Gain an in-depth practical understanding of the type of evidence to put before the Employment Relations Authority and how to prepare and advocate at the Conferences and the Investigation Meetings. Plus, be updated on the latest decisions presenting the latest trends of the Authority. If you are new to this area of law or unfamiliar with the ERA process or used to the District/High courts, you will develop valuable skills for preparing and participating in ERA matters.
Description
Attend and earn 3 CPD hours
3.00pm to 4.00pm Mediation, Case Management Conferences and the Investigation Meeting
- Mediation strategies and tactics
- Employment Relations Authority: pleadings and procedural considerations
- Considerations and tips for investigation meetings
- Costs
Presented by John Farrow, Partner, Anderson Lloyd
4.00pm to 4.15pm Break
Chair
Alan Knowsley, Consultant, Rainey Collins Lawyers
2.00pm to 3.00pm Evidence in the ERA
- Key differences between how the Authority and Courts treat evidence: getting the most relevant information before the Authority
- How to deal with documents and other evidence
- Witness statements: Statutory Justification Test
- 'Not bound by the rules of evidence': the practical implications
- Procedural fairness and natural justice at ERA: the evidentiary implications
- Collecting evidence related to the desired solutions and presenting counter arguments
- How should one respond when other parties persistently append new facts and claims to their assertions?
Presented by Geoff Davenport, Barrister, Capital Chambers
4.15pm to 5.15pm Recent Significant Employment Relations Authority (ERA) Judgments
Acquire insightful reviews of key ERA decisions, focusing on their relevance and significance, and receive a comprehensive analysis of actionable insights applicable to your professional practice. Examine recent determinations from the Authority that canvas the recent trends including:
- The collective bargaining issues highlighted in The Athletes’ Cooperative Inc v High Performance Sport New Zealand
- How the Authority has applied the ‘heightened good employer obligations’ for public service organisations articulated in the Employment Court
Presented by Renee Butler, Partner, Dentons
Learning Objectives:
- Obtain best practice strategies in presenting evidence before the ERA
- Learn strategies, tactics, and valuable tips in running ERA mediations, case management conferences and the investigations meetings
- Get insights on key ERA decisions and an analysis of recent trends
Presenters
Geoff Davenport, Barrister,Capital Chambers
Geoff Davenport has been a specialist employment lawyer for over 26 years. He has worked in New Zealand and overseas, including for the United Nations. He has a Masters Degree in Law, focusing on issues of good faith. He acts for public and private sector employers, unions and employees throughout the country, and commenced at the Bar in May 2019.
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.
Alan Knowsley, Consultant, Rainey Collins Lawyers
Alan is a Consultant of the firm and practises in the litigation and dispute resolution areas with particular emphasis on employment, privacy, construction, education, health, insurance and charities. Alan has many years experience in employment law, representing employers and employees and advising on how to get the best possible outcome. He can assist you with getting your employment agreements fully compliant with the law as well as with personal grievance claims, mediations and Employment Relations Authority hearings. Alan has extensive experience representing professionals in the health field in all of the various courts and tribunals. He is Past President of the New Zealand Chapter of the Australia New Zealand Education Law Association, Past President of the Employment Law Institute (2009-2013) and also advises the New Zealand School Trustees Association. He has advised disciplinary bodies on how to handle hearings and wrote the chapter on the disciplinary process for Cole's Medical Practice in New Zealand as well as numerous articles for other publications, including 5 years doing a weekly Legal Issues syndicated in newspapers around the country plus radio talk back shows on employment law. Alan is the legal adviser to the New Zealand Lions organisation.
Renee Butler, Partner, Dentons
Renee Butler is a Partner in Dentons employment team in Wellington. In addition to her broad experience across a range of employment law matters, Renee has particular expertise in health and safety, and immigration law. Renee advises a range of clients on employment, immigration, and health & safety matters across the business spectrum. She is highly regarded for her pragmatic approach when guiding clients through complex employment disputes and in leading workplace investigations. She regularly represents clients at mediation as well as in the Employment Relations Authority and the Employment Court.
