New Zealand's 24th Annual Premier Industrial Relations Conference

About

Today’s economic environment is putting pressure on every organisation; your challenge is to deliver strategies and practices that will lift performance, connect strongly with employees and that will ensure your organisation is in a good position in the eventual upturn.

Things will change and it is necessary to have a view of the future not only to anticipate change but in order to know what to do in the present. With this in mind, we are developing a programme for next year that will deliver even meatier topics. With new learning, new cases, more debate, more practitioner case studies and less basic theory, next year is set to be one of the best line-ups yet.

Some of the topics include:
• Strategic IR in the Challenged Economy
• Employment reward practices and the good faith environment
• Renegotiation, variations to terms and condition of employment, additional duties, salary freezes
• Restructuring to take advantage of the pool of talent now available
• How hard is it to dismiss these days? Are employers being afforded greater leniency?
• Remedies - principles and practice
• Holidays Act review - the way forward & what you need to know
• Complex collective bargaining - strategies and skills
• Managing employee and management fraud
• Managing strikes, minimising losses

Top 4 Reasons to Attend

1. ONE Event
As a busy professional you know just how valuable your time is, this one event will put you in front of the leading legal experts and practitioners from around the country who will discuss the key legislative and institutional changes that you need to be aware of for the year ahead.

2. Roll up Your Sleeves in all NEW Breakout streams
You'll have the opportunity to break out and attend the sessions that are of most interest to your role. Digest, dissect and discuss the issues with peers in this engaging and interactive format.

3. Gather Actionable Insights and Sharpen Your HR/ER Skills
Two knowledge-packed days with the emphasis on take-home solutions and actionable strategies that you can put to use immediately. Return to the office with a renewed sense of confidence in your HR/ER abilities.

4. Expand Your Network of Peers
Take advantage of the cross-industry nature of the event and gain fresh perspectives from industries outside your own. Tap into their collective wisdom, share valuable insights and discuss innovative strategies.

Set this time aside in your calendar now.

Request for a priority copy of the brochure – ensure you are kept informed and receive your copy of the conference brochure in plenty of time to register at the early bird discount price.

Workshops

Pre Conference Workshops – 1st March 2010

9:00am – 12.30pm
Workshop One:
Investigating and managing employee and management fraud
The difficult economic times are directly impacting many employees, with many experiencing increased pressure from a personal standpoint to make ends meet. These, previously (should we use the word "generally" instead of "previously"?) honest, employees may have a greater motivation to exploit some of the opportunities and control weaknesses in their organisation. Unfortunately management fraud is also on the rise and unlike employee fraud; management fraud is less likely to be detected by low-level controls because of management override.  This workshop will explore  the legal and investigative side of employee and management fraud, assisting you to deal with this increasing and complex problem moving forward.  Topics which will be covered include:
·          Fraud hotspots  - risks to be aware of
·          Pre-employment screening and fraud prevention
o         Trends
o         What controls should exist
·          Conducting a staff or manager investigation
o         Why you should, under no circumstances, get your own IT team involved!
o         Why you should utilise legal privilege!
 o         Should I call in a private investigator?
o         Running a procedurally fair investigation
o         Concurrent civil/employment/criminal investigations
·          After the fraud – dealing with ‘abuse of trust’, and ‘theft
o         Employment agreements and company policies - good practice
o         Reprimands, warnings, dismissal?
o         When to let a dismissed employee ‘save face’
o         Recovering lost property and revenue
o         References – what to say if someone asks
o         Laying a complaint with the Police or SFO – should I bother?
Aaron Lloyd, Partner & Jennifer Mills, Partner, MINTER ELLISON RUDD WATTS
Alex Tan, Director, Forensic Services & Campbell McKenzie, Associate Director, Investigations and Forensic Services  PRICEWATERHOUSECOOPERS

1.30pm – 5.00pm
Workshop Two:
Performance Management: How to Stay Confident, Focused, Fair and Objective

