Termination of employment remains one of the most legally sensitive and high-risk areas in workplace relations and with major legislative changes on the horizon, employers need to be more vigilant than ever. Explore the “golden rule” of New Zealand employment law: that every dismissal must be both substantively justified and procedurally fair and examine what that means in today’s landscape. Gain practical insights into upcoming reforms affecting termination processes plus examine redundancy, redeployment and incapacity due to stress or mental illness. Be guided through the latest cases, changing remedies and key compliance steps to mitigate risk and ensure fair and lawful outcomes.
Tuesday, 3 March 2026
4.00pm to 4.15pm Afternoon Break
Description
Attend and earn 3 CPD hours
3.00pm to 4.00pm Redundancies, Restructuring & Redeployment: Legal and Practical Insights
- Overview of employer obligations under New Zealand employment law
- Managing restructuring processes: consultation and communication
- Legal requirements and risks associated with redundancy decisions
- Redeployment options and obligations: supporting affected employees
Presented by Ruvin Pattiaratchi, Senior Associate, MinterEllisonRuddWatts
4.15pm to 5.15pm Termination: Issues with Stress and Mental Illness
- How should an employer deal with claims of stress or mental health issues in a termination process?
- What if the employee blames mental health issues on the employer, during a potential termination process?
- Can an employee be terminated due to incapacity arising from mental health issues?
- What are some of the legal risks for both employees and employers in these types of situations?
Presented by Jin Park, Staff Barrister and Hanifa Kodirova, Staff Barrister, Catherine Stewart Barrister
2.00pm to 3.00pm Employment Law is Changing: What do You Need to Know When Terminating an Employee?
The government has recently announced substantial changes to employment law, including a complete overhaul of Holidays Act. Discuss the key changes being made and what you need to do to prepare for the changes.
- The new “gateway test” and the impact this may have when terminating a contractor agreement
- The “salary threshold” and the impact this may have when terminating senior employees
- The changes to remedies available for unjustified dismissal claims and how this changes our risk analysis
- The changes to calculation of holiday entitlements on termination
Presented by Kirsti Laird, Special Counsel, Wynn Williams
Learning objectives:
- Understand the key legislative changes impacting termination processes and remedies for unjustified dismissal
- Identify practical steps to ensure compliance with new laws when managing employee and contractor terminations
- Recognise employer obligations when managing restructuring and redundancy processes under NZ employment law
- Identify the legal and ethical considerations when terminating employment involving mental health or stress-related issues
- Understand the employer’s duty of care and procedural requirements when managing incapacity or psychological injury claim
Chair:
Kathryn Dalziel, Barrister Sole; Adjunct Professor of Practice Law Faculty, University of Canterbury
Presenters
Kathryn Dalziel, Barrister, Walker Street Chambers
Kathryn is a senior barrister practising in employment and privacy law as well as civil litigation and professional ethics. Kathryn is an Adjunct Professor of Practice in the Faculty of Law, University of Canterbury and she 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 she authors the Privacy Law Chapter in Human Rights Law – Westlaw NZ (online).
Kirsti Laird, Special Counsel, Wynn Williams
As a special counsel in our employment team, Kirsti has over 20 years of experience advising on all aspects of employment law. She regularly advises both employers and employees in relation to all aspects of employment relationships, including performance and conduct issues, personal grievances and other disputes, restructuring, whistleblowing and human rights, restraints of trade and negotiated exits. Building upon her many years in practice in the UK, Kirsti has specialist experience in privacy law and the employment aspects of corporate transactions, including the transfer of vulnerable employees. Kirsti’s clients value her strategic and practical advice designed to find solutions to problems that arise in workplaces.
Ruvin Pattiaratchi, Senior Associate, MinterEllisonRuddWatts
Ruvin is a senior associate in our employment team. He provides advice on a broad range of employment law and health and safety matters to clients across the business spectrum. Ruvin can guide you through disciplinary matters, personal grievances, Holidays Act, individual and collective employment agreements, restructuring and redeployment, and business sale or acquisition. Ruvin can also act as the investigator in employment investigations. Ruvin assists clients to improve their health and safety performance and understand their obligations and risks under the Health and Safety at Work Act. He has particular interest in health-related matters, including workplace bullying, harassment, and discrimination. Ruvin has appeared as legal counsel in the Employment Relations Authority. He has extensive litigation experience and regularly appeared in the Family Court in his previous roles.
Hanifa Kodirova, Staff Barrister, Catherine Stewart Barrister
Hanifa Kodirova is a Staff Barrister in Catherine’s team. In 2024, Hanifa graduated from Victoria University of Wellington with a Bachelor of Laws and a Bachelor of Arts (International Relations), and completed an exchange semester in Law at the University of Leeds in the United Kingdom. Prior to joining Catherine’s team in 2025, Hanifa worked as a civil litigation solicitor, including some employment law, which led to her strong interest in employment law and exploring different methods of dispute resolution. Hanifa is able to assist with the full range of employment law queries and concerns, including mediations and filing proceedings in the Employment Relations Authority.
Jin Park, Staff Barrister, Catherine Stewart Barrister
Jin Park is a Staff Barrister in Catherine’s team. In 2009, Jin completed his Bachelor of Laws degree with Honours at the London School of Economics and Political Science in the United Kingdom. He has worked in managerial roles for several international organisations and a church organisation before being admitted as a Barrister and Solicitor of the High Court of New Zealand in December 2018. Before joining Catherine’s team in 2024, Jin worked in a specialist employment law firm providing legal advice to large scale international NZX and ASX listed organisations. Prior to that, he worked as a civil litigation solicitor in a boutique firm and also in one of Australasia’s largest employment relations firms providing advice and representation on contentious employment matters. Jin is dedicated to providing clients with timely and pragmatic advice with the goal of fostering strong client relationships and developing a deep understanding of their unique business needs. Jin advises and represents clients on all areas of employment law, including personal grievances, corporate restructuring, performance improvement processes and disciplinary investigations, restraints of trade, and confidentiality breaches. He holds a keen interest in all areas of employment law, as well as developments in privacy law, technology law and medical law, particularly where they intersect with employment law.
