Education Conference 2021 in Wellington
212NZW01: Hear from the Teaching Council and leading practitioners and gain practical insights into professional conduct and employment law issues including medical incapacity, the latest employment legislation and cases, workplace investigations and social media in schools. You will develop strategies to manage school governance, student discipline and de-escalate parental complaints. Gain the tools to lead your school lawfully and effectively in 2021.
Description
Attend and earn 7 PLD Hours
Session 1
Critical Employment Issues Affecting School Staff
Chair: Kaylene Macnee, Principal, Pinehaven School
8.45am to 8.50am Opening Comments by the Chair
8.50am to 9.40am Mental Health and Medical Incapacity: The Legal Requirements and Your Obligations
- The legal requirements and obligations for employers around mental health and workplace stress
- Obligations to provide employees’ with a safe work environment
- How to manage issues when they arise: return to work and medical termination
Presented by Johanna Drayton, Partner and Jordan Boyle, Senior Associate, Dyhrberg Drayton Employment Law
9.40am to 10.30am Update on Employment Legislation and Cases Affecting Schools
- The Education and Training Act 2020
- Privacy law changes
- Equal pay legislation
- Triangular employment relationships
- An update on the Holidays Act review
- Other potential legislative changes on the horizon
- Review of recent and significant case law affecting schools
Presented by Andrea Pazin, Senior Associate, Bell Gully
10.30am to 10.45am Morning Tea
10.45am to 11.35am Critical Issues Arising in Workplace Investigations
Workplace investigations are becoming a more common occurrence in New Zealand. Where an employer receives a complaint of inappropriate behaviour (often involving allegations of either sexual harassment or bullying) there is an increasingly trend for an independent, external investigator to be engaged. Investigations of this type have become more common in the education sector - and, indeed, some of the leading cases involve investigations of this type. Examine some of the issues that can arise in such an investigation, and offer some suggestions about when to engage an independent investigator, and what to expect from that person once engaged.
Topics to be covered include:
- Exactly when should an independent person be considered?
- Who is “independent”, and how can such a person be found?
- What to expect in an investigation, especially including:
- The obligation of natural justice
- Confidentiality
- Timing….and the prospect of delay
- What happens after a report is received?
Presented by Andrew Scott-Howman, Barrister, Port Nicholson Chambers
11.35am to 12.25pm Social Media in Schools: Managing Staff Misconduct
- Staff misconduct on social media: What can you do?
- Social media policies: Practical tips and example policy provisions
- Managing online interaction between staff and parents
Presented by Sianatu Lotoaso, Senior Solicitor, Simpson Grierson
12.25pm to 12.30pm Final Q+A and Closing Comments by the Chair
12.30pm to 1.15pm Lunch
Session 2
Governance and Navigating Discipline and Complaints
Chair: Denise Johnson, Acting Principal, Hutt Valley High School
1.15pm to 1.20pm Opening Comments by the Chair
1.20pm to 2.10pm Under the Radar: The Principals' Stories
- The role of the Principal
- As the Board's chief executive
- As the Board's employee
- Governance and management
- What should happen
- What can happen when things go wrong
Presented by Fi McMillan, Senior Associate, Anderson Lloyd
2.10pm to 3.00pm Protection from Parents: Common Complaints and Strategies for De-escalation
- What is a complaint?
- Early interactions with parents
- Common complaints including removing parents from school grounds
- Strategies for de-escalation
- Setting the ground work in schools policies and procedures
- PR considerations
Presented by Heather Murdoch, Principal, Trollope & Co (Incorporating Maurice Walker and SB Law)
3.00pm to 3.15pm Afternoon Tea
3.15pm to 4.05pm Navigating Student Discipline
- Stand downs, suspensions, exclusions, expulsion
- What to do about potentially criminal conduct
- Interactions with the Police in relation to student discipline
- Update on recent Court decisions of interest
- School uniforms and human rights
Presented by James Pullar, Partner, Taylor Shaw Barristers & Solicitors
4.05pm to 4.55pm Update from the Teaching Council on Professional Conduct and Competence
Update from the Teaching Council on New Zealand Teachers Disciplinary Tribunal decisions.
Presented by Megan Neill, Lead Lawyer, Teaching Council of Aotearoa New Zealand
4.55pm to 5.00pm Closing Comments by the Chair
Presenters
Kaylene Macnee, Principal, Pinehaven School
Kaylene Macnee is principal of Pinehaven Primary School, a contributing school with a roll of 250 students. Having never really left school, Kaylene moved straight to teaching from secondary school and has enjoyed a teaching career of 27 years that spans across all levels of the primary and intermediate sectors, both in New Zealand and London. Kaylene is the past President of the Wellington Primary Principals Association, a role that has enabled her to be involved in networks beyond her local school and area, including Ministry of Education forums and reference groups.
Johanna Drayton, Partner, Dyhrberg Drayton Employment Law
Johanna Drayton is a partner at Dyhrberg Drayton Employment Law, a specialist employment law practice in Wellington. Johanna has over 25 years post admission experience working in a large law firm (now known as DLA Piper), and then as a partner in a boutique litigation law firm (Parker & Associates). She is the author of the Privacy, Official Information and Human Rights Act chapters in the legal text The Law of Civil Remedies, published by Brookers. She is a Board Member of Vitae, a nationwide provider of workplace wellness and assistance services.
