Employment Law: Hot Button Issues and Cases
Attend this information-packed half-day event to ensure that you stay up to date with the broad spectrum of employment cases and emerging trends. Examine the complex areas of restructuring and redundancies, bullying and harassment, employee vs. contractor issues and Fair Pay agreements. Walk away with a greater understanding of the employment landscape and what all this means for you and you clients. WEB226NZA06
Description
Attend and earn 4 CPD hours
Chair: Shelley Eden, Director, Gaze Burt
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Bullying and Harassment and Sexual Misconduct: Cases and Developments
- Behaviour that amounts to bullying, harassment and sexual misconduct in the workplace
- Impact on employees and risks for employers
- Practical steps employers should be taking to protect their employees
- How to deal with complaints
- Recent cases and developments
Presented by Anne Wilson, Partner, Anthony Harper
9.50am to 10.35am Fair Pay Agreements and their implications
Fair pay agreements are coming and will introduce a new sector wide bargaining regime – but how will they work? We will explore:
- The background and key drivers behind the FPA regime
- The mechanics of FPAs, including scope, initiation, bargaining and reaching agreement
- Opportunities and risks posed by the regime for employers and employees
Presented by Sherridan Cook, Partner, Buddle Findlay
10.35am to 11.20am Employee vs. Contractor: Latest Developments
In this session John Farrow will discuss the recent cases involving an assessment of whether a person is an independent contractor or an employee and will also discuss the potential implications for a business if a contractor is found to be an employee, including potential personal liability for directors of businesses.
- The real nature of the relationship: employee or contractor?
- What are the factors that determine whether a person is an employee or a contractor?
- What impact does industry practice have on this?
- What are the implications for a business if a contractor is found to be (or claims to be) an employee?
- What are the implications for directors of business where a contractor is found to be an employee?
Presented by John Farrow, Partner, Anderson Lloyd
11.20am to 11.35am Break
11.35am to 12.20pm Restructuring and Redundancies: Recent Developments
This session will help you to navigate the oft complex restructuring and redundancy process with particular insight into:
- Recent case law developments
- Navigating COVID-19 restructures and employee redundancies
- Looking forward to 2022 and beyond
Presented by Jennifer Mills, Director, Jennifer Mills & Associates
12.20pm to 1.10pm Update on Emerging Employment Law Trends and Cases
This session will cover recent trends in the employment law world including a discussion on the evolving attitudes towards mental health, drug testing, and COVID-19 in the workplace, as well as a whistle-stop tour of the key cases you need to know in 2022.
Presented by Sarah McFetridge, Senior Associate, Bell Gully
1.10pm to 1.15pm Closing Comments and Q&A
Learning Objectives:
- Understand the complex areas of bullying and harassment and sexual misconduct in the workplace and recent developments
- Ensure you are up to date on Fair Pay Agreements
- Benefit from essential practice updates on restructuring and redundancies
- Receive practical guidance on employee vs. contractor issues and disputes
- Consider upcoming developments and trends in employment law and practice
Presenters
Shelley Eden
Sherridan Cook is a partner at Buddle Findlay, and has specialised in employment and health & safety law for over 25 years. He enjoys advising on all aspects of the employment relationship, but with a particular interest in industrial relations and resolving contentious employment and health & safety matters. He also has extensive experience as a commercial litigator and regularly appears in the employment and civil courts, and at arbitrations and mediations. He is the Consultant Editor for Employment Law Made Easy and Health and Safety Law Made Easy, and is one of the authors of the LexisNexis Personal Grievances text.
Anne Wilson
Anne is an employment law specialist with over 16 years of experience, gained primarily at a top tier law firm, but also as in-house counsel for Vodafone, and the Employers and Manufacturers Association. This gives her a unique perspective in meeting the needs of clients. Her work includes complex restructures, general advisory work, litigation, and the employment aspects of large corporate transactions. Anne was a key member of the Holidays Act Remediation project team in her time at Vodafone, and the act is a key area of interest, as well as issues raised by Covid-19, including vaccine mandates. Anne’s solutions take into account the multi-dimensional aspects of the employment relationship, and clients describe her working style as responsive and pragmatic.
Sherridan Cook
Sherridan Cook is a partner at Buddle Findlay. He leads the Auckland litigation and employment and health & safety teams, and has specialised in these areas for nearly 25 years. He enjoys advising on all aspects of the employment relationship and assisting in resolving contentious employment and health & safety matters. He also has extensive experience as a commercial litigator and regularly appears in the employment and civil courts, and at arbitrations and mediations. He is the Consultant Editor for Employment Law Made Easy and Health and Safety Law Made Easy and is one of the authors of the Personal Grievances text.
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.
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.
Sarah McFetridge
Sarah is a senior associate in the employment and workplace safety team. She acts on a broad range of employment law matters, both contentious and non-contentious. Sarah has particular experience in advising clients undergoing employee investigations, personal grievance claims, disciplinary and performance processes, restructurings and negotiated exits. She is regularly engaged on the employment aspects of corporate transactions, large-scale global projects, and represents clients navigating dispute resolution processes. She also assists clients to implement sound practices in New Zealand, including advising on cross border issues, executive remuneration arrangements, employment agreements, independent contractor agreements, bonuses, and other HR documentation and policies. Sarah joined Bell Gully having returned to New Zealand after five years in London where she gained international experience in employment and pension law at Slaughter and May, and Reed Smith. Prior to Sarah's time in London, she was part of the employment and health and safety team at another top tier New Zealand law firm. In 2021, Sarah contributed to Allen & Overy's “Employment Reorganisation Roadmap”, a free resource which answers key questions about the process to follow in employment reorganisations in 35 jurisdictions, including New Zealand.