Education Law Summit Auckland
The Education Summit 2022 is your unique opportunity to ensure your school has a strong practical legal understanding. Attend and feel confident responding to health and safety concerns including bullying allegations and medical issues in the workplace. Successfully navigate employment agreements, Information and Privacy Act requests. Explore the legal implications of staff misconduct and social media engagement, plus develop practical tools for your school to survive Family Court concerns. 229NZA12
Description
Attend and earn 7 PLD hours
Session 1
Navigating the Employment, Health and Safety Minefields in Schools
Chair: Fiona McMillan, Partner, Lane Neave
MANAGING SCHOOL STAFF, HEALTH & SAFETY
8.45am to 8.50am Opening Comments by the Chair
8.50am to 9.35am Health and Safety within the School Environment
Examine the principles of the Health and Safety at Work Act 2015 as they relate to an educational institution’s obligation to provide a work environment that is without risks to the mental health and safety of its workers and students.
Presented by Sam Houliston, Senior Associate, Hesketh Henry
9.35am to 10.15am How to Navigate Staff Bullying Allegations
- How to triage bullying allegations (including the options both informal and formal)
- How to be prepared in the event that WorkSafe investigates allegations of bullying, including:
- Understanding the risks that exist (and what a risk assessment should cover)
- What a WorkSafe investigation process includes (including how to tackle media coverage and communications with WorkSafe)
- The possible outcomes for the School
Presented by Kirsty McDonald, Partner, Duncan Cotterill
10.15am to 10.30am Morning Tea
EMPLOYMENT AND STAFF
10.30am to 11.15am Employment Agreements in the Education Context: Important Clauses
- Suspension with or without pay
- Informal resolution clauses
- Disciplinary vs competency track
- Consultation provisions
- Restructuring: requirements of the collective employment agreements re surplus staff
- Plus how clauses in agreements fit in with policies and statutory provisions
Presented by Kirsti Laird, Senior Associate, SBM Legal and Joy Kaur, Senior Solicitor, SBM Legal
11.15am to 12.00pm Managing Medical Issues in the Workplace
- Managing staff sick leave
- Medical termination: what to do
- Staff illness: how to navigate
- Staff health and wellbeing, and employment law implications
Presented by Jennifer Mills, Director, Jennifer Mills & Associates
12.00pm to 12.45pm Employment Law in the Education Context
- Managing the stages of an Advice and Guidance Programme under the Collective
- What is Informal Advice and Guidance and when is it required?
- Managing a Disciplinary Process under the Collective
- When and how to use an Independent Investigator
- Misbehaviour outside of school: when are you required to investigate?
Presented by Gretchen Stone, Partner, Harrison Stone
12.45pm to 1.00pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Reflect on Health and Safety within the School Environment
- Learn Best Practice in Navigating Staff Bullying Allegations
- Explore Important Clauses in Education Employment Agreements, Misbehavior and Disciplinary Processes
- Receive Practical Guidance on Managing Medical Issues in the Workplace
Session 2
Critical Issues Affecting Your School, Conduct and Student Behavior
Chair: Christina England, Deputy Principal, Northcross Intermediate School
STUDENTS, FAMILIES, PRIVACY AND YOUR SCHOOL
1.45pm to 2.30pm Update from the Teaching Council
Presented by Teaching Council of Aotearoa New Zealand, Mātatu
2.30pm to 3.15pm Families, Conflict, The Family Court, and Your School
Your student may find themselves, through no fault of their own, at the centre of a family law dispute.
This presentation aims to give you a better understanding of what may be happening for these families, and examine how you may wish to respond to these matters when they involve or impact your school, by demystifying some common family law concepts and issues, and the family court process, including:
- Parenting or custody/access orders;
- Guardianship;
- Protection orders;
- A child’s involvement in proceedings;
- The role of lawyer for child;
- Reports of abuse.
