Industrial & Employment Relations Summit 2012

Overview

Our 27th Annual Industrial and Employment Relations Summit, held on 13-14 March at the Crowne Plaza in Auckland, was a great success.

With a lot of recent changes in Employment legislation, and industrial activity and unrest being at a level not seen in a number of years, IER2012 was an excellent opportunity for our over 150 speakers and attendees to network, learn and update themselves on current and upcoming issues. Attendee feedback was overwhelmingly positive, with a number of delegates attesting to the quality and value of the presentations given.

About

A Message from the Two Conference Chairs

Since the last conference, New Zealand has faced turmoil within the international economy, a Rugby World Cup, and an election.  The legal framework that employment relationships operate within has also changed in ways that haven’t necessarily been predictable.

For one, the impact of the amendments made to the Employment Relations Act and Holidays Act that took effect in 2011 do not appear to have had a particularly profound impact on employment relationships.  Conversely, the biggest impacts have arguably been caused by decisions of the Employment Court in interpreting existing legislative provisions.  

This year’s conference offers attendees the opportunity to hear about the latest developments in employment law in New Zealand from the experts in this field. As the country’s longest running IR and ER conference, this conference offers a unique opportunity for practitioners to come together as a group to discuss the latest developments and what these mean practically.

We are looking forward to chairing the 2012 conference, and can promise you that it will be a “must attend!”
Susan Hornsby-Geluk, Partner, Chen Palmer
Kathryn Beck, Partner, Swarbrick Beck Mackinnon

New Zealand’s longest running IER summit!

  • Top conference sessions over the two-day event and four workshops that focus on all the must-know topics
  • Catch up on important case law and understand the impact this has for your organisation
  • Fantastic keynote speakers
  • Back by popular demand, all your favourite legal experts in the field of employment law
  • Looking beyond the law for inspiration in your everyday working life

Agenda

8.30

Registration & Coffee

9.00

Opening remarks from the Chair

Susan Hornsby-Geluk, Partner, Chen Palmer

9.10

Ministerial address

The Minister of Labour will address the conference to discuss the current and future challenges in New Zealand, and how the Government will meet these.
• What is on the agenda for changes in the Employment Relations Act in the near future?
• What are the priorities for the next three years?

Hon Kate Wilkinson, Minister of Labour

9.40

CEO Keynote address: Thinking creatively for positive employee relations

Leading a company by thinking creatively for positive employee relations is something this speaker does by example.
• What separates good employees from great?
• Positive employee relations for future results

Nicky Bell, CEO, Saatchi and Saatchi

10.30

Morning tea

10.50

A new take on restructuring: Massey vs Wrigley

The provision of information to unsuccessful employees has significant practical implications for both successful employees and panelist. This case is significant because its principles are likely to apply to all situations of dismissal.
• The ramifications of this case in the wider context
• 3rd party rights
• Good faith obligations
• What are the obligations of employers?
• Consulting with employees

Andrew Schirnack, Partner, Langton Hudson Butcher

11.25

Litigation Part 6A: Managing restructurings involving “vulnerable” workers

In a business restructuring, the transfer of “vulnerable” employees to the new employer has caused a stir in litigation recently.
• Lessons from current cases: what are the loopholes for new employers?
• Who is eligible to transfer?
• What are the responsibilities of outgoing employers?
• What are the new employers’ rights?
• Requests for transfer costs information and liability for accrued entitlement

Tim Clarke, Partner, Bell Gully

12.30

Lunch

1.30

A view from both sides: The evolving nature of collective bargaining - strikes and lockouts

Two highly experienced Employment Law practitioners who generally operate on different sides of the fence will provide a commentary on the recent development in Collective Bargaining and Industrial Action. The topics covered will include the requirements of good faith; the status of Bargaining Process Agreements; communications during bargaining; facilitated bargaining; and issues relating to strikes and lockouts including the use of strategic strike action and suspension of striking workers.

