Employment Law: Key Developments
Take a deep dive into the key employment areas and issues you need to watch in 2022. In this highly informative afternoon, be guided through current and emerging issues that you need to know given the transformation that has been thrust upon employment law. Understand the legal implications of gig work and changing work hours, gain, a critical update on leave entitlements, recent important cases, how COVID-19 has changed the employment landscape and what all this means for you and you clients. WEB223NZA36
Description
Attend and earn 4 CPD hours
Chair: Shelley Eden, Director, GazeBurt
1.15pm to 2.00pm Changing Models of Work: The Employment Law Implications
Our labour force is changing, and the pandemic has accelerated the change for many sectors. The traditional 9-to-5 working model is shifting with things like 4-day weeks and gig work.
- What does this mean for businesses and workers? Stay at the forefront of labour law issues and take a deep dive into:
- The legal implications of our evolving ways of working
- Triangular employment laws
- Potential dependent worker regime
- Key cases about our modern working models
It is an important topic as it highlights the tension between ensuring worker rights are not marginalised as organisations find different ways of working when they need flexible resourcing solutions in the modern context.
Presented by Gillian Service, Partner – Employment, MinterEllisonRuddWatts
2.00pm to 2.45pm Update on “Leave”
- Increased sick leave entitlements and their implementation
- Amendment to bereavement leave
- Increased public holidays
- Family violence leave and the uptake across New Zealand
Presented by Anne Wilson, Partner and Giuliana Petronelli. Associate, Anthony Harper
2.45pm to 3.30pm Recent Developments in Employment Law: What do they Mean for Employers?
- Employment agreements in a world of Covid-19 and lockdowns
- Developments in the area of reinstatement
- The employment jurisdiction (FMV v TZB)
- An overview of the proposed NZ Income Insurance Scheme
Presented by Jonothan Whyte and Javana Schiphorst, Staff Barristers, Catherine Stewart Barrister
3.30pm to 3.45pm Break
EMPLOYMENT LAW AND COVID-19: THE CURRENT STATE OF PLAY
3.45pm to 4.30pm COVID-19 and Employment Law Update
Obtain an all important update on the case law coming out of COVID-19 in New Zealand, including:
- Restructures and redundancies
- Wage Subsidy and other Government support packages
- Vaccinations and return to work
- Lockdowns and the ability, or inability, to work
Presented by AJ Lodge and John Farrow, Partners, Anderson Lloyd
4.30pm to 5.15pm Associated Privacy Law Issues: Employment Law and COVID-19
- Changes to Privacy Law from Privacy Act 2020
- Collection, use and disclosure of vaccination status information
- COVID tracing and information collection issues
- Personal information issues from remote working
Presented by Matthew McGoldrick, Partner, SBM Legal
Learning Objectives:
- Gain a critical update on the changing models of work
- Receive a timely update on leave
- Be update on the most recent and important employment law cases
- Gain practical insights into how COVID-19 is currently impacting employment laws
Presenters
Shelley Eden
Shelley leads the employment team at Gaze Burt. She has over 20 years experience in employment law, representing clients at every level and dealing with every type of employment issue. Shelley brings technical expertise but also commercial pragmatism and pro-activity to her role, which is particularly appreciated by her employer clients. Shelley is a strong presenter and enjoys helping businesses to satisfactorily resolve employment issues and to have an engaged, productive workforce. She often works closely with the HR team in client businesses, to help achieve this. She has also developed a practice in employment investigations – helping employers to understand what is happening in their workplaces and manage accordingly. Shelley’s recognised experience and strong advocacy skills have also made her a highly effective advocate for employees facing dismissal, redundancy, disciplinary action, discrimination or workplace abuse.
Gillian Service
A core aspect of Gillian’s practice is the interaction between legal frameworks and the workplace itself. Most recently, this thorny issue has included advising on the effect of the pandemic on worker and workplaces now and into the future. Gillian has deep experience with unionised workforces, advising clients and engaging with government on the role of unions in the workplace as concepts of the traditional workplace evolve – which the global experience shows has been accelerated by the pandemic. She is a thought leader on the future of work, flexible working practices and complex pieces of legislation such as the Holidays Act. Gillian maintains her interest in future of work and different work models through her roles as a 4 Day Week Global Ambassador and a Trustee of The Warehouse Group’s New Zealand Future Work Skills Fund (a trust set up by to expand the skill sets of workers into different areas including the digital economy).
