Employment Law: Addressing Critical Issues, Essential Updates and Changes
Examine critical employment law issues, legislative updates, & practical applications of recent decisions with a panel of absolute employment experts. Don’t miss it. Gain insights on the impact of Tikanga Māori on employment processes, managing restructurings, restraint of trade & contractor/employee relationships. Ensure policies safeguard against bullying & harassment claims. Examine how to conduct thorough investigations & ensure that surveillance processes align with the Privacy Act. WEB246NAZ05
Description
Attend and earn 7 CPD hours
Session 1
Addressing Critical Issues and Updates in Employment Law
Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West
9.00am to 9.50am Contractor vs Employee Issues, Disputes and Recent Decisions
- The differences: contractors and employees
- Recent case law
- Where to from here
Presented by Kate Ashcroft, Partner, Copeland Ashcroft Workplace Lawyers
9.50am to 10.35am Restructures: Managing the Curly Questions for Employers
- When does an obligation to consult arise?
- How much information must we provide to affected employees?
- What is a lawful selection process?
- What are our redeployment obligations?
Presented by Laura Briffett, Partner, Langton Hudson Butcher and Emma Crowley, Senior Associate, Langton Hudson Butcher
10.35am to 10.50am Morning Break
10.50am to 11.35am Restraint of Trade: Recent Amendments, Drafting and Enforcement
- Employment Relations (Restraint of Trade) Amendment Bill: What is now considered is reasonable?
- How to draft restrictive covenants
- Enforcement of restraints
- Recent decisions
Presented by Jennifer Mills, Director, Jennifer Mills & Associates
11.35am to 12.20pm Tikanga Māori and the Interplay with Employment Processes
Explore the consideration of mana Māori and tikanga Māori by the Employment Relations Authority and Employment Court and discuss practical applications of Te Ao Māori perspectives in employment and dispute resolution processes.
Presented by Shelley Kopu, Lawyer, Shelley Kopu Law
12.20pm to 1.15pm Update on Recent Cases and Legislative Updates
- Trial periods
- Holiday Act reforms
- Recent cases
Presented by Penny Swarbrick, Partner, SBM Legal Barristers & Solicitors
Session 2
Bullying, Mental Health, Investigations & Surveillance
Chair: Daniel Church, Senior Staff Barrister, Hobson Towers West
2.00pm to 3.00pm How to Protect from Claims for Bullying, Intimidation, Harassment and Mental Health: Ensuring Policies Back You Up
- What constitutes bullying, intimidation, and harassment?
- Employers’ obligations
- Key cases
Presented by Jessica Greenheld, Senior Associate, Simpson Grierson
3.00pm to 4.00pm Conducting Investigations: Tips and Tricks to Get it Right
- Terms of reference (getting it right from the start)
- Key points for running a procedurally fair investigation
- Commonly encountered problems and how to respond
Presented by Bridget Smith, Partner, SBM Legal
4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Monitoring and Surveillance Processes in the Workplace and Ensuring Compliance with the Privacy Act 2020
- Key legal considerations, including the Privacy Act 2020, the Employment Relations Act 2000, and the Health and Safety at Work Act 2015
- Summary of case law
- Practical tips regarding implementation
Presented by Rosemary Wooders, Partner, Bell Gully
Learning Objectives:
- Reflect and consider the interplay of Tikanga Māori with Employment Processes
- Learn how to answer those curly questions during a restructure
- Gain an update on recent amendments impacting a restraint of trade agreement
- Learn how to draft and enforce a restraint of trade clause
- Get a valuable update on recent cases and legislative amendments
- Receive guidance on ensuring workplace policies protect employers from workplace claims for bullying, intimidation, harassment and mental health
- Learn best practice regarding workplace investigations
- Know how to ensure monitoring and surveillance processes conform with the Privacy Act
Presenters
Daniel Church
Daniel Church is a Senior Staff Barrister in Catherine's team. He graduated with a Bachelor of Laws degree with First Class Honours and a Bachelor of Arts degree in 2015, and joined Catherine's practice in early 2017 to further his passion for practising in employment law. Daniel regularly appears as counsel in the Employment Relations Authority and as second counsel to Catherine in the Employment Court. He has also appeared as counsel before the Teachers Disciplinary Tribunal defending charges brought by the Complaints Assessment Committee. Daniel regularly assists clients with investigations in the Employment Relations Authority, mediations, reviewing and amending employment agreements and policies to ensure compliance with current legislation, personal grievances, redundancies and negotiated exits. He has assisted companies with major restructurings and represented them in union negotiations, as well as representing both employers and employees in disciplinary and performance management processes. Daniel also has conflict resolution experience and is able to assist with mediating disputes between employees. He presents seminars at conferences on employment and education law matters which are topical and of particular interest to school leaders.
Shelley Kopu
Ko Taranaki te maunga, ko Tokomaru te waka, ko Te Atiawa te iwi, ko Puketapu rāua ko Pukerangiora oku hāpu. As a specialist employment lawyer, mediator and investigator, Shelley is experienced in traversing the intricacies of the employment relationship across a broad range of industries including education, health, kaupapa Māori, government, finance, sports and iwi. Shelley’s practice is complimented by her directorships with Te Kotahitanga o Te Atiawa (Post Settlement Iwi), Papa Rererangi i Puketapu (New Plymouth Airport) and Tui Ora (Health) as well as voluntary positions with Youthline and St Peters College. These unique attributes differentiate Shelley’s approach to the law and she is committed to addressing the challenges that arise in the employment relationship with a Te Ao Māori lens in a manner that honours Tikanga Māori. Shelley understands and recognises the importance of both a commercial and cultural lens when determining the best strategy for her clients and her indigenous and pragmatic approach is well regarded by those who seek out a sensitive and culturally appropriate practitioner.
Laura Briffett
Laura has broad experience in employment and commercial law, and her work as an in-house lawyer means that her advice is commercial and pragmatic. She has assisted with litigation in the Employment Relations Authority, Employment Court and High Court, represented clients at mediation, and advised on a range of individual and collective employment relations matters, including strikes, lockouts and bargaining. Laura has a particular interest in assisting employers to protect their proprietary interests against departing employees, and has advised on search orders, team move issues and the enforcement of restraints of trade.