Employment Law Update 2018

An intensive 1-day insight to ensure you comply and are prepared for the negotiating table

24 Sep 2018Crowne Plaza, Auckland
26 Sep 2018Wharewaka, Wellington
Event Details
separately bookable workshops
Conducting a sufficient investigation particularly with respect to harassment & discrimination complaints
25 September 2018, AUCKLAND | 9.00am - 12.30pm

Investigations represent an opportunity to deal with a significant employment issues but also present significant risk to both you and employees if conducted incorrectly. With significant increases in complaints likely in an environment of heightened awareness post-Weinstein, this workshop gives you practical lessons on how to conduct a proper and thorough investigation with insight and sensitivity, avoiding making a costly mistake during the process.

Workshop is only available in Auckland

  • First things first - what constitutes “sufficient investigation” in the eyes of the Employment Court and what scope and detail do you need?
  • A step-by-step guide to putting together an employee investigation
    • Special considerations in conducting an investigation over sensitive claims
    • Special protections for both the complainant and employees involved in the investigation
  • Developing questioning skills and conducting interviews
  • Taking things seriously? What constitutes the subject matter of a complaint – when is a threshold to act reached?
  • How to walk the minefield of conflicting information and misleading answers
    • Seeking corroboration
  • Avoiding wasting time in the investigations process
  • Consulting with staff and adequately explaining the situation
    • Balancing need to know vs privacy considerations
  • Managing the rights and expectations of all parties involved
  • Looking at and learning from recent case law – where have employers gone wrong with employee investigations
  • Concluding and communicating the investigation

Tim Clarke

Partner

Bell Gully

Tim is a litigation partner in Bell Gully’s Auckland office, specialising in employment, privacy and data protection, and health and safety law. Bell Gully’s employment and workplace safety team advises on all aspects of employment law, including, industrial relations, health and safety, human rights, privacy, disciplinary, restructuring and redundancy issues. Before joining Bell Gully, Tim practised as a general commercial litigator and spent three years in Hong Kong and from 2001 to 2004 was based in the British Virgin Islands.

Collective Bargaining - Aligning your ER strategy with new updates and requirements
25 September | 1.30-5.00

The regulation around collective bargaining is changing significantly with the latest round of government reforms. This workshop will focus on the strategic direction you need with your bargaining process, enabling an equitable outcome that satisfies the interests of both parties. Gain insight into practical tools to help you understand the biggest shifts taking place with collective bargaining processes to maintain workplace relationships and maximise engagements.

  • Delving into the changes and how they affect your workplace’s employment relations landscape
  • Developing an effective long-term strategy to manage mutually beneficial union relationships
  • Strategies to create robust union agreements
  • How to ensure effective communication throughout the bargaining processes
  • Strategies for how to get things back on track when they fall apart
  • Key issue and what you need to know with regard to strikes and lock outs
  • Looking into the in’s and out’s of Fair Pay Agreements and how they will be negotiated
  • Negotiating pay with collective agreements

Anna Jones

Associate Director

Three60 Consult

Anna has extensive experience in employment relations and dispute resolution, having led over 2000 mediations to resolution involving a broad range of issues. As a professional mediator, Anna has worked in a number of different jurisdictions including employment, commercial, human rights, sports, weathertight and tenancy. Over recent years Anna has specialised in the more complex conflicts that can arise within employment which are often difficult to define but have a significantly detrimental effect in the workplace such as bullying. Anna often works with large groups and is able to tailor her approach to fit the particular issues and people involved. Anna also has significant experience assisting parties in collective bargaining and has been involved in some of New Zealand’s most high profile industrial relations disputes in recent history. Anna has mediated bargaining impasses across a number of different industries including transport, education, energy, retail and healthcare. Anna has both a Bachelor of Laws and Arts from Auckland University and was admitted as a barrister and solicitor of the High Court in 2003 (although she does not hold a current practicing certificate). Anna has advanced mediation accreditation with LEADR (Lawyers Engaged in Alternative Dispute Resolution) and is also an accredited Conflict Coach, which enables her to work one on one with individuals to address issue of conflict and to develop conflict management processes. Anna also designs and delivers a significant number of presentations and workshops for large conferences and for smaller teams. Anna works across the range of services that we provide with a focus on advocacy in Collective Bargaining, Investigations and developing the Mediation practice for Three60 Consult.

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