Employment Law Conference

Employment law is continuously evolving and changing. You are shaping your client’s workplace strategies and ensuring that they can meet the challenges presented to them on a day-to-day basis. Cut to the core of the most complex issues including sexual harassment, mental health, dispute resolution processes, restructuring, workplace investigations and the disciplinary process. Enjoy the unique opportunity of an interactive Q and A session with our distinguished panel.

Wednesday, 21 June 2023
2.00pm to 4.00pm Workplace Investigations

 

  • When to investigate
  • Planning the investigation
  • Types of investigations
  • What external investigations require, determining the scope of the investigation
  • Conducting an investigation
  • Principles of procedural fairness
  • Key considerations during the investigation
  • Finalising the investigation
  • Standard of proof
  • Pitfalls
  • Next steps

Presented by Melissa Johnston, Partner, McVeagh Fleming

10.50am to 11.35am Personal Grievance Claims and Navigating Dispute Resolution Processes

 

  • Types of employee claims
  • What to do on receipt of a personal grievance
  • Dispute resolution options
  • What to prepare when starting a process
  • Suggested approaches to mediation

Presented by Sarah McFetridge, Senior Associate, Bell Gully

4.15pm to 5.15pm The Disciplinary Process:

 

  • Statutory requirements
  • Contractual requirements
  • Suspension
  • Uncooperative and/or unavailable respondents
  • Tricky issues

Presented by Ashley-Jayne Lodge, Partner, Anderson Lloyd

9.50am to 10.35am Mental Health Challenges in the Workplace

 

  • Employer’s obligations under the Health & Safety at Work Act 2015
  • Addressing performance or conduct issues when mental health is a factor
  • Mental health and discrimination
  • Capacity to settle employment claims

With materials prepared by Karina McLuskie, Partner, Tompkins Wake
Presented by Michelle Urquhart, Senior Associate, Tompkins Wake

9.05am to 9.50am Sexual Harassment in the Workplace

 

  • What is and what isn’t sexual harassment?
  • Is sexual harassment something we need a policy for?
  • Culture and prevention
  • The process following a complaint
  • What happens after a complaint

Presented by Fiona McMillan, Partner, Lane Neave

11.35am to 12.20pm Disputes Arising from Restructuring

 

  • Substantive justification:  Do we have genuine reasons?
  • Procedural fairness: Pre-determination/Mixed Motives/Selection Criteria/Redeployment
  • Disclosure of information: Are there any limitations?

Presented by Jennifer Mills, Director – Head of Practice, Jennifer Mills and Associates

Session 1: Navigating Employment Challenges and Disputes

Chair: Daniel Church, Staff Barrister, Catherine Stewart Chambers

Session 2:Workplace Investigations and the Disciplinary Process

Chair: Javana Schiphorst, Staff Barrister, Catherine Stewart Barrister, Hobson Street, Auckland Central

Description

Attend and earn 7 CPD hours

9.00am to 9.05am Opening Comments by the Chair
12.20pm to 1.05pm INTERACTIVE PANEL DISCUSSION: Practical Solutions to Minimise Risks when Dealing with Claims, Disputes and Restructuring

 

An interactive session regarding relevant employment laws and policies which will include Q and A 

 

Topics covered will include: 
Sexual Harassment: Identifying, reporting and resolving incidents of sexual harassment: useful tips and takeaways

 

Mediation and dispute resolution options: unpack the processes, preparation and essentials for resolution

 

Practical examples when addressing performance or conduct issues when mental health is a factor
Facilitated by: Daniel Church, Staff Barrister, Catherine Stewart Chambers

 

Panellists include:
Jennifer Mills, Director – Head of Practice, Jennifer Mills and Associates
Fiona McMillan, Partner, Lane Neave
Sarah McFetridge, Senior Associate, Bell Gully
Michelle Urquhart, Senior Associate, Tompkins Wake

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:

 

  • Reflect on disputes arising from restructuring
  • Receive practical guidance on sexual harassment in the workplace
  • Learn useful tips when responding to personal grievance claims
10.35am to 10.50am Morning Tea
4.00pm to 4.15pm Afternoon Tea
Learning Objectives:

 

  • Reflect on disputes arising from restructuring
  • Consider best practice regarding workplace investigations
  • Receive practical guidance on sexual harassment in the workplace
  • Learn useful tips when responding to personal grievance claims
  • Gain perspectives on the disciplinary process

Presenters


Mr. Daniel Church, Staff Barrister, Catherine Stewart Chambers
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.