Anne Wilson
Anne leads Anthony Harper’s Christchurch employment practice. She has over 15 years’ experience advising employers on a range of employment matters including personal grievances, disciplinary investigations, restructuring, performance management, medical incapacity and Holidays Act issues. She has gained her experience working in New Zealand’s large firms as well as in-house for a large corporate. Most recently Anne has been advising employers regarding issues arising from Covid-19 including wage subsidy issues, issues arising from lockdowns, compulsory vaccination and testing in the workplace.
Giuliana Petronelli
Giuliana specialises in all aspects of employment law. She primarily acts for large public and private employers, and has experience advising the education and sport sectors. Giuliana advises on a range of employment matters; personal grievances, restructuring and redundancy, disciplinary and performance procedures, dismissals, collective bargaining, contractual interpretation and disputes, holidays and leave issues, privacy and human rights, health and safety and general compliance with employment legislation. Alongside employment litigation experience, Giuliana has appeared in the Employment Relations Authority and acted as co-counsel on an application for leave to appeal to the Court of Appeal. Giuliana brings a unique perspective to her practice gained from her prior experience in education as a secondary school teacher and assistant Head of Faculty English. She has acted for both schools and individuals on matters arising out of teacher disciplinary processes, student discipline, parental complaints and school health and safety matters. In the sporting sector, Giuliana has advised individual athletes, local, regional and national sporting organisation on a range of matters including regulatory compliance, governance, disciplinary matters, privacy and selection. Giuliana is currently a Director of the Australian New Zealand Sports Law Association, Trustee for Canterbury Community Rugby Foundation and intern Director for Canterbury Rugby Football Union
Jonothan Whyte
Jonothan Whyte is a staff barrister in Catherine’s team and he holds a Bachelor of Laws and Bachelor of Arts with First Class Honours. Jono advises and represents clients on all employment matters, with particular expertise in resolving personal grievances, addressing sensitive issues within ongoing employment relationships, and advising on technical contractual and entitlements issues. Jono takes a pragmatic and interpersonal approach to his work and strives to support clients faced with stressful situations to resolve matters as smoothly as possible. Jono has wide-ranging employment law and mediation experience having represented employees and unions, as well as small-to-medium sized employers, in respect of personal grievances, wages and entitlements claims, disciplinary and performance concerns, collective and individual bargaining, Labour Inspectorate investigations, and human rights and privacy matters arising in the context of employment. Jono previously worked at one of Australasia’s largest employment relations firms providing advice and representation on contentious employment matters to diverse small-to-medium sized employers and prior to that he worked for two major public health sector unions on all manner of industrial and employment relations matters across New Zealand’s 20 District Health Boards.
Javana Schiphorst
Javana joined Catherine's team as a staff barrister in 2021, and holds a Bachelor of Laws degree from the Auckland University of Technology. Javana advises and represents clients on all employment matters and is able to assist on both contentious and non-contentious employment-related matters. Prior to joining Catherine's team, Javana held roles as a junior barrister specialising in civil litigation, an in-house lawyer and a general practice solicitor. Prior to her legal career, Javana had experience in owning and operating businesses, e-commerce and managing companies. Bringing together her varied experience, Javana appreciates employment issues from both perspectives: employer and employee. Her advice is pragmatic and solution-focussed, and she is committed to providing strong advocacy for her clients.
AJ Lodge
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 invesigated by WorkSafe.
John Farrow
John Farrow is a Partner co-leading Anderson Lloyd's national employment team. He specialises in Employment and Health & Safety law. John's expertise covers the full range of employment matters, including those which involve criminal and civil aspects. John has represented employees, senior executives, small to medium businesses, councils, local authorities, and corporates. He is a LEADR-accredited Mediator, Member of the Institute of Directors and is an 'Association of Workplace Investigators' Certificate-holder. John is named in the 'Best Lawyers in New Zealand' publication, Labour and Employment Law category, and as a 'next generation partner' in the Legal 500.
Matthew McGoldrick
Matthew is a Partner with specialist employment law firm, SBM Legal. Matt was admitted in 2006 and joined SBM Legal in October 2012 on his return from overseas. Prior to joining SBM Legal Matthew was employed as a solicitor in the Wellington employment law practice of a national law firm, and in the employment law practice of the Wellington Crown Solicitor’s office. He also spent time practising employment law in the United Kingdom before returning to New Zealand. Matthew has regularly represented employers and employees in mediation and before the Employment Relations Authority, Employment Court, District Court and in the High Court. He is regularly called upon to provide advice on varied matters such as restructuring and redundancy, disciplinary matters, termination of employment and health and safety.