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Managing Employee Misconduct: Legal, Procedural and Practical Insights

Through recent case law and practical guidance, learn how to assess risk, make defensible decisions and achieve fair disciplinary outcomes that can withstand scrutiny. Gain insights into managing employee conduct with a sound understanding of the disciplinary process, and the ability to navigate the complex legal, procedural and human factors that can arise along the way. Be equipped with the skills to confidently run a fair and robust disciplinary process, while addressing the complications that frequently arise. Gain clarity on the distinction between misconduct and serious misconduct, examine the threshold for dismissal and explore challenging scenarios.

Thursday, 26 November 2026
12.00pm to 1.00pm Running a Disciplinary Process and Where it gets Complicated
  • The disciplinary process itself
  • The scenarios that complicate things in practice, parallel processes (criminal, ACC, H&S), managing health and wellbeing obligations that constrain or pause a process, dealing with support people and union reps and cultural considerations

Presented by Charlotte Evans, Special Counsel, Dentons

Learning Objectives:
  • Navigating running a disciplinary process and where it gets complicated
  • Understanding what conduct amounts to serious misconduct or misconduct and the potential disciplinary outcomes
Description

Attend and earn 2 CPD hours

1.00pm to 2.00pm What Conduct Amounts to Serious Misconduct or Misconduct and the Potential Disciplinary Outcomes
  • What amounts to serious misconduct vs misconduct
  • The dismissal threshold
  • Considerations re cumulative conduct, out-of-work conduct, social media/online conduct, whether conduct is truly misconduct or performance
  • The implications of the new case law on matters such as serious misconduct and contribute

Presented by Louise Robertson, Senior Associate, Buddle Findlay

Chair:

Steph Dyhrberg, Barrister, Steph Dyhrberg Barrister; Doyle's Guide 2026, Leading Junior Counsel Employment Law;

Presenters

Steph Dyhrberg, Barrister, Steph Dyhrberg Barrister
Steph started her legal career working for 7 years at a large law firm, Russell McVeagh in Wellington. After developing her litigation skills and a special interest in employment law, she worked as a Crown Counsel at the Crown Law Office and for a boutique Human Resources company. For 18 years she worked in private practice, first on her own and then as one of the founding partners of Dyhrberg Drayton Employment Law. Since 1 June 2023, she has worked as a barrister (an independent lawyer). Steph specialises in investigations, mediation and facilitation, and resolving complicated situations, including addressing sexual harassment and bullying.

Charlotte Evans, Special Counsel, Dentons
Charlotte Evans is a Special Counsel in the Employment and Labour team and the Health and Safety team based in Dentons New Zealand Auckland office. Charlotte advises on all areas of employment law including employment agreements, company policies, personal grievances, company reorganisations, bullying and harassment issues, management of performance, investigations, disciplinary matters and terminations. She also has health and safety expertise, advising clients on both contentious and non-contentious issues, and has experience advising clients on accepted enforceable undertakings. Charlotte has represented clients in proceedings before the Employment Relations Authority, the District Court and the Employment Court. Charlotte has been involved in complex litigation, including a landmark claim to the Employment Court regarding a contractual mistake issue.

Louise Robertson, Senior Associate, Buddle Findlay
Louise specialises in employment and industrial relations, privacy and official information, litigation and dispute resolution. Louise advises on a wide range of employment matters including personal grievances, disciplinary and performance processes, restructuring and redundancy, medical incapacity, compliance with minimum standards, information requests and privacy breaches, corporate due diligence, human rights and discrimination, managing complaints and workplace investigations.  She is also experienced in preparing, reviewing and advising on employment agreements, contractor agreements, workplace policies and records of settlement. Louise regularly attends mediation and has appeared in the Employment Relations Authority, Employment Court, High Court and Court of Appeal.

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Managing Employee Misconduct: Legal, Procedural and Practical Insights

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Single Session
Thursday, 26 November 2026
12.00pm to 2.00pm New Zealand
CPD Hours 2
$255.00
$178.50
Online 20260811 20261126

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