Employment Law: Addressing Critical Issues, Essential Updates and Changes

Examine critical employment law issues, legislative updates, & practical applications of recent decisions with a panel of absolute employment experts. Don’t miss it. Gain insights on the impact of Tikanga Māori on employment processes, managing restructurings, restraint of trade & contractor/employee relationships. Ensure policies safeguard against bullying & harassment claims. Examine how to conduct thorough investigations & ensure that surveillance processes align with the Privacy Act.

Thursday, 13 June 2024
Description

Attend and earn 7 CPD hours

Session 1: Addressing Critical Issues and Updates in Employment Law

Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West

11.35am to 12.20pm Tikanga Māori and the Interplay with Employment Processes

Explore the consideration of mana Māori and tikanga Māori by the Employment Relations Authority and Employment Court and discuss practical applications of Te Ao Māori perspectives in employment and dispute resolution processes.
Presented by Shelley Kopu, Lawyer, Shelley Kopu Law

9.50am to 10.35am Restructures: Managing the Curly Questions for Employers
  • When does an obligation to consult arise?
  • How much information must we provide to affected employees? 
  • What is a lawful selection process? 
  • What are our redeployment obligations? 

Presented by Laura Briffett, Senior Associate, Langton Hudson Butcher and Emma Crowley, Senior Associate, Langton Hudson Butcher

10.35am to 10.50am Morning Break
10.50am to 11.35am Restraint of Trade: Recent Amendments, Drafting and Enforcement
  • Employment Relations (Restraint of Trade) Amendment Bill: What is now considered is reasonable?
  • How to draft restrictive covenants
  • Enforcement of restraints
  • Recent decisions

Presented by Jennifer Mills, Director, Jennifer Mills & Associates

9.00am to 9.50am Contractor vs Employee Issues, Disputes and Recent Decisions
  • The differences: contractors and employees
  • Recent case law
  • Where to from here

Presented by Kate Ashcroft, Partner, Copeland Ashcroft Workplace Lawyers

12.20pm to 1.15pm Update on Recent Cases and Legislative Updates
  • Trial periods
  • Holiday Act reforms
  • Recent cases

Presented by Kirsti Laird, Senior Associate, SBM Legal Barristers & Solicitors

Session 2: Bullying, Mental Health, Investigations & Surveillance

Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West

3.00pm to 4.00pm Conducting Investigations: Tips and Tricks to Get it Right
  • Terms of reference (getting it right from the start)
  • Key points for running a procedurally fair investigation
  • Commonly encountered problems and how to respond

Presented by Bridget Smith, Partner, Smith Dunn

2.00pm to 3.00pm How to Protect from Claims for Bullying, Intimidation, Harassment and Mental Health: Ensuring Policies Back You Up
  • What constitutes bullying, intimidation, and harassment?
  • Employers’ obligations
  • Key cases

Presented by Jessica Greenheld, Senior Associate, Simpson Grierson

4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Monitoring and Surveillance Processes in the Workplace and Ensuring Compliance with the Privacy Act 2020
  • Key legal considerations, including the Privacy Act 2020, the Employment Relations Act 2000, and the Health and Safety at Work Act 2015
  • Summary of case law
  • Practical tips regarding implementation

Presented by Rosemary Wooders, Partner, Bell Gully

Presenters


Rosemary Wooders, Partner, Bell Gully
Rosemary Wooders advises employers and senior executives on a wide variety of transactional, contentious and advisory employment matters including personal grievances and disputes, collective bargaining matters, restraints of trade, team move matters, absence management, redundancy and performance issues, and negotiated exits. She also advises on health and safety and privacy matters. An experienced negotiator, Rosemary represents employers and senior executives at mediation. When matters have not settled, Rosemary has represented clients in the Employment Relations Authority, the Employment Court, and the Coroner's Court. In 2022, Rosemary was appointed to The Law Association’s Employment Law Committee (formerly the ADLS Employment Law Committee).


Emma Crowley, Senior Associate, Langton Hudson Butcher
Emma has a background in human resources and employment law and is able to assist with contentious and non-contentious employment related issues. Before qualifying as a practising lawyer, and joining LangtonHudson she worked in HR at an Intellectual Property firm. Emma's background in HR means that her advice is practical and tailored to her clients' needs. Emma has a particular interest in ACC legislation as it relates in the employment context.


Daniel Church, Senior Staff Barrister, Hobson Towers West
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.


