33rd Annual Industrial and Employment Relations Summit (IER)

Leading a modernised workforce in time of change and reform

5 - 6 Mar 2019Crowne Plaza, Auckland
Event Details


Opening remarks from the Chair
Jennifer Mills, Director - Head of Practice, Jennifer Mills & Associates
Ministerial Address - Impacting employment law with positive reform

• Outlining the need for change and reform in the current
• How the new reforms will positively affect the employment
• Looking into the future of work and the ways we do business

Hon. Iain Lees-Galloway, Minister for Workplace Relations and Safety, ACC & and of Immigration, Under Invitation
Analysing the impact of anticipated changes on employment law and business

Join our experts to discuss what this means for the business and
legal environments.
• Examining the changes that will affect the business and legal
• Outlining how the changes will impact employers and what
the new obligations and practical implications are
• Discussing whether the new changes increase fairness
between employees and employers in order to promote
productive employments relationships

Paul Mackay, Manager Employment Relations Policy, Business NZ
Jennifer Mills, Director - Head of Practice, Jennifer Mills & Associates
Q&A with Paul Mackay and Jennifer Mills
Paul Mackay, Manager Employment Relations Policy, Business NZ
Jennifer Mills, Director - Head of Practice, Jennifer Mills & Associates
Morning break
Analysing the impact of new privacy laws

• Highlighting the challenges of the modern environment and
the way it has changed employer and employee obligations
• Analysing the new privacy laws and predicting the impact on
employment law and HR and ER practitioner obligations
• Looking into the toolbox on best practice and how to manage
privacy obligations effectively

John Edwards, Privacy Commissioner
Kathryn Dalziel, Barrister
Q&A with John Edwards and Kathryn Dalziel
John Edwards, Privacy Commissioner
Kathryn Dalziel, Barrister
Restructuring and redeployment – getting it right first time

Restructuring is an essential tool for employers given that
change processes are a necessary part of managing a business.
However, even though restructuring is a familiar concept, we
regularly see employers struggle with hidden stumbling blocks
that can easily turn legitimate change processes into costly
employment disputes. In addition to taking you through recent
developments in the area of restructuring and redundancy, this
session will shine a light on the pitfalls employers need to be
wary of including:
• Consultation obligations – how much and when?
• What is “all relevant information”?
• Selection criteria and processes
• Redeployment and preference obligations
• When is a role “substantially similar”?
• Employment protection provisions

Susan Hornsby-Geluk, Managing Partner, Dundas Street Employment Lawyers
Q&A with Susan Hornsby-Geluk
Susan Hornsby-Geluk, Managing Partner, Dundas Street Employment Lawyers
Lunch break
Developing themes in employment law: A perspective from the Employment Court bench with Chief Judge Christina Inglis

• How technology and the rapidly changing work environment
is affecting employment law
• Minimum standards and evolving workforce practices
• The impact of change and what the future might bring
• Potential barriers to asserting and defending employment

Her Honour Chief Judge Christina Inglis, Chief Judge , Employment Law Court
Q&A with Chief Judge Her Honour Christina Inglis
Her Honour Chief Judge Christina Inglis, Chief Judge , Employment Law Court
Investigating investigations – practical advice on how to deal with them

Focusing on the practical advice you need to deal with
investigations and the best practice for implementing one and
seeing it through.
• When is an investigation needed and what are the laws that
apply to them?
• Practical advice for ensuring a full and fair investigation
within the bounds of natural justice and procedural fairness
• Looking at the different types of investigation that can be
implemented and what to expect during the process

Andrew Scott-Howman, Barrister, Port Nicholson Chambers
Q&A with Andrew Scott-Howman
Andrew Scott-Howman, Barrister, Port Nicholson Chambers
Afternoon break
Managing medical incapacity

Dealing with absence management of employees as a result of
ill health and the best strategies and practices for HR and ER
• Outlining your obligations as an HR professional and the red
flags you need to be aware of
• Looking into when stress and mental burnout become
incapacitating factors
• Highlighting best practice for dealing with unwell employees

Tim Clarke, Partner, Bell Gully
Q&A with Tim Clarke
Tim Clarke, Partner, Bell Gully
Mental health obligations in the workplace

Creating a culture of health and well being in the work
place has become an important part of the employment
law landscape in recent years. However, dealing with
mental health in the workplace can be a difficult issue for
employers, who must balance business interests against their
safety and employment obligations and act sensitively and
compassionately. This session will cover:
• Managing mental health issues in the workplace, including
• Monitoring the mental wellbeing of your employees:
approaches from other jurisdictions
• The obligations for businesses from a safety perspective
• How to respond to a claim by an employee, or an enquiry by

Charlotte Parkhill, Partner, Kensington Swan
Greg Cain, Partner, Kensington Swan
Q&A with Charlotte Parkhill and Greg Cain
Charlotte Parkhill, Partner, Kensington Swan
Greg Cain, Partner, Kensington Swan
Summary remarks from the Chair & Networking Drinks
Jennifer Mills, Director - Head of Practice, Jennifer Mills & Associates
Welcome back from the Chair
Steph Dyhrberg, Partner, Dyhrberg Drayton Employment Law
Changes to collective bargaining and union engagement

The Employment Relations Act 2000 has undergone major amendments which will result in significant changes within the collective
bargaining and union engagement landscape. Join our expert to discuss how the practical implications for this will affect HR practice in the
work place.
• Outlining the key changes to collective bargaining and enhancing union membership
• How the changes will impact the obligations of employers and their HR teams
• Ensuring effective communication and outlining best practice for engaging with unions effectively in common possible scenarios
• Looking into fair pay agreements, and what these may mean.

