • Assessing the problem: What is the employer's vulnerability?
  • Reviewing the applicable restraints: Non-compete? Non-solicitation? Other?
  • Are the restraints as drafted enforceable? criteria for enforceability
  • Strategic considerations: What type of termination is this? Will/can the employee compete? What steps can be taken to improve the employer's position before the decision to terminate employment?
  • Interim relief
  • Jurisdiction issues: impact of Supreme Court decision in FMV v TZB
  • Relevant recent cases

Presented by John Hannan, Barrister, Bankside Chambers

12.20pm to 1.05pm Termination for Poor Performance vs Misconduct: Pitfalls and What You Need to Think About
  • What different processes are required to manage poor performance vs misconduct
  • Can you terminate for poor performance
  • Are there different standards for different types of dismissal
  • Is it possible to manage poor performance without receiving a grievance

Presented by John Farrow, Partner, Anderson Lloyd

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
11.20am to 11.35am Morning Tea
Learning Objectives:
  • Understand the differences and obligations with restructuring and redundancy
  • Find out what to consider when terminating for long term injury or illness
  • How to deal with mental health issues in termination situations
  • Discover how to enforce restraints of trade
  • Understand the pitfalls and what you need to think about when considering terminating for poor performance vs misconduct
Description:

Attend and earn 4 CPD hours

Presenters


Mr. John Farrow, Partner, Anderson Lloyd
John Farrow is a Partner co-leading Anderson Lloyd's national employment team. He specialises in Employment and Health & Safety law. John's expertise covers the full range of employment matters, including those which involve criminal and civil aspects. John has represented employees, senior executives, small to medium businesses, councils, local authorities, and corporates. He is a LEADR-accredited Mediator, Member of the Institute of Directors and is an 'Association of Workplace Investigators' Certificate-holder. John is named in the 'Best Lawyers in New Zealand' publication, Labour and Employment Law category, and as a 'next generation partner' in the Legal 500.


Ms. Jodi Sharman, Partner, Hesketh Henry
Jodi is a Partner in the Employment Law team at Hesketh Henry, and has been practising employment law for more than 15 years.  Jodi has considerable experience in working with employees, employers and unions on a wide range of employment law matters and litigation issues. Jodi has appeared in the Employment Relations Authority, Employment Court, District Court and High Court, and frequently represents clients in negotiations and mediations. Jodi is a member of The Law Association, and its Employment Law Committee, as well as the New Zealand Law Society. Her expertise in the employment law sector has been recognised by the major legal directories, including Chambers Asia-Pacific. Jodi enjoys the people factor in employment law and being involved in the employment law issues facing clients who operate in different industries and professions. She brings a pragmatic approach to legal issues with a focus on client communication and delivering practical and commercial outcomes.


Mr. John Hannan, Barrister, Bankside Chambers
John Hannan is a highly experienced lawyer specialising in employment law, education law, and commercial and property litigation and advice. He was a senior partner at DLA Piper New Zealand until joining the independent bar in 2019. He has acted for numerous primary, secondary, and tertiary education providers in employment, student discipline and privacy matters. He is an experienced advocate in the ERA, Employment Court and High Court. He also acts as an investigator and is a qualified mediator. John acts for insurers in claims under Employment Practices Liability Insurance (EPLI) policies.


Ms. Fiona McMillan, Partner, Lane Neave
Fiona is the Auckland Partner of the Employment Law team and commenced her career with Lane Neave in 2007. Fiona and her team act for both employees and employers in matters involving employment relations, health and safety, human rights, privacy and ACC. Fiona advises on all aspects of termination including performance management, misconduct, serious misconduct, medical incapacity, restructurings and redundancies and negotiated exits. She also specialises in collective bargaining, human rights commission matter and independent external investigations. In 2019, Fiona undertook the certification from the Association of Workplace Investigators in Vail, Colorado, USA. Fiona regularly represents employers in Mediations, Employment Relations Authority Investigation meetings and the Employment Court. She acted as counsel in the leading case on penalties – Borsboom v PVT Limited and the leading case on union discrimination – Lamont and Others v Ritchies Transport Holdings Limited. Fiona was nominated for Young Lawyer of the Year at the 2016 Law Awards. In 2022, she was recognised as an Elite Woman in NZ Lawyer’s annual rankings. Also in 2022, Fiona was named in the Doyle’s Guide as a recommended Employment Lawyer. Fiona has also been recognised in Legal 500 and Chambers & Partners as a leading employment and health and safety practitioner in New Zealand.


Mr. Daniel Church, Staff Barrister, Catherine Stewart Chambers
Daniel Church is a Senior Staff Barrister in Catherine's team. He graduated with a Bachelor of Laws degree with First Class Honours and a Bachelor of Arts degree in 2015, and joined Catherine's practice in early 2017 to further his passion for practising in employment law. Daniel regularly appears as counsel in the Employment Relations Authority and as second counsel to Catherine in the Employment Court. He has also appeared as counsel before the Teachers Disciplinary Tribunal defending charges brought by the Complaints Assessment Committee. Daniel regularly assists clients with investigations in the Employment Relations Authority, mediations, reviewing and amending employment agreements and policies to ensure compliance with current legislation, personal grievances, redundancies and negotiated exits. He has assisted companies with major restructurings and represented them in union negotiations, as well as representing both employers and employees in disciplinary and performance management processes. Daniel also has conflict resolution experience and is able to assist with mediating disputes between employees. He presents seminars at conferences on employment and education law matters which are topical and of particular interest to school leaders.


Mr. Ruvin Pattiaratchi, Associate, Dentons Kensington Swan
Ruvin is a senior associate in our employment team. He provides advice on a broad range of employment law and health and safety matters to clients across the business spectrum. Ruvin can guide you through disciplinary matters, personal grievances, Holidays Act, individual and collective employment agreements, restructuring and redeployment, and business sale or acquisition. Ruvin can also act as the investigator in employment investigations. Ruvin assists clients to improve their health and safety performance and understand their obligations and risks under the Health and Safety at Work Act. He has particular interest in health-related matters, including workplace bullying, harassment, and discrimination. Ruvin has appeared as legal counsel in the Employment Relations Authority. He has extensive litigation experience and regularly appeared in the Family Court in his previous roles.

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Terminating Employment: Dealing with the Legal Issues

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Single Session
Tuesday, 20 February 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
Online 20240502 20240220

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