Employment Law: Addressing Critical Issues, Essential Updates and Changes

Examine critical employment law issues, legislative updates, & practical applications of recent decisions with a panel of absolute employment experts. Don’t miss it. Gain insights on the impact of Tikanga Māori on employment processes, managing restructurings, restraint of trade & contractor/employee relationships. Ensure policies safeguard against bullying & harassment claims. Examine how to conduct thorough investigations & ensure that surveillance processes align with the Privacy Act.

Thursday, 13 June 2024
Early Bird Discount ends 10 May 2024 $483.00
Description

Attend and earn 7 CPD hours

Session 1: Addressing Critical Issues and Updates in Employment Law

Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West

9.00am to 9.50am Tikanga Māori and the Interplay with Employment Processes

Explore the consideration of mana Māori and tikanga Māori by the Employment Relations Authority and Employment Court and discuss practical applications of Te Ao Māori perspectives in employment and dispute resolution processes.
Presented by Shelley Kopu, Lawyer, Shelley Kopu Law

9.50am to 10.35am Restructures: Managing the Curly Questions for Employers
  • When does an obligation to consult arise?
  • How much information must we provide to affected employees? 
  • What is a lawful selection process? 
  • What are our redeployment obligations? 

Presented by Laura Briffett, Senior Associate, Langton Hudson Butcher and Emma Crowley, Senior Associate, Langton Hudson Butcher

10.35am to 10.50am Morning Break
10.50am to 11.35am Restraint of Trade: Recent Amendments, Drafting and Enforcement
  • Employment Relations (Restraint of Trade) Amendment Bill: What is now considered is reasonable?
  • How to draft restrictive covenants
  • Enforcement of restraints
  • Recent decisions

Presented by Jennifer Mills, Director, Jennifer Mills & Associates

11.35am to 12.20pm Contractor vs Employee Issues, Disputes and Recent Decisions
  • The differences: contractors and employees
  • Recent case law
  • Where to from here

Presented by Melissa Johnston, Partner, McVeagh Flemming; Current Member, New Zealand Law Society Employment Committee

12.20pm to 1.15pm Update on Recent Cases and Legislative Updates
  • Trial periods
  • Holiday Act reforms
  • Recent cases

Presented by Penny Swarbrick, Partner, SBM Legal Barristers & Solicitors

Session 2: Bullying, Mental Health, Investigations & Surveillance

Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West

3.00pm to 4.00pm Conducting Investigations: Tips and Tricks to Get it Right
  • Terms of reference (getting it right from the start)
  • Key points for running a procedurally fair investigation
  • Commonly encountered problems and how to respond

Presented by Bridget Smith, Partner, SBM Legal

2.00pm to 3.00pm How to Protect from Claims for Bullying, Intimidation, Harassment and Mental Health: Ensuring Policies Back You Up
  • What constitutes bullying, intimidation, and harassment?
  • Employers’ obligations
  • Key cases

Presented by Jessica Greenheld, Senior Associate, Simpson Grierson

4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Monitoring and Surveillance Processes in the Workplace and Ensuring Compliance with the Privacy Act 2020
  • Key legal considerations, including the Privacy Act 2020, the Employment Relations Act 2000, and the Health and Safety at Work Act 2015
  • Summary of case law
  • Practical tips regarding implementation

Presented by Rosemary Wooders, Partner, Bell Gully

Presenters


Rosemary Wooders, Partner, Bell Gully
Rosemary Wooders advises employers and senior executives on a wide variety of transactional, contentious and advisory employment matters including personal grievances and disputes, collective bargaining matters, restraints of trade, team move matters, absence management, redundancy and performance issues, and negotiated exits. She also advises on health and safety and privacy matters. An experienced negotiator, Rosemary represents employers and senior executives at mediation. When matters have not settled, Rosemary has represented clients in the Employment Relations Authority, the Employment Court, and the Coroner's Court. In 2022, Rosemary was appointed to The Law Association’s Employment Law Committee (formerly the ADLS Employment Law Committee).