If you’re like most managers, performance management is stressful. Today’s business climate adds a new layer of uncertainty and accountability, making performance management even tougher to navigate. This workshop will equip you with the skills and knowledge to identify and resolve poor performance issues in a timely and effective manner and provide the opportunity to review your organisational policies and practices in light of the law.
• Strategic perspectives on recruitment, induction, expectation setting and probationary periods - getting it right from the start
• The difference between conduct and capability
• How to handle conduct as a defence against poor performance
• Discuss how to tackle and avoid underperformance
• In what circumstances do you extend probation and to what effect?
• How to manage gross incapability
• Benefit from a comprehensive case study
• Consider best practice advice to follow the correct procedures in managing poor performers
• Take away learning from recent case law
• Determine how you will implement a new strategy within your organisation
Michael Quigg, Partner, QUIGG PARTNERS
Simon Martin, Solicitor, QUIGG PARTNERS

Post Conference Workshops – 4th March 2010

9:00am - 12:30pm
Workshop Three:
Interviewing for the Truth: Understanding the Art of Conducting a Comprehensive Investigation

Everyone has at one point or another conducted an interview. However, when it comes to interviewing a target of an investigation, interviewing takes on a whole new meaning. Trusting your instincts as to whether your employee is being open and honest may not be enough. This workshop is designed to help you understand how to increase your success in conducting interviews while ensuring you avoid the risk of grievances. These facilitators will share their experience and discuss:
• Running a thorough and fair process
• Frameworks and techniques
• What questions can be asked?
• How far can the investigator probe?
• Structuring interviews on specific series of questions designed to obtain meaningful information
• Dealing with witnesses and those who make allegations
• Do all complainants and witnesses tell the truth?
• Detecting and probing for signs of deception – is there really anything to interpreting body language and other physical characteristics?
• Avoiding common traps
• Practical exercises
Steph Dyhrberg, Barrister & Solicitor
Detective Inspector Ross Grantham, Strategic Adviser, Investigative Interviewing Unit, Crime Services Centre, Police National Headquarters
Detective Inspector Ross Grantham began his career in 1979 and since 1984, has been a member of the Criminal Investigation Branch (CIB). Over the years, he has gained a vast amount of experience in serious crime investigations. Ross has lectured at the Royal New Zealand Police College on serious crime scene investigation, homicide investigation, command and control and initial action at serious crime scenes. Ross is the Strategic Adviser Investigative Interviewing - a national position created to bring New Zealand police in line with international good practice in investigative interviewing. His team writes the training, sets national standards for investigative interviewing and facilitates the training of all current frontline investigators, specialist investigators and recruits.

1:30 pm - 5:00pm
Workshop Four:
The Bargaining and Negotiation Toolkit: Strategies for Collective Bargaining in the New Economy
Hone your skills, address critical issues in bargaining and engage in an interactive process with your peers. The workshop facilitator will use case studies to highlight difficult problems confronting today's organisations.
• Key strategies to consider and apply when preparing for the next round of collective bargaining
• Getting the Bargaining Process Agreement right.  What to include and what to avoid
• Key principles you need to keep in mind - the negotiating essentials
• Types of negotiators
• Communicating with Employees and third parties during bargaining.  What you can and can’t do
• Negotiating a comprehensive package
• What to do when the bargaining breaks down.  How to get back to the bargaining table
• Managing the business during industrial action
• Options available when the union representatives claim that they cannot sell a critical management demand
• Negotiating with Employee’s on IEA’s during collective bargaining.
David France, Partner, Kiely Thompson Caisley

Agenda

Agenda: Day 1

8.30

Registration & Coffee

9.00

Opening Remarks from the Chair

Steph Dyhrberg, Barrister & Solicitor

9.05

Ministerial Address: Productivity and the priorities and challenges ahead (Ministerial Address)

Hon Kate Wilkinson, Minister of Labour

9.30

Employers & Unions Perspective on Productivity and What They Are Looking For From Industrial Relations in 2010

• Beyond just “good faith” obligations – considering shifting the focus of the employment relationship to include expectations that there will be productive outcomes from the relationship
• Savings made by the organisation and the question of redistribution

Paul Mckay, Employment Relations Policy Manager, BUSINESS NEW ZEALAND
Andrew Little, National Secretary, EPMU

10.10

Morning tea

10.30

The Economy and Remuneration

This speaker will discuss the results of their latest salary survey and will take a broad look across sectors to reveal emerging trends. Key market indicators and employment reward practices will also be explored so that you can understand how these may impact your decision-making.

