Terminating Employment: The Difficult Legal Issues
The decision to dismiss an employee needs to be carefully considered because employees have rights, employers have obligations, and you have a duty to properly advise your client. Gain practical strategies on handling a termination by looking at the steps needed to properly perform the investigation, explore the interface of termination with mental health or prolonged sickness and injury. Investigate the concerns regarding restructures or redundancy plus receive an update on recent cases. WEB222NZA01
Description
Attend and earn 4 CPD hours
Chair: Mere King, Partner, Buddle Findlay
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Investigations and Dismissal
- Should you appoint an external investigator? When, why, pros and cons
- Key requirements for an investigation that complies with fair procedure principles: What are the pitfalls?
- Steps after receiving external investigator's report: requirements of fair procedure
- Dealing with new evidence after completion of investigation
- Justifying dismissals: update on current law
- Summary dismissal or dismissal on notice: Why and when?
Presented by John Hannan, Barrister, Bankside Chambers
9.50am to 10.35am Mental Health Issues in Termination Situations
- How do you recognise a mental health issue?
- What happens if it arises in the middle of a formal process?
- Medical certificates and medical examinations
- How can you terminate in mental health situations?
- Is it still safe to sign a settlement agreement with an employee with a mental health condition?
Presented by Greg Cain, Partner, Dentons Kensington Swan
10.35am to 10.50am Break
10.50am to 11.35am Termination Due to Prolonged Absence from Work: Sickness or Injury
- What are the legal and employment obligations?
- How do you ensure procedural fairness and what are the substantive considerations?
Presented by Melissa Johnston, Partner, McVeagh Fleming
11.35am to 12.20pm Restructuring and Redundancies
COVID-19 has forced New Zealand into an on-going state of uncertainty, with more and more employers resorting to restructuring and redundancies.
- Gain insights into common mistakes made by employers during restructures
- Examine recent case law trends
- How does the COVID-19 landscape does (or does not) change a restructure and redundancy process?
Presented by Bronwen Newcombe, Director, Davenports Law
12.20pm to 1.05pm Update on Recent Case Law (inc. COVID-19 cases)
Employment law expert, Jennifer Mills, will focus on the latest case law and practical lessons to help avoid common pitfalls and minimise legal risk for employers terminating employment relationships.
Presented by Jennifer Mills, Director and Matthew Morrissey, Solicitor, Jennifer Mills & Associates
Learning Objectives:
- Receive practical guidance on investigations and dismissal
- Develop awareness of mental health issues that can arise in termination situations
- Gan practical tips on approaching a termination due to prolonged sickness or injury
- Understand the process and issues arising from restructures and redundancy
- Receive a timely update on recent cases affecting a termination
Presenters
Mere King
Mere King is an Auckland based Partner in Buddle Findlay's national employment team. She specialises in employment, industrial relations, health and safety, employee privacy matters, as well dispute resolution and litigation. Mere provides client focused, strategic, compliance and best practice advice on a wide variety of matters across a range of industries. Mere is recognised in international legal directories as an 'Associate to Watch' (Chambers and Partners) and a 'Rising Star' (Legal 500) for her expertise in employment and health and safety law. She is a contributing author of Lexology and a co-editor of the respected employment law text, Thomson Reuters - Employment Law. She is a longstanding member of the Auckland District Law Society, Employment Law Committee. Mere regularly presents at conferences on employment and health and safety issues.
John Hannan
John Hannan is a highly experienced lawyer specialising in employment law, education law, and commercial and property litigation and advice. He was a senior partner at DLA Piper New Zealand until joining the independent bar in 2019. He has acted for numerous primary, secondary, and tertiary education providers in employment, student discipline and privacy matters. He is an experienced advocate in the ERA, Employment Court and High Court. He also acts as an investigator and is a qualified mediator. John acts for insurers in claims under Employment Practices Liability Insurance (EPLI) policies.
Greg Cain
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.
Melissa Johnston
I have worked for both employers and employees on a range of employment issues including contentious and non-contentious matters. I advise employers on significant restructures, redundancies, personal grievances, mediations, employment documentation, employee entitlements and undertake and advise on employment investigations. I advise employees on matters including disciplinary and performance issues; redundancies; personal grievances and employment documentation. My clients tell me that I am approachable and provide pragmatic and practical advice. In 2018, I was a recommended practitioner in the Legal 500. In 2019, I was named as a Rising Star in the Legal 500.
Bronwen Newcombe
Bronwen is a Director at Davenports Law and leads the firms Employment Law team. Bronwen is experienced in all areas of employment law and regularly advises on a wide range of employment law and health and safety issues, including in relation to the COVID-19 pandemic. Bronwen regularly leads seminars for clients, whether in-house, at board level or at client conferences. Bronwen has a particular interest in providing commercially pragmatic solutions to clients, including in relation to prevention and early resolution of employment relationship problems. Bronwen’s clients rely on Bronwen’s technical knowledge and ability to find a pathway to resolutions even in the most difficult of circumstances. Bronwen is a current member of the ADLS Employment Law Committee. Bronwen’s commercial pragmatism and employment expertise is well utilised in her role as a current Board member of Business North Harbour, where she provides governance advice.
Jennifer Mills
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 Asia Pacific Legal 500 and is rated one of the leading employment lawyers in the world, by Chambers Global.