Considering redundancy and workforce changes due to restructuring can be tough, even in this current economic climate. Employers and their counsel must be across the legal implications before they consider implementing these steps in their workforce. Get essential insights & practical knowledge from key industry leaders on the legal principles of redundancy & restructuring. Understand an employer’s legislative obligations & the latest key decisions in this area.
Chair
Jodi Sharman, Partner, Hesketh Henry
2.00pm to 3.00pm Legal Principles of Redundancy & Restructuring
- Definitions, concepts, and the legal test
- Genuine reasons for a proposed restructure
- Procedural requirements
- Good faith and the provision of information
- Selection criteria
- Redeployment obligations
- Termination of employment due to redundancy
- Tips, tricks and insights
Presented by Greg Cain, Partner, Dentons
Description
Attend and earn 3 CPD hours
3.00pm to 4.00pm Restructuring Obligations Under the Employment Relations Act 2000
- What constitutes a ‘restructuring’: business sale, contracting in, contracting out & subsequent contracting
- Outgoing employer obligations: employee protection provisions and consultation
- When to consult: Before or after sale agreement signed?
- The right to withhold confidential information: Matsas v Birthing Centre
- Additional rights for vulnerable’ employees: subsequent contracting
- Incoming employer obligations
- Holidays Act issues: transfer of leave entitlements
- Privacy Act issues: transfer of employee personal information
- 'Transfers' of employees between related companies
Presented by Carl Blake, Partner, DLA Piper
4.00pm to 4.15pm Break
Learning Objectives:
- Obtain updates on the legal principles of workforce redundancy & restructuring
- Understand an employer’s obligations Under the Employment Relations Act 2000
- Review case law on redundancy and restructuring of employment
4.15pm to 5.15pm Key Cases and Recent Case Law
- Review and consider the key cases and latest redundancy and restructuring cases
Presented by Daniel Church, Senior Staff Barrister, Catherine Stewart
Presenters
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.
Greg Cain, Partner, Dentons
Greg Cain is a partner at Dentons, specialising in employment law and health and safety. Greg assists clients with restructurings, performance and disciplinary matters, carrying out bullying and sexual harassment investigations, dealing with personal grievances, restraints of trade and other contractual questions, and regularly appears before the Employment Relations Authority and the Employment Court. Greg also advises clients on a range of health and safety issues, including earthquake-prone buildings, managing contractors, and dealing with asbestos and hazardous substances. Greg also assists clients carrying out investigations into serious harm incidents, and represents clients in WorkSafe investigations and prosecutions. He also assists the Government Health and Safety Lead with its efforts to improve health and safety performance across the public sector. Greg is a board member at Community Law Wellington and Hutt Valley.
Carl Blake, Partner, DLA Piper
Carl is a partner in DLA Piper’s employment practice. He provides strategic advice on all aspects of employment law, including corporate restructures, sales and purchases of businesses, personal grievances, employment agreements and policies, health and safety, human rights and privacy, accident compensation, and collective bargaining. Carl has regular appearances at mediations and hearings before the Employment Relations Authority and Employment Court.
Daniel Church, Senior Staff Barrister Catherine Stewart
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.