Some tips will also be given as to how to support students affected by such disputes, what you should consider if there is/has been litigation, how to handle various requests from parents, guardians or lawyer for child, and when you should (or should not) act or take steps to protect yourself of your school.
Presented by Kesia Denhardt, Partner, Stace Hammond and Johanna Robertson, Barrister
3.15pm to 3.30pm Afternoon Tea
3:30pm to 4.15pm Social Media: Approaches for Staff and Parents
- Approaching Staff misconduct online
- Social media policies: Practical tips and example policy provisions
- Getting reluctant staff to appropriately engage in social media
- Managing online interaction between staff and parents
Presented by Darren Gunasekara, Solicitor, Simpson Grierson; Specialist Employment Lawyer
4.15pm to 5.00pm Managing Official Information Act and Privacy Act Requests
- Learn to identify and distinguish the relevant Act
- Understand the rights of requesters
- Gain an overview of the obligations on agencies
- Review the exemptions and learn to apply them for your school
- Receive practical tips on preparing for and managing requests
Presented by Greg Steele, Partner, Harrison Stone
Learning Objectives:
- Navigate Family Conflict, Family Court and Your School
- Gain critical perspective on Social Media Approaches for Staff and Parents
- Manage the Official Information Act and Privacy Act Requests
Presenters
Fiona McMillan
Fiona commenced her career with Lane Neave in 2007 and specialises in assisting employers with all employment law related advice including collective bargaining and human rights commission matters. Fiona regularly represents employers in Mediations, Employment Relations Authority Investigation Meetings and the Employment Court. Fiona was Counsel in the leading case on penalties, Borsboom v Preet PVT Limited. She has built strong relationships within a number of different industries including corporate, tourism, the bus and coach industry and manufacturing. Fiona has a hands on style of practice which involves working in a business as opposed to working alongside it. Fiona is often instructed to undertake external investigations for employers and regularly completes HR Audits for her clients.
Sam Houliston
Sam Houliston is a Senior Associate in the Litigation and Dispute Resolution Team at Hesketh Henry, specialising in Employment Law. Sam graduated with conjoint degrees in law and management/employment relations in 2005 from the University of Auckland. He was admitted to the Bar in February 2006. Sam joined Hesketh Henry in September 2017, having previously worked for Auckland laws firms as an employment, civil and criminal litigator representing clients in courts, the Employment Relations Authority and tribunals. He has also prosecuted health and safety matters for the Department of Labour (now MBIE), and acted as an independent Accident Compensation adjudicator.
Kirsty McDonald
As an employment and health and safety partner based in our Auckland office, Kirsty focuses on providing strategic and pragmatic advice to clients. She covers the breadth of employment-related issues for clients across all industries, such as redundancies and restructuring, disciplinary and performance matters, personal grievances, industrial relations, restraints of trade, protection of confidential information, workplace investigations and the employment aspects arising from commercial transactions. Kirsty is an experienced advocate, representing clients in the Employment Relations Authority, the Employment Court and the District Court. She is also heavily involved in the health and safety space regularly acting for clients facing prosecution.
Kirsti Laird
Kirsti is a Senior Associate at SBM Legal. She commenced practice as an employment lawyer in 2003 at a national firm having graduated from the University of Canterbury with an LLB (hons) and BA in History and Classical Studies. She also spent several years working in the employment law teams of multi-national firms in London before returning to New Zealand. Kirsti is an experienced employment lawyer who advises both employers and employees in a wide range of employment law issues. Her advice is always practical and designed to find solutions to problems that arise in workplaces. Her expertise includes advising on restructuring, disciplinary and performance issues, discrimination, the employment aspects of mergers and acquisitions and dispute resolution.
Joy Kaur
Joy is a Senior Solicitor at SBM Legal. Joy joined SBM Legal in August 2021. Prior to joining SBM Legal, she worked at one of the top NZ law firm and prior to that in the legal team of a national employment advisory company. Joy has extensive experience in advising both employees and employers in relation to a range of employment relationship problems including personal grievances, disciplinary procedures, performance management, medical incapacity procedures, restructures, exit negotiations and Holidays Act matters. She gives pragmatic advice with the focus to achieve efficient resolutions to employment relations problems.