Dennis O'Callaghan, Managing Director, STRATEGIC PAY

10.55

Strategic IR in the Challenged Economy: Collective Bargaining

• How best to manage the good faith environment -The economic climate and the influence on employers approach to negotiations and union expectations
• Managing expectations and setting the right tone around remuneration - the single market rate vs not everyone can be at the median or above average
• Update on non-union employees ability to negotiate collective agreements
• The cost of getting it wrong – the value of relationships
• Practical lessons, considerations and tips

Geoff Davenport, Partner, MCBRIDE DAVENPORT JAMES
Helen Kelly, President, NEW ZEALAND COUNCIL OF TRADE UNIONS

11.45

Performance Management – You Can Run But You Can’t Hide

Performance management remains a key workplace issue. Unfortunately it also remains an area which many employers fail to handle effectively, creating real risk for the organisation.
• The views of the courts and references to recent cases
• The ‘left field’ issues encountered
• How to deal with bad hiring decisions
• Cases that get side tracked by stress and non related issues
• The common but precarious performance management tool known as redundancy
• Practical tips on handling and navigating an effective performance management system

Michael Quigg, Partner, QUIGG PARTNERS

12.35

Lunch

1.25

Restructuring and Organisational Change

We live in a context in which change is constant. In the workplace businesses must continue to move and adapt to the changing environment, and as a result restructuring has become business as usual in many organisations. However, whilst such change is necessary and inevitable, organisations must work proactively to maintain the integrity of their culture and brand.
The first step in safeguarding culture and brand is to manage restructuring well, and legally. The first part of this session will focus on:
• Developing a business case for restructuring – what constitutes a genuine redundancy?
• What are an employer’s obligations in respect of redeployment?
• Organisation wide restructuring - cascading the impact.
• Restructuring during collective bargaining
• Case law updates - mistakes made and lessons learned

Susan Hornsby-Geluk, Partner, KENSINGTON SWAN

1.25

Experience in the field – Two Case Studies

In this part of the session, leading practitioners from two significant private and public sector employers will share their experiences and some of the key lessons they have learned. Liz Huckerby will talk specifically about her role in managing the merger of Land Transport New Zealand and Transit to form NZTA, whilst Michael Stanley will discuss how organisational change is used within Vodafone to maximise organisational efficiency without compromising service or the brand

Liz Huckerby, Group Manager, People and Capability
Michael Stanley, HR Director, VODAFONE NZ

2.40

Dismissal for Serious Misconduct: Practical Issues Encountered

• How hard is it to dismiss these days? Are employers being afforded greater leniency?
• Air New Zealand ltd v V (where a dismissal was upheld by a Full Bench of the Employment Court)
• The role of “policy” in rule-making and setting discipline in the workplace – recent decisions
• Dealing with the inevitable stress of it all, potential challenges and perhaps the odd period of silence
• Handling the stress claims that arise during the disciplinary process
• Curve balls – what to watch out for and how to handle unexpected bumps in the road

Karen Spackman, Partner, MINTER ELLISON RUDD WATTS
Greg Cain, Partner, MINTER ELLISON RUDD WATTS

3.30

Afternoon tea

3.50

Remedies: Principles and Practice

• What is available to employees?
- Reinstatement
- Lost remuneration
- Compensation
- Penalties
- Others such as compliance orders, wage arrears, interest etc
• What is available for Employers?
• Impact of contributory conduct.
• What do the decision makers look at?
• Recent developments in case law.
• Trends in awards – are the outcomes predictable?
• Problematic issues that can arise

Kathryn Beck, Partner, SWARBRICK BECK MACKINNON

4.30

Examining restraints of trade and how organisations can protect their intellectual property and information

• Non-Competition and Non-Solicitation clauses
- Garden Leave
- Confidential Information and Intellectual Property
• Examining the enforceability of post-employment restraints of trade
• Considering what constitutes a fair restraint of trade?
• Whose idea is it anyway? Determining the legal options available to employers in respect of confidential information and intellectual property, and how businesses can best protect themselves
• Jurisdiction to grant search orders for ex-employees
• How the new employer can be liable

Rob Towner, Partner, BELL GULLY

5.20

24th Annual Industrial Relations Jazz and Networking Drinks Function

Spend the early evening with your peers listening to some of the best jazz Auckland has to offer as you network with your peers at New Zealand’s premier Industrial Relations event.