Jordan Boyle, Senior Associate, Dyhrberg Drayton Employment Law
Jordan joined Dyhrberg Drayton Employment Law in 2016, coming from another boutique employment law firm where he practised as a solicitor, advising clients on all aspects of employment law. Jordan advises employers and employees on a range of employment law matters including personal grievances, Privacy Act requests, performance management, disciplinary and restructuring processes, and reviewing and drafting employment agreements and policies. Jordan has assisted in running investigations for many employers, small and large alike, and has been involved in investigations in large government departments.
Andrea Pazin, Senior Associate, Bell Gully
Andrea is an experienced litigation lawyer specialising in employment law, health and safety and education work. She is a senior associate 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 and the Ministry of Education.
Andrew Scott-Howman, Barrister, Port Nicholson Chambers
Andrew Scott-Howman is a Wellington based barrister specialising in workplace investigations. He is a graduate of the Association of Workplace Investigator's Training Instititute, and is a member of that specialist interest organisation. He is also a co-author of the Thomson Reuters text "Workplace Bullying in New Zealand". He acts as investigator in both the public and private sectors, and has wide experience in investigating bullying, sexual harassment and sexual misconduct claims.
Sianatu Lotoaso, Senior Solicitor, Simpson Grierson
Sianatu Lotoaso is a Senior Solicitor in Simpson Grierson’s national employment team and before that worked as in-house counsel advising employers of a national trade association. Sianatu advises on a range of employment law including defending personal grievance claims, addressing bullying within the workplace, Privacy Act requests, restructuring, disciplinary and performance management processes.
Fiona McMillan, Senior Associate, Anderson Lloyd
Fiona is a Senior Associate at Anderson Lloyd, specialising in employment and education law. Prior to becoming a lawyer Fiona worked as a primary school teacher in New Zealand and in the UK, and completed a Post Graduate Diploma in Child Advocacy. She has also worked on several Boards. This experience puts her in a strong position to advise on employment matters and on legal issues affecting schools. Fiona is committed to working with her clients to find the best possible outcome, whether that can be achieved by constructive discussions and resolution of issues or through more formal processes.
James Pullar, Partner, Taylor Shaw Barristers & Solicitors
James is a Partner at Taylor Shaw and is the head of the Civil Litigation and Employment, and Education Law practice. He acts for a wide variety of clients including local and national businesses, School Boards of Trustees, Independent Schools around New Zealand, and private individuals. James is recognised as a senior litigator and employment lawyer. James also advises clients in relation to matters that arise in a School environment, including suspensions and exclusions, resolving complaints, staff issues, and property matters. He currently sits on both the NZLS (Canterbury-Westland) Employment Law Committee and Special Events Committee and is a previous convenor of the Junior Practitioners’ Committee.
Heather Murdoch, Principal, Trollope & Co (Incorporating Maurice Walker and SB Law)
Heather has over 30 years’ experience as a lawyer in private practice and public service. Her background includes eight years at the Ombudsman’s Office as a senior investigator where she worked with agencies across the education spectrum assisting to resolve or investigate complaints. Heather co-owned Project Law Ltd, a company offering skills-based training to a wide base of clients. Heather specialises in Education Law, Dispute Resolution and Employment Law. Her work in education includes providing advice on employment matters, compliance and regulatory functions, teacher competence and conduct issues, reasonable accommodation for students with disabilities and/or special needs, the OIA, Privacy and Ombudsman Acts and complaints. Heather is an Associate Member of the Arbitrator’s Institute of New Zealand (AAMINZ) and can be engaged as an independent investigator or Mediator. She is a member of the NZLS (Canterbury-Westland) Legal Culture Change Committee.
Denise Johnson, Acting Principal, Hutt Valley High School
Denise Johnson is the acting principal of Hutt Valley High School, a large co-educational secondary school with a roll of 1730 students. Denise started her teaching career in Southland at Menzies College. She then taught for 3 years at various schools in London before returning to New Zealand in 1990. Denise was a Deputy Principal at Wellington Girls’ College and Wellington High School before joining the leadership team at HVHS as an Associate Principal in 2012. She co-led the school with the late Ross Sinclair for 8 years. Denise is a trustee and founding member of the Wellington Loop. She is interested in the transformative power of collaboration between educators and schools in order to build teacher capability and to develop innovative thinking and practice.
Megan Neill, Lead Lawyer, Teaching Council of Aotearoa New Zealand
Megan currently leads the inhouse legal team at Matatū Aotearoa (the Teaching Council), the professional body and regulator for teachers. Her move inhouse followed a number of years in the Dentons Kensington Swan litigation team with a focus on regulatory and civil commercial litigation, dispute resolution, professional regulation and discipline, official information and privacy, and public law. Her role at Matatū Aotearoa encompasses a broad spectrum of regulatory law issues, routinely providing legal advice on disciplinary and competence matters involving registered teachers to investigators, decision-making bodies, teams within the organization, and Council to ensure decisions and processes align with the regulatory framework, legislative powers, and natural justice
Venue
InterContinental Wellington
Level 1, 2 Grey Street
Wellington 6011
New Zealand
Parking
Limited valet parking available at $20 per day. Additional parking available at Wilson Parking with $5 per half hour and $22 for early-bird. Parking is not included in the registration fee and price is subject to change.
Directions
The Intercontinental is a 2 min walk from Lambton Quay which has a number of buses going to airport and suburbs. It's a 10 min walk to the nearest train station. Taxis are also available downstairs at the hotel entry