Education Law Summit Wellington: Solutions for Discipline, Safety, and Compliance

Tackle the 2 more difficult issues in the school environment in a comprehensive and practical manner – the legal implications of student misbehaviour discipline and navigating workplace concerns in the school environment. You will deal with it all: serious misconduct that lurks in the shadows, non-work-related injuries and absences which spiral out of control, and investigations that fall into chaos without direction. As tensions rise, student discipline becomes a serious concern and parents run amok. This Education Law Summit is your lifeline. Join us and arm yourself with the tools to confront these issues head-on, plus more.

Wednesday, 4 September 2024
Description

Attend and earn 7 PLD hours

9.00am to 9.50am Dealing with Non-Work-Related Staff Injuries, Illnesses and Absences


Receive a practical guide on managing long term and short-term absences due to non-work related injury and illnesses, including:

  • Medical incapacity and termination of employment
  • Management of short term, sporadic absences
  • Returning to work following an absence due to injury or illness

Presented by Murray Grant, Special Counsel, Wotton + Kearney

9.50am to 10.40am Serious Misconduct and Misconduct by Employees Outside of Work

 

  • What constitutes misconduct and serious misconduct?
  • How and when conduct in the private lives of staff can affect employment  
  • To what extent can an organisation discipline or dismiss staff when alleged misconduct or serious misconduct has occurred outside the workplace?
  • The use of social media by employees: When can an employer take action occur and what are the implications for employee’s ongoing employment?

Presented by Blair Scotland, Partner, Dundas Street

10.40am to 10.55am Morning Tea
Session 1: Navigating Workplace Challenges in Schools: Absence, Misconduct and Complaints


Chair: 
Wikus Swanepoel, Principal/Tumuaki, Maidstone Intermediate

10.55am to 11.45am Your Battle Plan When Your School or Staff are Under Attack on Social Media

 

  • Where is the attack coming from? Eg Facebook, blogs, forums, surveys
  • Is there truth to the claim? Your duty to investigate
  • Dealing with staff when there’s merit to a complaint about them
  • Should you contact the complainant or respond online? The legal risks, the potential benefits, and policies and training to have in place
  • When and how you can get a website to remove complaints or criticism?

Presented by Louisa Joblin, Partner,, Duncan Cotterill

11.45am to 12.30pm Assisting You and Your Staff in Engaging with the Complaints Process with the Teaching Council

 

  • The Teaching Council’s process, and the legal framework and principles regulating it
  • Engaging with investigations, the provision of information, and how to manage potential concerns about privacy
  • How to manage employment concurrently with an investigation: including the risk of double jeopardy and when there is community awareness of a complaint
  • The principles of name suppression

Presented by Maynard Scott, National Employment Relations Advisor, Te Whakarōputanga Kaitiaki Kura o Aotearoa, New Zealand School Boards Association

Learning Objectives:
  • Guidance on how to deal with non-work related staff injuries, illnesses and absences  
  • Understand what constitutes as serious misconduct 
  • Learn useful tips in managing investigations and staff discipline  
  • Receive practical guidance on engaging with the complaints process with the teaching council
Session 2: Equipping Educators: Approaches to Student Discipline and Restraint, Parents and Safety


Chair: 
Maria Mckenzie, Cluster Manager Remutaka Resource Teacher Learning and Behaviour Service, Masterton Primary School

2.00pm to 2.45pm Challenges with Student Discipline: A School's Rights and Responsibilities

 

  • Guiding principles
  • Categories of conduct
  • Investigation process
  • Stand downs, suspensions, exclusions and expulsions
  • Student disciplinary processes
  • Role of the Board and the role of the Principal
  • Issues that might arise and how to resolve them

Presented by Madeleine Hawkesby, Special Counsel, Duncan Cotterill

3.45pm to 4.30pm Parents Behaving Badly: Legal Options and Pitfalls for Schools

 

  • Common complaints and how to avoid issues
  • Separated parents and the issues that can arise for schools
  • Trespassing parents: when to take the step
  • Media campaigns and how to deal with them
  • Defending vexatious claims

Presented by James Pullar, Principal, Taylor Shaw Barristers & Solicitors

4.30pm to 5.15pm Health and Safety Management Systems: The Quality of Lockdown Procedures

 

  • The role and purpose of lockdown 
  • Building a lockdown procedure and resources available
  • The lockdown in the organisational context
  • Application and testing of lockdown procedures 