Sherridan Cook, Partner, Buddle Findlay
Q&A with Sherridan Cook
Sherridan Cook, Partner, Buddle Findlay
Happy holidays – Holiday Act

Examining Holidays Act 2003 non-compliance, the new amendments, and
what change is in the wind.
• Dissecting non-compliance - what went wrong and why? Checking the
basics and identifying red flags.
• Preparing for when the Labour Inspector calls.
• Highlighting the new Holidays Act amendments
• Exploring Holidays Act reform - another re-write or a brave new world?

Jim Roberts, Partner, Hesketh Henry
Q&A with Jim Roberts
Jim Roberts, Partner, Hesketh Henry
Morning break


Delegates choose either session A or session B


Session A Chaired by Steph Dyhrberg, Partner, Dyhrberg Drayton Employment Law


Session B Chaired by Amanda Douglas, Partner, Wynn Williams

Session A - The right to disconnect

The modern workplace together with the ever
increasing use of new and portable technologies and
the introduction of flexible working arrangements
has changed traditional work patterns, including how
workers respond to work demands. What is the work
day and when does it finish?
• Outlining why employers need to rethink their
expectations of employees who are provided with
portable digital devices and technology, and be
expected to be readily available outside of normal
work hours and the workplace
• How is the health and safety case law and legislation
developing around this?
• Looking into trends from overseas and discussing
specific case studies

Anthony Drake, Partner, Wynn Williams
Session B - Spotlight on triangular contracts

• Examining what rights the private member’s bill on
triangular contracts seeks to strengthen and the situations
it can cover
• Looking into the impact of the LSG Sky Chefs New
Zealand Limited v Prasad [2018]
• Outlining best practice and future direction on distinction
between employees and temp labour.

Shan Wilson, Partner, Simpson Grierson
Session A - Health and safety in your workplace

• Examining the latest developments in health and
safety that HR and ER professionals need to know
• Defining PCBU, enforceable undertakings and other
important terms
• Best practice and strategy for getting it right

Grant Nicholson, Partner, Kensington Swan
Session B - Exiting employees and restraints of trade

• Procedure surrounding exiting employees
• Drafting full and final settlement agreements
• Looking into restraint of trade clauses
• Impact of the digital revolution on restraint of trade
drafting and effectiveness
• Reviewing the case law and what HR and ER practitioners
need to know

John Hannan, Partner, DLA Piper
Lunch break
Session A - Pay equity and fair pay agreements

• Changes to pay equity provisions
• The new Fair Pay Agreement regime
• Practical implications
• Recent developments

Steph Dyhrberg, Partner, Dyhrberg Drayton Employment Law
Johanna Drayton, Partner, Dyhrberg Drayton Employment Lawyers
Session B - Dealing with serious business – bullying and sexual harassment in the workplace

• Looking into the impact the #metoo movement has had on
this area of workplace relations
• Understanding your obligations as an employer and how
to handle these complaints appropriately
• Creating and promoting a culture that prevents
inappropriate behaviours

Megan Richards, Partner - Employment and Public Law, Minter Ellison Rudd Watts
Session A - Achieving effective mediations
  • Looking into situations where mediation is particularly effective and how to recognise them 
  • What are the uses of mediation and how do you achieve desired outcomes?
  • Strategy and preparation
  • Looking into what an effective outcome in a mediation can mean
  • Records of Settlement – what should you include? 
Rebecca Rendle, Senior Associate, Simpson Grierson
Session B - Successfully managing drug, alcohol and other addiction issues in the workplace

• Examining employer obligations and duties around drug
and alcohol testing in the work place
• Implementing policies that are legal and meet the required
• Understanding the relevant case law and looking at
practical examples

Amanda Douglas, Partner, Wynn Williams
Afternoon break

Summit resumes in plenary after the afternoon break

Panel – Practical advice for making it work - strategies from the coal face

Learn practical strategies for working within today’s
changing employment law landscape from our panel of
employment relations specialists
• What to expect when negotiating with unions and
strategies to use to get it right
• The practicalities around implementing an investigation or
• Highlighting practical situations from the coal face
and using common sense

Tony Teesdale, Managing Director, Teesdale Associates
Anna Jones, Associate Director, Three60 Consult
Jennifer Mahony, Client Director, FairWay Resolution
Catherine Murray, Director, The HR Department
Closing remarks from the Chair and end of summit
Amanda Douglas, Partner, Wynn Williams
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