Shelley Kopu, Lawyer, Shelley Kopu Law
Ko Taranaki te maunga, ko Tokomaru te waka, ko Te Atiawa te iwi, ko Puketapu rāua ko Pukerangiora oku hāpu. As a specialist employment lawyer, mediator and investigator, Shelley is experienced in traversing the intricacies of the employment relationship across a broad range of industries including education, health, kaupapa Māori, government, finance, sports and iwi. Shelley’s practice is complimented by her directorships with Te Kotahitanga o Te Atiawa (Post Settlement Iwi), Papa Rererangi i Puketapu (New Plymouth Airport) and Tui Ora (Health) as well as voluntary positions with Youthline and St Peters College. These unique attributes differentiate Shelley’s approach to the law and she is committed to addressing the challenges that arise in the employment relationship with a Te Ao Māori lens in a manner that honours Tikanga Māori. Shelley understands and recognises the importance of both a commercial and cultural lens when determining the best strategy for her clients and her indigenous and pragmatic approach is well regarded by those who seek out a sensitive and culturally appropriate practitioner.


Laura Briffett, Partner, Langton Hudson Butcher
Laura has broad experience in employment and commercial law, and her work as an in-house lawyer means that her advice is commercial and pragmatic. She has assisted with litigation in the Employment Relations Authority, Employment Court and High Court, represented clients at mediation, and advised on a range of individual and collective employment relations matters, including strikes, lockouts and bargaining. Laura has a particular interest in assisting employers to protect their proprietary interests against departing employees, and has advised on search orders, team move issues and the enforcement of restraints of trade.


Jennifer Mills, Director, Jennifer Mills & Associates
Jennifer Mills is one of New Zealand's leading employment and health and safety lawyers, with extensive experience in employment litigation, industrial relations, health and safety, complex restructures, large scale Holidays Act issues, executive remuneration and regulation, executive exits and immigration. Jennifer advises clients on all employment related matters including drafting employment agreements and HR policies, managing poor performance, restructuring and redundancy, disciplinary investigations and dismissals, leave entitlements and secondments. She also advises on fixed term employment arrangements, independent contractor arrangements, KiwiSaver and superannuation, collective bargaining, establishing businesses in New Zealand, recruiting employees, and restraints of trade and other post termination obligations. She has been listed as a 'leading individual' in the 2017, 2018, 2019, 2021, 2022 and 2023 Asia Pacific Legal 500, a ‘market leader’ in the 2023 Chambers Asia Pacific and is rated one of the leading employment lawyers in the world, by Chambers Global.


Jessica Greenheld, Senior Associate, Simpson Grierson
Jessica is a Senior Associate at Simpson Grierson. She advises clients on all aspects of employment law, including personal grievances, disciplinary and performance matters, investigations, restructures and redundancies, negotiated exits, and restraints of trade. Jess has appeared in the Employment Relations Authority and the Employment Court. She has a particular interest in emerging areas of law, such as the impact of artificial intelligence in the workplace and the right to disconnect.


Kate Ashcroft, Partner, Copeland Ashcroft Workplace Lawyers
Kate has specialised in employment and health and safety throughout her career, and is passionate about providing commercially pragmatic, tailored solutions to client issues. Kate acts for employers across a range of industries, giving strategic, compliance and best practice advice on non-contentious matters as well as providing representation in disputes. Kate’s background includes work with a large, top-tier national law firm, an award-winning national employment law boutique, and on secondment in-house in both the private and public sectors. She regularly presents training and at conferences on employment and health and safety issues. In addition, she is an experienced independent investigator, and holds a certificate in workplace investigations from the Association of Workplace Investigators, as the only internationally recognised course of its nature


Kirsti Laird, Senior Associate, SBM Legal Barristers & Solicitors
Kirsti is a Senior Associate at SBM Legal. She commenced practice as an employment lawyer in 2003 at a national firm having graduated from the University of Canterbury with an LLB (hons) and BA in History and Classical Studies. She also spent several years working in the employment law teams of multi-national firms in London before returning to New Zealand. Kirsti is an experienced employment lawyer who advises both employers and employees in a wide range of employment law issues. Her advice is always practical and designed to find solutions to problems that arise in workplaces. Her expertise includes advising on restructuring, disciplinary and performance issues, discrimination, the employment aspects of mergers and acquisitions and dispute resolution.

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Employment Law: Addressing Critical Issues, Essential Updates and Changes

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Thursday, 13 June 2024
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