We know the waters become murky for you and your school when faced with staff engagement on social media concerns plus navigating restructuring, redundancy and performance management issues. That’s why we’ve brought together 7 timely topics to give you the best practical strategies to employ on the ground. Additionally, hear the latest on amendments to the Teaching Council Rules, gain guidance on conflict resolution and how best to work with police. Explore it all at the Education Law Conference!
Chair: Marama Allen, Principal, Ruapehu College
- Interviewing and recruiting: An HR perspective
- Ensuring you hire talent whilst achieving best practice checks
- Recruiting to find the best fit with your organisation's culture
- Interviewing and recruiting: A legal perspective
- Interview questions employers can and cannot ask
- How far can an employer go with conducting reference checks?
- Vulnerable Children’s Act 2014: vetting compliance
Presented by Chris Scarrott, Senior Associate - Kaiwawao Matua, Mahony Horner Lawyers and Stuart Birch, Director, ep.Education
- Getting the basics right: good faith and the legal framework
- Why performance manage in a teacher shortage?
- Performance management and the school environment: documents to keep in mind
- What does performance management actually mean for the non-performing teacher?
- How do I performance manage a school employee?
- Performance management and your sick or injured employee
- Common mistakes
- Tools in the tool kit to avoid performance management issues in the first place
Presented by Kirsty Wallace, Senior Associate, Duncan Cotterill
- The importance of redundancy proposals being genuine, and not a sham
- Explaining the rationale for proposed changes and providing relevant information
- Issues that can arise during consultation
- Genuinely considering feedback
- Redeployment and selection processes: potential pitfalls to avoid
- The risk of a personal grievance and possible remedies
Presented by Andrea Pazin, Special Counsel, Bell Gully
Chair: Tim Fox, Deputy Principal, Hutt Valley High School
- Staff misconduct on social media: What can you do?
- A staff member posts stories about their drunken weekend party, including questionable photos: What should you do?
- How far can you go in managing your staff’s social media activity?
- Inappropriate online interaction with students: from serious misconduct to the grey areas
- Social media policies: practical tips and example policy provisions
- Getting reluctant staff to appropriately engage in social media
- Relevant case law and examples
Presented by Lucy Jenkins, Special Counsel - Employment Team, Simpson Grierson
- Nature and scope of conflict in an increasingly fraught environment
- Issue identification and early intervention
- Restorative processes
- Facilitation and mediation
- Options when matters continue to escalate
Presented by Geoff Davenport, Barrister, Capital Chambers
An explanation of the amendments to the Teaching Council Rules as well as an update on recent matters that have been brought before the Teaching Council and take away lessons and key learnings that can be applied to your school.
Presented by Sarah Baker, Lead Lawyer, Teaching Council of Aotearoa New Zealand and William Kronast, Lawyer, Teaching Council of Aotearoa New Zealand
- Rights of young people when being spoken to by the police
- Search and seizure: what can you reasonably ask for (e.g. mobile phones)?
- Social media issues: How do we educate young people to stay safe in a virtual environment?
- Dealing with drugs and trespass
Presented by Janine Bonifant, Barrister, Aurora Chambers
- Consider best practice strategies for interviewing and recruiting staff
- Receive practical guidance on undertaking performance management on staff in your school
- Benefit from a discussion restructuring and redundancy to better understand pitfalls and risk
- Examine how best to manage staff engagement with social media including tips and traps
- Reflect on the Teachers; Council Decisions and amendments to the Teaching Council Rules
- Learn best practice tips to resolve conflict in the education environment through restorative processes
- Gain practical tips to implore when working with police
Presenters
Ms. Kirsty Wallace, Senior Associate, Duncan Cotterill
Kirsty is a seasoned litigation and dispute resolution lawyer specialising in employment law. She is also experienced in commercial litigation, medico-legal matters and local authority regulation as a prosecutor. Kirsty has represented clients in a wide range of disputes in various courts and tribunals including mediation, the Employment Relations Authority, the District Court, the High Court and a number of specialist tribunals. Kirsty enjoys building strong relationships with clients, understanding their matter and then providing clear and practical solution based advice that delivers results.
Mr. Chris Scarrott, Senior Associate - Kaiwawao Matua, Mahony Horner Lawyers
Chris Scarrott has practiced in employment law for more than seven years, advising employee and employer clients on a range of matters. He is focused on providing pragmatic advice to enable clients to make the best decisions available to them. Chris has acted on matters involving educators throughout his time in practice, and frequently acts on matters involving in-house or independent investigations. He has experience in the full spectrum of employment law, ranging from contractual issues to restructuring, disciplinary and performance related matters. He has presented numerous seminars on a wide range of employment and health and safety related topics. Chris worked for Cullen – The Employment Law Firm for over 5 years before Cullen joined Mahony Horner Lawyers, and prior to that worked for the Ministry of Business, Innovation and Employment where his role included providing information to members of the public on employment matters, as well as advice on tenancy issues.