Ms. Fiona McMillan, Partner, Lane Neave
Fiona is the Auckland Partner of the Employment Law team and commenced her career with Lane Neave in 2007. Fiona and her team act for both employees and employers in matters involving employment relations, health and safety, human rights, privacy and ACC. Fiona advises on all aspects of termination including performance management, misconduct, serious misconduct, medical incapacity, restructurings and redundancies and negotiated exits. She also specialises in collective bargaining, human rights commission matter and independent external investigations. In 2019, Fiona undertook the certification from the Association of Workplace Investigators in Vail, Colorado, USA. Fiona regularly represents employers in Mediations, Employment Relations Authority Investigation meetings and the Employment Court. She acted as counsel in the leading case on penalties – Borsboom v PVT Limited and the leading case on union discrimination – Lamont and Others v Ritchies Transport Holdings Limited. Fiona was nominated for Young Lawyer of the Year at the 2016 Law Awards. In 2022, she was recognised as an Elite Woman in NZ Lawyer’s annual rankings. Also in 2022, Fiona was named in the Doyle’s Guide as a recommended Employment Lawyer. Fiona has also been recognised in Legal 500 and Chambers & Partners as a leading employment and health and safety practitioner in New Zealand.


Ms. Karina McLuskie, Partner, Tompkins Wake
Karina is a highly experienced Partner in the Employment Law team at Tompkins Wake. With over 10 years of experience specialising in Employment Law, Karina is dedicated to protecting the commercial interests of her clients and providing them with practical advice to manage and mitigate any potential risks. She works with a diverse range of clients, including both employers and employees, in all employment related matters. Her areas of expertise include preparing and interpreting employment documents, collective bargaining, health and safety, organisational restructuring, medical incapacity, disciplinary matters, performance management, employment relationship problems and other contentious issues that arise in the employment relationship. She is a skilled advocate and can provide representation at all levels of the dispute process. Karina has developed a reputation as a trusted advisor among her clients due to her pragmatic approach and ability to provide effective solutions to complex employment issues. She is particularly well-versed in the unique challenges and complexities of Employment Law within the local government context and is committed to providing tailored solutions to meet the specific needs of her clients.


Ms. Javana Schiphorst, Staff Barrister, Catherine Stewart Barrister
Javana Schiphorst joined Catherine's team as a staff barrister in 2021, and holds a Bachelor of Laws degree from the Auckland University of Technology. Javana advises and represents clients on all employment matters and is able to assist on both contentious and non-contentious employment-related matters. Javana has experience representing both employees and employers, regularly represents clients at mediations and has appeared at the Employment Relations Authority. Prior to joining Catherine's team, Javana held roles as a junior barrister specialising in civil litigation with appearances at the High Court of New Zealand, an in-house lawyer and a general practice solicitor. Prior to her legal career, Javana had experience in owning and operating businesses, e-commerce and managing companies. Bringing together her varied experience, Javana appreciates employment issues from both perspectives: employer and employee. Her advice is pragmatic and solution-focussed, and she is committed to providing strong advocacy for her clients. Javana enjoys presenting and chairing employment law seminars.


Ms. Ashley-Jayne Lodge, Partner, Anderson Lloyd
Ashley-Jayne (AJ) advises clients in all aspects of employment law working with them to provide practical, pragmatic solutions to often complex employment issues. She has represented both employers and employees in the education sector, including from early childhood, primary, and secondary schools. AJ can assist employers, employees, and HR professionals with all manner of employment advice, including day to day management of employees, restructures and redundancies, employee claims, advising on and providing representation in human rights matters, health and safety, and employment agreements and policies. AJ represents clients at mediations, in the Employment Relations Authority, Employment Court, and Human Rights jurisdictions, as well as representing and advising sports players and clubs in disciplinary and general matters. AJ is also an experienced investigator, having conducted workplace investigations, reviews, and other independent investigations in both the public and private sector. AJ is a certified Association of Workplace Investigators member and Certificate Holder (AWI-CH) and conducts independent investigations for both employers and other organisations, including schools and tertiary institutions.