Presented by Wade Harrison, Director, Harrison Tew Consulting, Emergency Planning Specialist

12.30pm to 1.15pm Managing Investigations and Staff Discipline

 

  • Investigations, the when, where, how, who and why?
  • Employment Issues
  • Confidentiality and privacy constraints
  • Investigation findings and what next
  • Case law examples

Presented by Gareth Abdinor, Director, Abdinor Employment Law

2.45pm to 3.30pm New Zealand Teachers’ Disciplinary Tribunal: Dealing with Restraint in Schools

 

  • What is physical restraint?
  • Summary of the Education (Physical Restraint) Rules
  • Summary of Aramai He Tētēkura Arise our Future Generations: a guide to understanding distress and minimising the use of physical restraint
  • Policies, procedures and reporting requirements
  • Implications for NZTDT proceedings

Presented by John Goddard, Barrister, Lambton Chambers

Learning Objectives:
  • Reflect on the current definitions and implications of the Education (Physical Restraint Rules)
  • Examine a school’s rights and responsibilities in responding to challenging behavior
  • Walkthrough strategies for de-escalating parent complaints
  • Understand the role health and safety management systems play in your school
3.30pm to 3.45pm Afternoon Tea

Presenters


Gareth Abdinor, Director, Abdinor Employment Law
Gareth is an employment and workplace law expert, providing advice and guidance to business, organisations and workers on all aspects of the employment/contracting relationship. Gareth also provides specialist advice in relation to privacy & information law issues, including compliance, breaches, access, cyberbullying and social media. Gareth has extensive experience in the Education and Healthcare sectors, having acted for schools, educators, District Health Boards, medical practices and medical professionals in relation to dispute resolution, privacy and employment matters. Gareth is an experienced workplace investigator and regularly carries out independent workplace investigations.


Louisa Joblin, Partner, Duncan Cotterill
Louisa specialises in data protection and privacy law, advising clients on all their privacy concerns.  As a privacy specialist, Louisa focuses on privacy protection and compliance, advising clients about the requirements of the Privacy Act 2020, privacy documentation and procedure, and how to respond to actual and suspected privacy breaches.  Louisa is regularly engaged to advise clients facing a data incident or privacy breach, and has experience acting for both individuals whose privacy has been interfered with and agencies handling personal information who may not have met their privacy protection obligations.  Louisa also specialises in not-for-profit law.  As a not-for-profit specialist, Louisa works with a wide variety of not-for-profit organisations, advising about modernisation and restructuring, governance, voting procedures, complaints and disputes, and complex member rights issues.


Blair Scotland, Partner, Dundas Street
Blair Scotland has over 20 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.


Maynard Scott, National Employment Relations Advisor, Te Whakarōputanga Kaitiaki Kura o Aotearoa, New Zealand School Boards Association
Maynard Scott is an in-house lawyer as part of his role as National Employment Relations Advisor at Te Whakarōputanga Kaitiaki Kura o Aotearoa – New Zealand School Boards Association (formerly known as NZSTA). In this role, he provides counsel for the organisation’s network of advisors, is a representative for state and state-integrated school board employers during the bargaining for education sector collective bargaining and pay equity claims and, working with the Ministry of Education and unions, guides the implementation of bargaining and claim settlements within schools in New Zealand. Alongside this work, he is a member of the Committee of the New Zealand Chapter of Australia New Zealand Education Law Association and has contributed to the International Journal of Law and Education. Before employment law, Maynard served two terms on his school’s board, tutored Criminal law and night-managed a university hall of residence home to 300 students.


Murray Grant, Special Counsel, Wotton + Kearney
Murray specialises in employment and discrimination law and practice. He has a wide range of experience in all aspects including general HR issues (misconduct, performance management and restructuring), discrimination (including bullying and harassment), whistleblowing and privacy. Before coming to New Zealand in 2017, Murray practised as a civil litigation barrister in England and Wales and has a considerable advocacy background in mediations, tribunals and courts. Since arriving in New Zealand, he advises and represents in mediations (including in the Human Rights Commission), the Employment Relations Authority (ERA), and the Human Rights Review Tribunal (HRRT). His sector experience is varied and most recently includes healthcare, education, real estate, public sector and retail. His experience includes health and safety and data protection/privacy issues. Murray also has considerable experience assisting healthcare professionals in New Zealand with professional indemnity and employment issues.