Ms. Lucy Jenkins, Special Counsel - Employment Team, Simpson Grierson
Lucy Jenkins is a Special Counsel in the firm's employment law group in the Wellington office. Lucy has worked with Simpson Grierson since 2004 (excluding periods working for Freshfields Bruckhaus Deringer in London, and 3 periods of parental leave). Lucy advises on all areas of employment law and advisory work, and health and safety. Lucy regularly assists clients with making strategic personnel changes at an executive level. Key to addressing her clients' needs, Lucy assists both in preventing employment problems arising, and in representing clients in the event employment relationships have broken down. In this latter capacity, Lucy regularly attends mediations, investigation meetings in the Employment Relations Authority, and hearings in the Employment Court.
Mr. Geoff Davenport, Barrister, Capital Chambers
Geoff Davenport has been a specialist employment lawyer for over 26 years. He has worked in New Zealand and overseas, including for the United Nations. He has a Masters Degree in Law, focusing on issues of good faith. He acts for public and private sector employers, unions and employees throughout the country, and commenced at the Bar in May 2019.
Ms. Andrea Pazin, Special Counsel, Bell Gully
Andrea is an experienced litigation lawyer specialising in employment law, health and safety and education work. She is a Special Counsel in Bell Gully's industry-leading employment team. She advises on a broad range of employment matters. In the education sector she has advised ECE Centres, Schools, Universities, Polytechs, the Ministry of Education and Te Pūkenga – New Zealand Institute of Skills and Technology.
Ms. Janine Bonifant, Barrister, Aurora Chambers
Janine Bonifant has had over 25 years’ experience as a litigator with a focus on criminal law. She has prosecuted and defended many trials in the District and High Courts. Janine currently practices as barrister in Wellington. Janine is a Youth Advocate in Porirua and Wellington. In addition to criminal defence work, Janine has been a faculty member on the NZLS Litigation Skills Programme since 2006 and was Director in 2013 and 2017. She is currently an instructor for the Institute of Professional Legal Studies. Janine is also an author for Lexis Nexis.
Mr. Stuart Birch, Director, ep.Education
Stu Birch is the Founder and MD of ep.education, formerly Education Personnel). Stu has recruited and led recruitment teams across Early Childhood, Special Education, Primary and Secondary education for over two decades. ep.education recruit temporary and permanent teachers, leaders and education specialists for NZ's leading education providers, for government, education NGOs and businesses. Stu has taught all ages from new entrants to adults and is an experienced school BOT member and chair.
Ms. Marama Allen, Principal, Ruapehu College
Marama Allen is of Te Āti Haunui-a-Pāpārangi and Tuwharetoa descent. Marama graduated with a Masters in Secondary School Leadership at Victoria University in 2019 and, a year later, became the principal of Ruapehu College. Prior to that, she was the deputy principal at the college for five years. In August 2022, Marama was invited to join the Masters of Secondary School Leadership advisory board. She is interested in distributed and transformative leadership in order to strengthen teacher capability that contributes to the collective strength and successes as expressed in the whakatauki, Ehara taku toa i te toa takitahi, engari he toa takitini.
Ms. Sarah Baker, Lead Lawyer, Teaching Council of Aotearoa
Sarah Baker is the Lead Lawyer at the Teaching Council of Aotearoa New Zealand. She is New Zealand trained but was also admitted and worked as a Solicitor in both England and the Cook Islands. Sarah’s legal practice has been predominately within the regulatory, disciplinary, and criminal legal sectors. She has worked in New Zealand in private practice in general litigation, in the United Kingdom she worked for both, the Crown Prosecution Service and the UK financial regulator, the Financial Conduct Authority. In her role as Lead Lawyer Sarah manages the Teaching Council legal team which assists both the conduct and teacher capability teams with all matters referred to either the Complaints Assessment Committee or the Competence Authority. Sarah also manages all matters referred to the Disciplinary Tribunal.
Mr. Tim Fox, Deputy Principal, Hutt Valley High School
Tim Fox is debuty principal at Hutt Valley High School. Tim has taught in a variety of schools for over 30 years. A Science/Biology teacher by trade, Tim developed his curriculum leadership and deaning skills in low decile schools while also taking on a variety of marking contracts with NZQA. A senior leader since 2005 and at HVHS since 2011, Tim runs the daily operations, EOTC and Health and Safety of the school. In Tim's spare time, he hangs out with family, garden and as an ex rugby referee is a devoted follower of the beautiful game (rugby that is).
Mr. William Kronast, Lawyer, Teaching Council of Aotearoa New Zealand
William is a lawyer for the Teaching Council of Aotearoa New Zealand. Prior to this he worked for a small firm the Manawatu providing advice and representation on matters relating to Criminal (including Youth Justice), Family, and Employment Law. He has additionally worked for Community Law providing local organizations with legal education and ensuring that the most vulnerable areas of the population have access to justice.