Ms. Michelle Urquhart, Senior Associate, Tompkins Wake
Michelle is a Senior Associate based in Tompkins Wake’s Rotorua office. She was admitted to the bar in 2015, and after 2 years sitting as a Disputes Tribunal Referee, she has worked in private practice in the wider Bay of Plenty since then. Michelle has specific expertise in employment law and immigration issues and has a particular interest in cross-cultural disputes. She acts on a wide range of employment and immigration matters including assisting with immigration applications, taking appeals to the Immigration and Protection Tribunal and acting for parties in employment disputes. She also provides independent employment investigation services. Michelle provides pragmatic advice and support to resolve a wide range of employment, immigration and civil disputes as both an advocate and a mediator. Michelle is an Associate of the Arbitrators and Mediators Institute of New Zealand and an appointed member of the Mediation Panel. She has given regular presentations and training sessions on ethics and privilege in mediation to AMINZ members and as a guest lecturer at Waikato University.


Ms. Sarah McFetridge, Senior Associate, Bell Gully
Sarah is a senior associate in the employment and workplace safety team. She acts on a broad range of employment law matters, both contentious and non-contentious. Sarah has particular experience in advising clients undergoing employee investigations, personal grievance claims, disciplinary and performance processes, restructurings and negotiated exits. She is regularly engaged on the employment aspects of corporate transactions, large-scale global projects, and represents clients navigating dispute resolution processes. She also assists clients to implement sound practices in New Zealand, including advising on cross border issues, executive remuneration arrangements, employment agreements, independent contractor agreements, bonuses, and other HR documentation and policies. Sarah joined Bell Gully having returned to New Zealand after five years in London where she gained international experience in employment and pension law at Slaughter and May, and Reed Smith. Prior to Sarah's time in London, she was part of the employment and health and safety team at another top tier New Zealand law firm. In 2021, Sarah contributed to Allen & Overy's “Employment Reorganisation Roadmap”, a free resource which answers key questions about the process to follow in employment reorganisations in 35 jurisdictions, including New Zealand.


Ms. Jennifer Mills, Director – Head of Practice, Jennifer Mills and 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.


Ms. Melissa Johnston, Partner, McVeagh Fleming
Melissa has worked for both employers and employees on a range of employment issues including contentious and non-contentious matters. She advises employers on significant restructures, redundancies, personal grievances, mediations, employment documentation, employee entitlements and undertake and advise on employment investigations. Melissa advises employees on matters including: disciplinary and performance issues; redundancies; personal grievances and employment documentation. Her clients tell her that she is approachable, and provides pragmatic and practical advice. In 2018, Melissa was a recommended practitioner in the Legal 500. In 2019, she was named as a Rising Star in the Legal 500.

236NZA04

Employment Law Conference

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Wednesday, 21 June 2023
to Pacific/Auckland
CPD Hours 7
7
$690.00
Face to Face 20240508 20230621

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Morning Session
Wednesday, 21 June 2023
to Pacific/Auckland
CPD Hours 4
4
$420.00
Face to Face 20240508 20230621

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On Demand 20240508 20230621

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Afternoon Session
Wednesday, 21 June 2023
to Pacific/Auckland
CPD Hours 3
3
$345.00
Face to Face 20240508 20230621

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On Demand 20240508 20230621

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Venue
Rydges Auckland

59 Federal St, Auckland  

Directions Parking Information

Valet Parking
Rydges Auckland offers Valet Parking for all guests. Daily charges are NZ$38.00.  Guests can valet their car unlimited amounts of time for the one daily flat fee. The maximum height of the car park is 1.9m. Limited spaces are available.

Self Parking
Guests can self-park NZ$30.00 on a per exit basis per 24 hours. The reduced parking tickets require being validated from reception.