Employment Law Update: The Key Developments
Attend this information-packed half-day and leave with a comprehensive understanding of the new employment law legislation and issues in the employment law landscape. Find out ‘what’s new?’ in protected disclosures, restructuring & redundancy, and how principles of Tikanga intersect with employment law. You will take a close look at workplace investigations & employee surveillance, privacy & data risks. With both the law and practical procedural issues addressed, it is a must attend. WEB229NZA18
Description
Attend and earn 4 CPD hours
Chair: Javana Schiphorst, Staff Barrister, Catherine Stewart Barrister
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Protected Disclosures Update
- The new Protected Disclosures (Protection of Whistleblowers) Act 2022
- The issues to consider
- Case law
Presented by Blair Scotland, Partner, Dundas Street Employment Lawyers
9.50am to 10.35am Tikanga and the Intersection with Employment Law
- Exploring Tikanga Māori and the fundamental principles that underpin it
- Reviewing the intersection between Tikanga and New Zealand legislation and common law
- Considering Tikanga and its place in employment law, past, present and future
Presented by Mere King, Partner, Buddle Findlay
10.35am to 10.50am Morning Tea
10.50am to 11.35am Restructuring and Redundancy During Challenging Times
- Genuine reasons for restructuring: satisfying the test of justification
- The latest procedural requirements: step by step
- When and how a selection process should be undertaken
- Obligations for redeployment and outplacement services
Presented by Andrew Shaw, Partner, Lane Neave
11.35am to 12.20pm Planning Effective Workplace Investigations
- Identifying potentially relevant evidence
- Information to be provided to those participating in the investigation
- Who should be interviewed and for what purpose
- Interview logistics, including preparation and recording of interviews
Presented by Renee Butler, Senior Associate, Dentons
12.20pm to 1.05pm Employee Surveillance and Privacy and Data Risks
- Do employees have the right to privacy in the workplace?
- Can employers engage in surreptitious surveillance?
- How has the pandemic and increased use of technology impacted surveillance and privacy at work?
- Are covert recordings lawful?
- Best practice tips for employers regarding lawful surveillance and data protection
- Recent privacy and surveillance cases
Presented by Shelley Eden, Director, Gaze Burt Limited
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- A timely update on the latest developments in employment law
- Understand the Protected Disclosures Act
- Ensure you are up to date on planning effective workplace investigations
- Benefit from essential practice updates on restructuring and redundancies
- Receive practical guidance on the intersection between principles of Tikanga and employment law
- Consider upcoming developments and trends in employee surveillance and privacy and data risks
Presenters
Javana Schiphorst
Javana Schiphorst joined Catherine Stewart Barrister’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. Javana’s particular areas of interest are restructuring and redundancy, bullying and harassment in the workplace and developing tailored employment agreements, adequate disciplinary procedures and company policies for employers. Prior to joining Catherine's team, Javana held roles as a junior barrister specialising in civil litigation in the High Court, 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.
Blair Scotland
Blair Scotland has over 20 years' experience advising both public and private sector clients on employment matters. He has worked in-house and externally and his clients appreciate his legal know-how combined with his pragmatism that only someone who has worked as an in-house employment relations specialist can provide. Blair has an LLM (Hons) and a BA (Criminology) from Victoria University. He was admitted to the Bar in 1997 and joined the public service, firstly with the Department of Internal Affairs and then the Ministry of Social Development. He then moved to Telecom New Zealand Limited in an employment law role, and subsequently worked as a Senior Associate in the legal team of what is now Business Central (formerly EMA Central) for six years. Most recently, he was a Principal at Chen Palmer before setting up Dundas Street Employment Lawyers with Susan Hornsby-Geluk.
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.
Andrew Shaw
Andrew is the Managing Partner of Lane Neave and he heads the Employment Law Team. He has 28 years’ experience and is recognised as one of New Zealand’s top employment, ACC and health & safety law practitioners. Andrew is currently on the New Zealand Law Society ACC Committee, having previously been on the New Zealand Law Society Employment Law Committee (for six years), where he assists in providing guidance on proposed legislation. Andrew is a preferred legal practitioner for the New Zealand Law Society to refer vulnerable claimants for specialist and complex legal advice in his specialist areas. He is also a mentor for other law practitioners. Andrew is an experienced litigator and he has appeared in the Employment Relations Authority, Employment Court and ordinary Courts, including the Court of Appeal and advising on a Supreme Court appeal. Andrew also regularly participates in private and MBIE mediations. Andrew has a strong interest in public policy, as this relates to his specialist areas, and as such he is contacted by the media to make comment on current issues of importance. He is also involved in assisting a number of charities, include the Stroke Foundation and MS & Parkinson Society. The Employment Law Team has been a past multiple winner at the New Zealand Law Awards and it is currently on the Government Legal Panel, and provides advice to a number of State and Local Government entities around New Zealand. Andrew regularly presents at workshops and webinars thought New Zealand for organisations including WorkSafe NZ, ACC, The New Zealand Law Society, New Zealand Accountants Society, Private International CPD Educational Providers and numerous member-based organisations. Andrew is a member of the Human Resources Institute of New Zealand and he is on the Office of the Privacy Commissioner – Directory of Privacy Professionals Register. Andrew is recognised in Legal 500, Chambers & Partners and Doyles Guide as a leading employment and health & safety practitioner in New Zealand.
Renee Butler
Renee Butler is a Senior Associate in Kensington Swan’s employment team. In addition to broad experience across a range of employment law matters, Renee has particular expertise in health and safety and immigration law. Renee regularly guides clients through business restructures, performance management and disciplinary processes. She has participated in numerous mediations, has appeared as legal counsel in the Employment Relations Authority and in the Employment Court.
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.