Employment Law Forum

Navigate the 5Ws of workplace investigations: When, Where, Who, Why and How. Examine the legal requirements for dealing with workplace whistleblowers and protected disclosures, and the security measures an employer can take to protect their confidential information and intellectual property. It’s workplace law compliance made easy with practical guidance on privacy, latest case updates, plus strategies to mitigate difficult situations, such as allegations of bullying during the performance management process.

Tuesday, 25 March 2025
9.00am to 9.50am Decisions that Shaped Employment Law in 2024 and What's in Store for 2025?

 

  • Case law developments over the past 12 months
  • Leading employment decisions
  • Cases of interest for hearing in 2025 

Presented by Tim Clarke, Barrister, Richmond Chambers

10.40am to 10.55am Morning Tea
11.45am to 12.30pm Common Legal Workplace Challenges that Arise During Performance Management and How to Overcome them Effectively

 

  • Understanding requirements: employers’ obligations and good faith
  • Simplifying performance management: informal versus formal performance processes
  • Strategies for dealing with difficult situations, including allegations of bullying that may arise during the performance management process 

Presented by Nikita Bartlett, Associate, Duncan Cotterill 

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 Andrew Scott-Howman, Barrister/Workplace Investigator, Port Nicholson Chambers, and co-author of the Thomson Reuters text “Workplace Bullying in New Zealand

Description

Attend and earn 4 CPD hours

Chair:

Jennifer Mills, Director – Head of Practice, Jennifer Mills & Associates; ‘Leading Individual’, The Legal 500 Asia Pacific 2024

9.50am to 10.40am How to Protect an Employer’s Confidential Information and Intellectual Property

 

  • What is needed in an employment agreement?
  • Security measures an employer can take during the employment relationship
  • If the employment relationship ends, how can the employer enforce its protections? 

Presented by Kathryn Dalziel, Barrister, Walker Street Chambers, Employment Law

10.55am to 11.45am Workplace Whistleblowers and Protected Disclosures: Recent Developments and Tips for Conducting an Effective Investigation

 

  • An employer’s obligations as a receiver of a protected disclosure, including dealing with the protections which disclosers are entitled to
  • Getting the policy documents and procedures right, with practical guidance and tips for dealing with disclosures
  • Distinguishing between protected disclosures versus other complaints or concerns
  • Privacy concerns and implications under the Privacy Act 2020 

Presented by June Hardacre, Partner and Bonnie Simmonds, Senior Solicitor, MinterEllisonRuddWatts

Learning Objectives:
  • Receive updates on the cases shaping employment law
  • Understand best legal practices for dealing with difficult situations in the workplace
  • Gain practical tips on navigating staff disciplinary action, performance management and workplace investigations
  • Gain practical guidance on protecting workplace confidential information and IP

Presenters


Jennifer Mills, Director – Head of Practice, 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 Asia Pacific Legal 500 directory, a ‘market leader’ in the Chambers Asia Pacific directory and is rated one of the leading employment lawyers in the world, by Chambers Global.


Tim Clarke, Barrister, Richmond Chambers
Tim Clarke is an experienced litigator with a specialist focus on employment and workplace safety law. His practice spans advocacy in the courts of general jurisdiction (including appellate courts), the Employment Court and Employment Relations Authority, Human Rights Review Tribunal, mediation, and workplace investigations. Tim accepts instructions to act as counsel, mediator in relation to employment disputes, or to conduct independent workplace investigations. Tim is an Associate Member of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and the Resolution Institute.  He is also a member of the Association of Workplace Investigators (AWI). He has been a member of the Health and Safety Committee of The Law Association (formerly ADLS) from 2016 to the present and is a member of the Employment Law and Privacy Committee of the New Zealand Bar Association.


Kathryn Dalziel, Barrister, Walker Street Chambers
Kathryn is a senior barrister at Walker Street Chambers practising in employment and privacy law as well as civil litigation and professional ethics. Kathryn researches and teaches in Employment Law and Legal Ethics for the University of Canterbury School of Law and regularly presents at conferences and seminars in privacy, employment, and legal ethics. Kathryn is a member of the Employment Law Bulletin editorial committee. She has co-authored the chapters on Employment Law and Health Information in Health Care and the Law (5th ed), co-authored Ethics, Professional Responsibility and the Lawyer (3rd Ed), and authored the Privacy Law Chapter in Human Rights Law – Westlaw NZ (online).


June Hardacre, Partner, MinterEllisonRuddWatts
June is an employment specialist who regularly advises both private and public sector clients on all aspects of New Zealand Employment law. Her practice includes advising on health and safety, remuneration and incentives, data protection, and employee privacy matters. June provides accessible and commercially sound advice to her clients and achieves outcomes for clients that do not compromise values. She has applied this approach during negotiations with unions on collective bargaining and industrial disputes, and while advising on conduct, bullying, and harassment investigations for a range of major New Zealand organisations.


Nikita Bartlett, Associate, Duncan Cotterill
Nikita is an Associate in the Employment team at Duncan Cotterill assisting a wide range of clients at all stages of employment matters. Her expertise ranges from providing advice on personal grievances, bullying and harassment, restructuring and redundancies, disciplinary procedures, performance management, medical incapacity, advising on a variety of agreements and conducting sensitive workplace investigations. She also has experience with acting for and assisting with defending clients in the Employment Relations Authority and Employment Court.


Andrew Scott-Howman, Barrister/Workplace Investigator, Port Nicholson Chambers
Andrew Scott-Howman is a Wellington based barrister specialising in workplace investigations. He is a graduate of the Association of Workplace Investigator's Training Institute and a member of that specialist interest organisation. He is also a co-author of the Thomson Reuters text "Workplace Bullying in New Zealand". He acts as investigator in both the public and private sectors, and has wide experience in investigating bullying, sexual harassment, and sexual misconduct claims.


Bonnie Simmonds, Senior Solicitor, MinterEllisonRuddWatts
Bonnie is a Senior Solicitor in the employment team. Bonnie acts for clients on both advisory and contentious matters. She regularly assists clients to resolve complex workplace disputes by utilising technical proficiency and pragmatic thinking. She has experience working on a broad range of employment-related matters, including personal grievances, health and safety, the Holidays Act 2003, union bargaining and industrial disputes, restructures, and employment status disputes.

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Employment Law Forum

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Single Session
Tuesday, 25 March 2025
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
$294.00
Online 20241203 20250325

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