- Are you worried about whether an employee's behavior constitutes misconduct or is simply poor performance?
- Are you finding it challenging to manage employees who frequently call in sick while also addressing their performance issues?
- Are you concerned about preventing potential bullying claims during performance reviews?
Gain valuable insights and learn effective performance evaluation techniques from experienced employment law professionals. This is a crucial opportunity you won't want to miss, as it can significantly enhance your ability to handle these complex situations with confidence and legal compliance.
Chair:
Megan Vant, Special Counsel, Dundas Street Employment Lawyers
12.15pm to 1.15pm Performance Management: Dealing with Misconduct and Suspensions: Best Practice
- What is misconduct
- When does misconduct become serious
- What about misconduct outside of work
- What is unsatisfactory work performance
- Misconduct v work performance
Presented by Andrew Shaw, Managing Partner, Lane Neave
Description
Attend and earn 4 CPD hours
9.00am to 10.00am Distinguishing it Correctly: Is it Poor Performance or Misconduct?
- An overview: poor performance, misconduct, and serious misconduct
- Practical implications of understanding the difference: managing poor performance vs managing misconduct
- A practical exercise: exploring the difference with real world case examples
Presented by Allanah Leerdam, Special Counsel, Jennifer Mills & Associates
10.00am to 11.00am Managing Employees who Become Ill During a Performance or Misconduct Process
- Strategies for managing situations where employees become unwell during an employment process
- Recognising when it is necessary to pause the process
- Seeking further advice from medical professionals
- Identifying the appropriate time to consider a different course of action, such as medical incapacity
Presented by Jessica Taylor, Senior Associate, Buddle Findlay
11.15am to 12.15pm Allegations of Bullying During the Process
- Striking a balance between taking reasonable performance action and complying with duties under the Health and Safety at Work Act
- Practical steps for addressing a bullying complaint whilst a process in on foot
- Common issues that arise (ie, what if there are clearly ulterior motives for the bullying complaint raised)
- An overview of recent/leading cases in this area
Presented by Maddy Lister, Senior Solicitor, Russell McVeagh
Learning Objectives:
- Get a valuable overview of what is misconduct vs poor performance
- Obtain strategies for managing situations where employees become unwell during an employment process
- Understand how to strike a balance between reasonable performance process and Health and Safety at work
- Learn best practice in performance management
11.00am to 11.15am Break
Presenters
Maddy Lister, Senior Solicitor, Russell McVeagh
Maddy has a broad range of experience in employment law, including advising on all types of disciplinary and performance issues, restructuring situations, status claims, collective bargaining, discrimination claims, employee privacy claims and health and safety matters. She has a particular interest in bullying and harassment claims and has previously undertaken workplace investigations and a cultural review. She frequently represents clients – including large corporates – at mediations and has appeared in the Employment Relations Authority, Employment Court and Human Rights Review Tribunal.
Megan Vant, Special Counsel, Dundas Street Employment Lawyers
Megan is a highly skilled and intelligent lawyer, specialising in employment law. She has significant experience acting for both employers and employees and is well versed in the legislation affecting the application of employment law. She builds strong relationships with clients and takes a pragmatic and solutions focused approach, successfully navigating complex issues. Her advice is both academic and straightforward, ensuring that the law is understood and applied in a manner that is practical and strategic for her clients. Megan is nationally recognised as a leading authority in New Zealand in the areas of pay equity and equal pay and has represented clients in leading edge litigation in this novel area of law. She has been with Dundas Street Employment Lawyers since the firm was established in 2013 and also has experience working in-house in both central and local government.
Allanah Leerdam, Special Counsel, Jennifer Mills & Associates
Allanah is a specialist employment, immigration and health and safety lawyer at the boutique law firm Jennifer Mills & Associates. Prior to this, Allanah worked as a Prosecutor with the New Zealand Police, based in Counties Manukau, where she was in court most days. At Jennifer Mills & Associates, Allanah acts on behalf of, and provides advice to individuals, small and medium-sized businesses, as well as large corporates. She provides advice on a range of employment matters, and has a particular interest in advocacy and dispute resolution.
Jessica Taylor, Senior Associate, Buddle Findlay
Jessica specialises in employment, health and safety, privacy and official information, health, litigation and dispute resolution. Jessica advises on a wide range of employment matters including personal grievances, restructuring and redundancy, investigations, disciplinary processes, performance management, medical incapacity, health and safety and pay equity. Jessica regularly attends mediation and acts in proceedings in the Employment Relations Authority and Employment Court. She also regularly assists with health, privacy and official information and human rights matters.
Andrew Shaw, Managing Partner, Lane Neave
Andrew is the Managing Partner of Lane Neave and he heads the Employment Law Team. He has 28 years experience and is recognised as one of New Zealand’s top employment, ACC and health & safety law practitioners. Andrew is currently on the New Zealand Law Society ACC Committee, having previously been on the New Zealand Law Society Employment Law Committee (for six years), where he assists in providing guidance on proposed legislation. Andrew is a preferred legal practitioner for the New Zealand Law Society to refer vulnerable claimants for specialist and complex legal advice in his specialist areas. He is also a mentor for other law practitioners. Andrew is an experienced litigator, and he has appeared in the Employment Relations Authority, Employment Court and ordinary Courts, including the Court of Appeal and advising on a Supreme Court appeal. Andrew also regularly participates in private and MBIE mediations. Andrew has a strong interest in public policy, as this relates to his specialist areas, and as such he is contacted by the media to make comment on current issues of importance. He is also involved in assisting a number of charities, include the Stroke Foundation and MS & Parkinson Society. The Employment Law Team has been a past multiple winner at the New Zealand Law Awards and it is currently on the Government Legal Panel and provides advice to a number of State and Local Government entities around New Zealand.