John Goddard, Barrister, Lambton Chambers
John Goddard's expertise is in education law, employment law, privacy law and dispute resolution. John is an approved provider of civil legal aid and has a strong commitment to access to justice. John's education law experience includes acting for teachers before the New Zealand Teachers Disciplinary Tribunal. His employment law experience includes assisting and advising clients regarding personal grievances, unjustified disadvantage and unjustified dismissal, discrimination, harassment, misconduct and health and safety matters.


James Pullar, Principal, Taylor Shaw Barristers & Solicitors
James is a Partner at Taylor Shaw and is the head of the Civil Litigation and Employment, and Education Law practice. He acts for a wide variety of clients including local and national businesses, School Boards of Trustees, Independent Schools around New Zealand, and private individuals. James regularly appears in the District Court and the High Court across a broad range of civil work, as well as in the Employment Relations Authority and the Employment Court. James is recognised as a senior litigator and employment lawyer. He advises our clients in respect of issues that arise in a workplace environment. This includes disciplinary investigations, strategic advice on restructuring processes, and personal grievances. In civil litigation, James has developed specialist expertise in insurance law, negligence, contractual disputes, as well as contentious trust and estate matters. James also advises clients in relation to matters that arise in a School environment, including suspensions and exclusions, resolving complaints, staff issues, and property matters. James is an active contributor to New Zealand Law Society programmes, including Employment Law conferences and seminars, and the annual Young Lawyers’ Mooting Competition. He currently sits on both the NZLS (Canterbury-Westland) Employment Law Committee and Special Events Committee and is a previous convenor of the Junior Practitioners’ Committee.


Madeleine Hawkesby, Special Counsel, Duncan Cotterill
Madeleine is special counsel in the Christchurch employment law team at Duncan Cotterill. She enjoys working in collaboration with her clients to provide practical, strategic and solution focused advice. Her expertise covers all aspects of employment law, from disciplinary process, performance management, incapacity, investigations, restructuring, drafting employment agreements and policies, and mediations. Madeline has expertise in mediating and facilitating conflict resolution solutions between employees. She advises employers from a wide range of industries, and has particular expertise in the education sector where she not only advises on employment law matters but also has experience in privacy law, parent complaints, health and safety, student disciplinary matters, ombudsmen investigations, Official Information Act requests, performance appraisal, school governance and conflict resolution. Madeleine has been appointed by the Ministry of Education as a Limited Statutory Manager and as a Commissioner in a number of schools throughout the South Island.


Maria Mckenzie, Cluster Manager Remutaka Resource Teacher Learning and Behaviour Service, Masterton Primary School
Maria leads a team of itinerant specialist teachers who work across 53 schools in the Wairarapa and Upper Hutt region alongside education and service providers, to identify local needs and resources, and plan support based on the evidence of what works, to best support children and young people to learn, thrive and belong. She has leadership experience and has held governance leadership roles across educational, health, community and not for profit sectors. With an academic background in Psychology, Neuroscience and Education, Counselling and Small Business management Maria has worked across a wide range of sectors supporting people and organisations to embrace and manage transitions and change.


Wade Harrison, Director, Harrison Tew Consulting, Emergency Planning Specialist
Wade has 17 years experience with the NZ Police attaining title rank of Sergeant in the Police Special Tactics Group (STG). Wade has vast knowledge and experience in undertaking threat assessments for both the NZ Government and Police for visiting Dignitaries, Heads of State and at risk facilities. Wade has been involved in compiling operation orders in relation to potential threat and terrorist activity and operation orders in a private capacity both within New Zealand and overseas. Since leaving the NZ Police, Wade held a Senior Management Position for the Manukau City Council and was responsible for Emergency Planning and Civil Defence and developing Business Continuity Plans for the City.

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Education Law Summit Wellington: Solutions for Discipline, Safety, and Compliance

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Wednesday, 4 September 2024
9.00am to 5.15pm New Zealand
CPD Hours 7
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Morning Session
Wednesday, 4 September 2024
9.00am to 1.15pm New Zealand
CPD Hours 4
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Afternoon Session
Wednesday, 4 September 2024
2.00pm to 5.15pm New Zealand
CPD Hours 3
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Venue
InterContinental Wellington

Level 1, 2 Grey Street, Wellington 

Directions

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 Information

Parking is not included in the registration fee.

Limited valet parking available at $50 per day.

Additional parking available at Wilson Parking  - Click here for locations and rates