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, 2018, 2019, 2021 and 2022 Asia Pacific Legal 500 and is rated one of the leading employment lawyers in the world, by Chambers Global.
Gretchen Stone
Gretchen Stone specialises in employment and education law. She advises secondary principals through the Secondary Principals Association of New Zealand and with primary principals as the Honorary Solicitor for Auckland Primary Principals Association. Gretchen has extensive experience advising Principals and Board of Trustees in relation to employment and disciplinary issues, governance and management, student discipline issues, social media, and all areas of legal liability within the education sector.
Christina England
Christina England is Deputy Principal at Northcross Intermediate School. She has been with Northcross since 2009. Christina has a Bachelor of Primary Education and Worldview studies, a Post-graduate Diploma in Education and this year graduated from the University of Auckland with a Masters in Educational Practices. She has a passion for working with people and in a previous job, her role included working in Human Resourcing and commercial law. As Deputy Principal, Christina works with students, staff and families with a focus on facilitating learning through often challenging circumstances. Her diverse role ranges from navigating conflict, challenging behaviours and competency to dealing with social media concerns and employment policy.
Kesia Denhardt
Kesia Denhardt is a Partner at Stace Hammond. She has practised family law exclusively since 2009, and handles all types of matters, including ones involving parenting and guardianship disputes, domestic violence, relationship property and financial support, adoption, surrogacy and embryo donation, paternity issues, Family Protection Act claims, and applications under the Protection of Personal and Property Rights Act. Kesia has written and presented legal seminars on various family law issues and authored articles for a number of legal publications.
Johanna Robertson
Johanna qualified in 1985 in New Zealand and worked and lived overseas, mainly in the United Kingdom until 2004. She is a qualified UK Solicitor and Children's Panel Member. Whilst in the UK Johanna worked with the multiple award winning family lawyer - Peggy Ray at Goodman Ray Solicitors. She also gained a MA in Children's Observational Studies at the Tavistock Clinic - one of the most significant institutions in the world dealing with the psychology of children and families. Since her return, Johanna has had a general practice and is a Lawyer for Child as well as a qualified mediator.
Darren Gunasekara
Darren is a solicitor in the employment law group at Simpson Grierson. His experience includes advising on all areas of employment law, including employment related privacy and health and safety matters. He advises on employment disputes ranging from personal grievances through to litigation in the Employment Relations Authority and Employment Court. He also assists employers with reviews of employment practices, policies and employment agreements. Darren has experience with clients the education sector, in particular, advising on the unique privacy issues that arise in schools. Darren has assisted schools with privacy policy reviews, and advised on their privacy obligations towards staff, students (both domestic and international) and others in the school community.
Greg Steele
Harrison Stone is a boutique law firm with offices in Auckland and Hawkes Bay. The firm has a focus on education and employment law. Greg joined Harrison Stone in 2020 after 20 years of working mostly as in-house provider and manager of legal services for organisations in both New Zealand and Australia. Greg has a broad range of experience in managing the full range of legal issues that organisations encounter. He has also served as Privacy Officer in both public and private companies, and has practical experience of managing Privacy and Official Information Act issues. Greg is currently a member of a school board and has provided training and support for a number of schools on information management, including Privacy Act and Official Information Act compliance. Through this Greg has developed a good understanding of the practical issues that schools face when dealing with these types of issues.
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand
Valet Parking
Rydges Auckland offers Valet Parking for all guests. Daily charges are NZ$38.00. Guests can valet their car unlimited amounts of time for the one daily flat fee. The maximum height of the car park is 1.9m. Limited spaces are available.
Self Parking
Guests can self-park NZ$30.00 on a per exit basis per 24 hours. The reduced parking tickets require being validated from reception.