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.
Attend and earn 3 CPD hours
- 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
- 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 Daniel Church, Senior Staff Barrister, Catherine Stewart Barrister
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
- 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
Presenters
Daniel Church, Senior Staff Barrister, Catherine Stewart BarristerDaniel 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. In addition he has experience in independent contractor disputes and civil mediations and arbitrations. He presents seminars at conferences on employment law, as well as education law matters which are topical and of particular interest to school leaders.
Kirsti Laird, Special Counsel, Wynn Williams
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.
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.