Employment Law: Critical Issues, Updates and Changes
Huge changes in employment law over the last 12 months mean you need to stay up to date to ensure you can properly advise your clients. Receive a critical update on pandemic related cases – where is employment law now and where is it going? Examine recent developments on pay equity, triangular employment relationships, restraints of trade and protections for dependant contractors. WEB215NZA01
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Description
Attend and earn 4 CPD hours
Chair: Amanda Douglas, Partner, Wynn Williams
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Employment Law in the COVID-19 Era: Where to from Here?
There are now a number of pandemic related cases from the Employment Relations Authority and Employment Court dealing with employment relations in these unique circumstances.
This year will bring a new set of challenges as businesses navigate the ‘new normal’, and further questions about how employment law applies.
In this session you will:
- Canvas these cases
- Look at some of the new employment law issues arising from the ‘new normal’ in the workplace
Presented by AJ Lodge, Partner and Jack Brown, Associate, Anderson Lloyd
9.50am to 10.35am Pay Equity and Fair Pay Agreements
- What is pay equity?
- Pay equity claims under the Equal Pay Amendment Act 2020
- Considering and responding initially to a pay equity claim
- Multi-employer or multi-union claims
- Assessing a claim and identifying appropriate comparator occupations
- Bargaining and settlement
- What are fair pay agreements?
- Fair Pay Agreement Working Group recommendations: Where to next?
Presented by Hamish Kynaston, Partner and Jessica Taylor, Senior Solicitor, Buddle Findlay
10.35am to 11.20am Changes as a Result of the Employment Relations (Triangular Employment) Amendment Act 2019
- The definition and interpretation of a ‘triangular employment relationship’
- New risks for employers
- Practical steps employers can take to mitigate the risks of being joined as a third party to personal grievance proceedings
Presented by Andrew Shaw, Partner, Lane Neave
11.20am to 11.35am Morning Tea
11.35am to 12.20pm Restraints of Trade: Practical Guidance
- Understanding the types of restraint of trade clauses and what each one protects
- Analyse the specific requirements/elements for a legally enforceable restraint of trade clause
- Enforcing restraints of trade, including by injunction
- Case law update, including the recent decision in New Zealand Technology Group Hawkes Bay Limited
Presented by Ethelred Chey, Senior Associate - Employment Law Specialist, Jennifer Mills & Associates
12.20pm to 1.05pm Employment Status and Dependent Contractors
- Recent case law on employment status including the Uber decision
- Triangular employment rules: How are they bedding down?
- Likely changes relating to dependent contractors
Presented by Greg Cain, Partner, Dentons Kensington Swan
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Critique recent COVID-19 cases relating to employment issues
- Understand pay equity and fair pay agreements
- Gain a deeper understanding of on restraints of trade and receive practical guidance on clauses and requirements
- Be updated the Employment Relations (Triangular Employment) Amendment Act 2019
- Examine protections extending to dependent contractors
Presenters
Amanda Douglas, Partner, Wynn Williams
Amanda Douglas leads the Employment and Health and Safety practice at Wynn Williams. She acts on the full range of Employment Law matters, with a particular focus in the dispute resolution area. Amanda gets alongside clients to work on the best outcome for them. She and her team are recognised by Chambers and Legal 500 for their expertise in these areas, and she also frequently speaks at Employment and Health and Safety conferences.
AJ Lodge, Partner, Anderson Lloyd
Ashley-Jayne 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. Ashley-Jayne 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, and employment agreements and policies. Ashley-Jayne 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. Ashley-Jayne also advises clients on their health and safety obligations under the new legislation, including representing those being investigated by WorkSafe.
Hamish Kynaston,Partner, Buddle Findlay
Hamish has over twenty years' legal experience and specialises in employment relations, dispute resolution, health law, health and safety, privacy, human rights and education. Much of Hamish's work is in the central government, health, education, sport, financial services and energy sectors. He is recognised for his practical approach, and has a particular interest in assisting employers to resolve complex issues quickly, effectively and in a way that does not result in litigation or reputational damage.
Jessica Taylor, Senior Solicitor, Buddle Findlay
Jessica specialises in employment, health and safety, privacy and official information, health, litigation and dispute resolution. Jessica advises on a wide range of employment matters including personal grievances, restructuring and redundancy, investigations, disciplinary processes, performance management, medical incapacity, health and safety and pay equity. Jessica regularly attends mediation and acts in proceedings in the Employment Relations Authority and Employment Court. She also regularly assists with health, privacy and official information and human rights matters.
Andrew Shaw, Partner, Lane Neave
Andrew Shaw is a specialist employment and health & safety lawyer, with over 24 years' experience working for employers throughout New Zealand. He acts for a number of Government entities, national member-based organisations and multi-national public and private companies. He provides advice at Board and Senior Management level and works closely with in-, house HR and health & safety teams. He works for employers on all aspects of employment law, from pre-employment to post-termination restraints. In the health & safety area, Andrew was involved in the first defended case in New Zealand under the current Act and he is a leading presenter on the new Health & Safety at Work Act 2015. He has also been involved in presenting submissions on changes to New Zealand's employment and health & safety law to select committees. Andrew is a member of the New Zealand Law Society's Employment Law Committee. The Lane Neave Workplace Law team that he leads, with specialist employment lawyers based throughout New Zealand, has been voted 3 times as New Zealand's top employment law team, is on the All of Government External Legal Services Panel and is recommended by Legal 500 and Chambers and Partners.
Greg Cain, Partner, Dentons Kensington Swan
Greg Cain is a partner at Kensington Swan, specialising in employment law and health and safety. Greg assists clients with restructurings, performance and disciplinary matters, carrying out bullying and sexual harassment investigations, dealing with personal grievances, restraints of trade and other contractual questions, and regularly appears before the Employment Relations Authority and the Employment Court. Greg also advises clients on a range of health and safety issues, including earthquake-prone buildings, managing contractors, and dealing with asbestos and hazardous substances. Greg also assists clients carrying out investigations into serious harm incidents, and represents clients in WorkSafe investigations and prosecutions. He also assists the Government Health and Safety Lead with its efforts to improve health and safety performance across the public sector. Greg is a board member at Community Law Wellington and Hutt Valley.