Emma Crowley, Senior Associate, Langton Hudson Butcher
Emma has a background in human resources and employment law and is able to assist with contentious and non-contentious employment related issues. Before qualifying as a practising lawyer, and joining LangtonHudson she worked in HR at an Intellectual Property firm. Emma's background in HR means that her advice is practical and tailored to her clients' needs. Emma has a particular interest in ACC legislation as it relates in the employment context.


Daniel Church, Senior Staff Barrister, Hobson Towers West
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.


Shelley Kopu, Lawyer, Shelley Kopu Law
Ko Taranaki te maunga, ko Tokomaru te waka, ko Te Atiawa te iwi, ko Puketapu rāua ko Pukerangiora oku hāpu. As a specialist employment lawyer, mediator and investigator, Shelley is experienced in traversing the intricacies of the employment relationship across a broad range of industries including education, health, kaupapa Māori, government, finance, sports and iwi. Shelley’s practice is complimented by her directorships with Te Kotahitanga o Te Atiawa (Post Settlement Iwi), Papa Rererangi i Puketapu (New Plymouth Airport) and Tui Ora (Health) as well as voluntary positions with Youthline and St Peters College. These unique attributes differentiate Shelley’s approach to the law and she is committed to addressing the challenges that arise in the employment relationship with a Te Ao Māori lens in a manner that honours Tikanga Māori. Shelley understands and recognises the importance of both a commercial and cultural lens when determining the best strategy for her clients and her indigenous and pragmatic approach is well regarded by those who seek out a sensitive and culturally appropriate practitioner.


Laura Briffett, Partner, Langton Hudson Butcher
Laura has broad experience in employment and commercial law, and her work as an in-house lawyer means that her advice is commercial and pragmatic. She has assisted with litigation in the Employment Relations Authority, Employment Court and High Court, represented clients at mediation, and advised on a range of individual and collective employment relations matters, including strikes, lockouts and bargaining. Laura has a particular interest in assisting employers to protect their proprietary interests against departing employees, and has advised on search orders, team move issues and the enforcement of restraints of trade.


Jennifer Mills, Director, Jennifer Mills & 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.


Melissa Johnston, Partner, McVeagh Flemming
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.


Penny Swarbrick, Partner, SBM Legal Barristers & Solicitors
Penny is a partner at SBM Legal. She has over thirty years of broad legal experience. In the course of her career Penny has worked for the NZ Department of Labour as a solicitor, as an employers’ representative and solicitor with the national employers’ organisation, as a barrister sole before forming this specialist employment law firm. Her expertise is acknowledged by prestigious international legal publications Who’s Who Legal, Chambers Asia Pacific and Asia Pacific Legal 500. Penny has also served as a Convener of the ADLS Employment Law Committee, made submissions on behalf of the Law Society and others to Select Committees on legislative change, provided educational road shows for the Law Society, and is a regular speaker at ADLS, NZLS and private conferences.


Jessica Greenheld, Senior Associate, Simpson Grierson


Bridget Smith, Partner, SBM Legal
Bridget Smith was appointed a Partner on 1 May 2012. Bridget joined SBM as Senior Associate in March 2011 and has over 12 years' experience in employment law. She joined SBM from the Auckland office of a national commercial law firm where she worked as a Senior Associate in its specialist employment team. Previously, Bridget worked as an employment lawyer for another national commercial law firm in its Wellington office. Bridget advises on the full range of employment law issues for both employers and employees alike. She has broad advocacy experience having appeared in the District and High Courts, the Court of Appeal, the Royal Commission on the Pike River Coal Mine Tragedy, as well as making regular appearances in the specialist employment jurisdictions. Bridget is a regular commentator on employment law issues. She has a regular online column on stuff.co.nz and frequently does "live chat" sessions where the public can email her and ask questions. You may be familiar with her articles in publications such as Employment Today, NZ Lawyer, NEWLAW and HER Magazine. In addition, Bridget is regularly sought as a presenter at both client and industry seminars.

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Employment Law: Addressing Critical Issues, Essential Updates and Changes

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Thursday, 13 June 2024
9.00am to 5.15pm Pacific/Auckland
CPD Hours 7
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$690.00
Early Bird Discount ends 10 May 2024 $483.00
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Thursday, 13 June 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
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Afternoon Session
Thursday, 13 June 2024
2.00pm to 5.15pm Pacific/Auckland
CPD Hours 3
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