Agenda: Day 2

9.00

Opening Remarks from the Chair

Dr Bill Hodge, Associate Professor - Faculty of Law, UNIVERSITY OF AUCKLAND

9.05

The 21st Century Workplace: Trends, Opportunities, Challenges, Legal Considerations and What You Can Do Amidst this Digital Landscape

Today employers have to keep up with instant messages, blogs, Twitter, Facebook, LinkedIn, YouTube, Second Life, SmallWorlds and other social networks. Given the potential for greater and more far-reaching consequences, employers would be well advised to be prepared to address the issues that arise in this brave new world.
• The current and future digital media landscape
• Recent cases internationally
• What can employers do to protect themselves?
- Workplace monitoring
- Non-workplace monitoring
• Who owns the user-generated content?
• Blogging and employee discipline
• Legal constraints employers should be aware of before implementing or enforcing policies
• One organisations experience – How they have looked to apply and harness social networking at the organisation
• Managing concerns about everything from wasted time on the Internet to confidentiality breaches and liability for what their employees do online

Pete Rive, CEO, RainRaker
Andrew Scott-Howman, Partner, Luke
John Eyles, Research and Alliance Manager, Research and Venturing

10.10

Morning tea

10.30

Holidays Act Review: The Way Forward & What You Need To Know

The law around holidays are a bone of contention for many employers and it is thought many are now ignoring the current laws. As a result a review of the Holidays Act has been undertaken by the government with a view to make the Act easier for businesses and employees to understand and apply, while maintaining fairness in the employment relationship. Peter Kiely who has chaired the working group for this review will discuss:
• Relevant Daily Pay/Average Earnings
• Trading fourth week of annual leave
• Transfer of public holidays
• Accumulation of alternative days
• Casual employees
• Treatment of public holidays
• Other issues identified by the Ministerial Review

Peter Kiely, Partner, KIELY THOMPSON CAISLEY

11.15

Managing Medical Incapacity and High Levels of Intermittent Absence in the Workplace

• Recent case law and examples from the field
• s68 Holidays Act - medical certificates with little or no reference to either an illness or injury
• Managing illness and incapacity resulting in sporadic and sustained unplanned absences
• Dealing with absenteeism
• Absenteeism as a result of substance abuse - How best to spot, react and control It
• Practical advice for administering drug screening and interventions
• Proper discipline for addicted employees
• Terminating employment - when can an employer say enough is enough?

Jennifer Mills, Partner, MINTER ELLISON RUDD WATTS
Bridget Smith, Senior Associate, MINTER ELLISON RUDD WATTS
Nick Mcleay, Director of Communications, NEW ZEALAND DRUG DETECTION AGENCY

12.00

Lunch

12.50

Break Out Streams – New For 2010

This year we have looked to refresh the programme and provide you with an even greater opportunity to digest; dissect and focus in on the issues that are of most value to your role.

12.50

BREAKOUT STREAM ONE Alternative Employment Arrangements: Options and Issues for Employers to Consider

• Why there is a growing trend towards the use of alternatives to the traditional employer/employee relationship
• Independent contractor checklist - is your independent contractor really an employee?
• Key consideration in the contract:
- Additional work they can take on
- Expectations around prioritisation
- Dealing with conflicts
• Examining fixed-term contracts
• Casual and part-time employment

John Hannan, Partner, DLA PHILLIPS FOX

12.50

BREAKOUT STREAM TWO Complex Collective Bargaining: Strategies and Skills

Collective Bargaining is complex, multi-layered and requires and effective negotiation skills. Whether you represent a business unit, government department, or union, you know that the organisation's strategic interests and priorities are tied to how well you do at the bargaining table. This speaker will discuss a number of examples of complex collective bargaining situations they have been faced with, they will share what went well, what didn’t and strategies you can take into your next negotiation.

