Uncover key employment concerns for 2024, so you are across all the issues you need to be for your practice. You’ll receive practical guidance on the crucial issues concerning independent contractor vs employee, best practice in dealing with workplace mental health & wellbeing in the workplace. Plus, understand the significance of Tikanga on employers. Finally, know the developments in the relation to workplace investigations. This highly informative afternoon will expand your knowledge, and in turn benefit your clients. WEB243NZA28Z
Description
Attend and earn 3 CPD hours
2.00pm to 2.45pm What’s in a Name? The Continuing Questions of Employee Status in New Zealand
- What does it mean to be an employee? And why does it matter?
- Gloriavale (take two)
- The Uber litigation
- Hungry Panda
- Where to from here?
Presented by Alison Maelzer, Partner, Hesketh Henry
Chair:
Jonothan Whyte, Staff Barrister, Catherine Stewart Barrister, Hobson Street, Auckland Central
2.45pm to 3.30pm Managing Mental Health and Wellbeing Challenges in the Workplace
- An employer's legislative and contractual obligations
- Psychosocial risks in the workplace
- Managing mental health and wellbeing during performance and disciplinary processes
- Potential changes on the horizon?
Presented by Ashley-Jayne Lodge, Partner, and Lucy Gallagher, Solicitor, Anderson Lloyd
3.45pm to 4.30pm Tikanga & Its New Significance for Employers
- The GF v Customs Service case and its implications
- How Tikanga and other policy commitments might bind employers
- Good faith, public sector ‘good employers’ and the private sector
- Practical measures to address this developing area of law
Presented by James Warren, Partner, Dentons
3.30pm to 3.45pm Afternoon Tea
4.30pm to 5.15pm Developments in the Law Relating to Employment Investigations, and some Common Pitfalls
Workplace Investigations have become a regular part of the New Zealand employment landscape. This session will examine:
- When to investigate in-house - and when to outsource
- The relevant law, particularly including the need to abide by natural justice (and what does that mean?)
- Some tips and tricks to ensure a sound process
Presented by Andrew Scott-Howman, Barrister, Port Nicholson Chambers
Learning Objectives:
- Receive a timely update on the latest developments in employment law
- Benefit from an essential practice update on the independent contractor vs employee conundrum
- Understand Tikanga and its new significance on employers
- Receive a practical guidance on the developments of the law relating to workplace investigations, as well as valuable tips and insights on common pitfalls
Presenters
Mr. James Warren, Partner, Dentons
James is a partner with Dentons' employment and workplace health & safety team, based in Auckland with extensive experience in both the UK and New Zealand. He is regularly instructed on multi-jurisdictional matters and business transformations, while also dealing with investigations, dismissals and personal grievances. James is an approachable and responsive advocate when dealing with disputes, prosecutions and claims, focused on delivering practical and commercial solutions. James has been consistently recommended in The Legal 500 and has been described in various editions as a ’clear thinking adviser’ providing ’great customer service’, along with ’robust and practical advice’.
Mr Andrew Scott-Howman, Barrister,
Andrew Scott-Howman is a Wellington based barrister specialising in workplace investigations. He is a graduate of the Association of Workplace Investigator's Training Instititute, and is a member of that specialist interest organisation. He is also a co-author of the Thomson Reuters text "Workplace Bullying in New Zealand".He acts as investigator in both the public and private sectors, and has wide experience in investigating bullying, sexual harassment and sexual misconduct claims.
Lucy Gallagher, Solicitor, Anderson Lloyd
Lucy graduated from the University of Otago with a Bachelor of Laws with Honours (First Class) at the end of 2022 and was admitted to the Bar in December 2023. She initially joined Anderson Lloyd's employment law team as a summer clerk in 2020 and has since become a permanent member of the team, where she assists with a wide range of employment issues. Lucy prepares and presents at both internal and external seminars and has assisted in advising various clients, including public sector employers, employers in the aged care sector, organisations undergoing investigations and prosecutions by WorkSafe, and employers in need of assistance with disciplinary processes and negotiated exits.
Ms. Ashley-Jayne Lodge, Partner, Anderson Lloyd
Ashley-Jayne (AJ) advises clients in all aspects of employment law working with them to provide practical, pragmatic solutions to often complex employment issues. AJ can assist employers, employees, and HR professionals with all manner of employment advice, including day to day management of employees, restructures and redundancies, employee claims, advising on and providing representation in human rights matters, health and safety, and employment agreements and policies. AJ represents clients at mediations, in the Employment Relations Authority, Employment Court, and privacy, human rights and disciplinary jurisdictions as well. AJ is an experienced investigator, having conducted workplace investigations, reviews, and other independent investigations in both the public and private sector. AJ is a certified Association of Workplace Investigators member and Certificate Holder (AWI-CH).
Mr. Jonothan Whyte, Staff Barrister, Catherine Stewart Barrister, Hobson Street, Auckland Central
Jonothan Whyte is a staff barrister in Catherine’s Stewart Barrister’s team. Jonothan advises clients on all aspects of employment law. He regularly represents clients as counsel at mediations and in the Employment Relations Authority and acts as junior/second counsel in the Employment Court. Jonothan has wide-ranging employment law experience having acted for and advised employees, small-to-medium sized employers, and unions across a range of matters including major bullying cases, restraint of trade disputes with commercial elements, regulatory and professional conduct matters for educators and medical professionals, disciplinary and performance concerns, personal grievances, collective and individual bargaining, Labour Inspectorate investigations, and human rights and privacy matters arising in the context of employment.