Fred Adelhelm, Director, Adelhelm & Associates Ltd

1.35

BREAKOUT STREAM ONE The Employer Strikes Back: A guide to Claims Against Employees

Conventional wisdom says that employees may not have the deep pockets to make a damages claim against them worthwhile. However, often financial remedies are not the most important consideration. An employer who has been wronged may need an injunction or compliance orders against an ex-employee. Examples include seeking orders for return of company property, return of confidential information and declarations that restraints of trade are enforceable, as well as financial remedies. Claims by employers are becoming more common. This session will explore the different claims that an employer may bring against a current or former employee, the proof that may be needed to succeed, and the remedies available.

Richard Upton, Senior Associate, Swarbrick Beck Mackinnon
Mike Spence, Director, deCipher Ltd

1.35

BREAKOUT STREAM TWO Closing the Gap: Tools to Unlock Engagement and Performance

A recent JRA Best Workplaces Survey indicates that more than 60 per cent of organisations have reported they are attaching a higher priority to their employee engagement strategies. For most ER & HR managers’, saying that your people will make the difference in your company surviving the recession and allow you to prosper in the recovery is stating the obvious. Unfortunately, it is also true that performance suffers during the downturn because some individuals are engaged and increasingly a larger number are disengaged. If this continues, your best people will leave – because they can; your worst people will stay – because they have to; most will be putting in less effort as they become more distracted by redundancies and restructuring around them and ultimately, this will negatively impact your bottom line. Understanding and measuring individual levels of engagement in your organisation is critical for the effective planning and managing of targeted interventions to improve motivation, engagement and ultimately retention and performance.
• Building and sustaining a culture of engagement
• Managing your Drivers of Engagement
• Linking engagement, drivers of engagement and organisational performance
• Strategies for reinvigorating engagement in times of turbulence
• Practical examples

Marc Fisk, Head of Corporate Services, METROWATER

2.20

BREAKOUT STREAM ONE Discrimination Law Update: Obligations and Expectations of Your Organisation

• Sex and race discrimination - new case law
• Sex discrimination in collective bargaining
• Disability discrimination - recent developments
• Age discrimination - challenging mandatory retirement
• Justifying age discriminatory redundancy schemes
• Discrimination on grounds of religion or belief - cases on dress rules, religious ethos, and conflict of rights
• Harassment and sexual orientation
• Discrimination in the recruitment process

Sherridan Cook, Partner, BUDDLE FINDLAY
Gemma Mayes, Senior Associate, BUDDLE FINDLAY

2.20

BREAKOUT STREAM TWO Managing Strikes, Minimising Losses

• Preparing in advance for a possible strike
• When is a strike lawful?
• What can you do to stop an unlawful strike?
• Lockouts of employees - legal issues to be aware of
• Section 97 issues - performing the work of striking/locked out employees
• Communications to both striking and non striking employees
• Picketing – legal rights/obligations of employers and employees
• Can you sue for losses suffered, and if so when?

Richard McIlraith, Partner, RUSSELL MCVEAGH

3.05

Afternoon tea

3.20

Productivity and Employer Union Partnerships: Develop, Improve and Add Value to your Relationships and Bottom Line

While some have taken a bunker down or retrenching approach to recent economic challenges some other organisations have sought new ways to lift performance and profitability by working in partnership with their staff and the unions that represent them. When it works this can lead to positive results for both parties and organisations that are more resilient into the future. Experts and practitioners immersed and focused on partnerships and productivity will share their experiences offering ideas that you can take back to your organisation on:
• Productivity restraints
• Positive movements to improve productivity
• Strategies to sustain productivity improvement

Bernard McIlone, Associate, PARTNERSHIP RESOURCE CENTRE
Grant Duffy, Partnership Practice Manager, PARTNERSHIP RESOURCE CENTRE
Graeme Boomer, Industrial Relations Manager, KIWIRAIL
Phil Kearn, Signal Technician and RMTU delegate, KIWIRAIL
Scott Wilson, Industrial Officer, RAIL AND MARITIME TRANSPORT UNION

4.10

Closing remarks from the Chair

4.15

End of NZ’s 24th Annual Premier Industrial Relations Conference

Sponsors/Partners

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