Susan Hornsby-Geluk, Partner, Chen Palmer
Simon Mitchell, Barrister, Advocacy Chambers

2.10

A focus on changes to trial periods

One of the changes that have come into effect with the Holiday Bill Amendment Act has been changes to trial periods. This session will take you through the important requirements you need to know about.
• Enforcement of trial periods
• Difference between probation and trial periods
• Good faith obligations
• Oral or written obligations
• Coverage by collective agreements

Peter Kiely, Partner, Kiely Thompson Caisley

2.50

Afternoon tea

3.30

The how-to of implementing a restructuring

We all know that consultation with staff is required before a restructuring can be implemented. But what happens next? How do you move from one structure to another?
• How do you ‘compare’ current and new roles when considering redeployment?
• Can external candidates be sought when current staff might suit a new role (but may not be the best person)?
• What are the rules for running selection processes involving current staff?
• What information are affected staff entitled to access in a selection process?
• What catches can arise from the employment agreement terms?
• What is the best way to include the union or unions in the implementation process?

Karen Radich, Barrister, Clifton Chambers
Megan Richards, Partner, Minter Ellison Rudd Watts

4.10

Restraints of trade and their impact on the workplace

It is understandable in tough economic times that organisations are more willing to use and enforce restraints of trade. But really what should the appropriate terms be and for how long should they last?
• Justifiable terms for restraints
• Non-solicitation vs non-compete
• Consideration
• Enforcement
• Cases against new employers/competitors

Steph Dyhrberg, Partner, Dyhrberg Drayton Employment Law

5.00

26th Annual IER jazz and networking function

Agenda: Day 2

9.00

Welcome back from the Chair

Kathryn Beck, Partner, Swarbrick Beck Mackinnon

9.05

Key case law update

This session will give you an update on all the latest case law that has happened over the past 12 months. Bill will identify key themes that have come out of these decisions which impact on HR practitioners.
• New developments in the new s103A (as amended from 1 April 2011)
• Recent developments in remedies
• New developments in “triangular” cases, of “temping” or service providers
• Recent case on duty to mediate before striking
• Redundancy and duty to provide all information
• A review of the “sleep over “cases
• Would vs. Could

Bill Hodge, Associate Professor – Faculty of Law, University of Auckland

9.35

Stress in the workplace– A focus on mental health legal issues following the Canterbury earthquakes

Medical issues – especially those associated with mental harm – have attained a new focus following the tragedy and traumas of the Canterbury earthquakes. The law has only recently started to catch up with an area that may soon require a sharp focus for employers – not just in Christchurch, but nationwide.
• A brief overview of the current law – especially Alo v NZ Customs Service
• How mental health issues are being used to confront allegations of wrongdoing or poor performance
• Can mental health be relevant to reasonableness of penalty?
• Some suggested strategies for employers

Andrew Scott-Howman, Partner, Luke Cunningham & Clere

10.10

Understanding what constitutes harassment in today’s workplace

There is a lot of misunderstanding around “bullying” and “harassment” which leads to a good deal of time wasted by employers having to investigate claims. This session will give you the knowledge to know what harassment really is and what strategies you need to employ.
• Understanding what harassment is
• Having a policy that works for your organisation
• How should you be dealing with harassment claims?
• Some practical tips when issues escalate

Kathryn Beck, Partner, Swarbrick Beck Mackinnon

10.50

Morning tea

11.05

Getting to grips with employment investigations

In a situation involving potential misconduct, many employers want an immediate outcome, and overlook the complexities involved in carrying out investigations. As a result, crucial facts are missed, or the procedure is messed up.
• Defining the scope of the investigation, and supervising the investigator
• Dealing with reluctant witnesses
• How far does confidentiality go?
• Status of the investigator’s findings
• When and how to ‘go external’

Greg Cain, Partner, Kensington Swan
Charlotte Parkhill, Senior Associate, Kensington Swan

11.45

The relationship between modern media and employment law

A question that is asked regularly in today’s world is “where does work end and life begin?” Social media tools such as Twitter and Facebook have caused lines to become blurred. Also, many organisations are also using social media to raise their brand profile.
• What is acceptable internet use in the workplace
• What sort of internet policy should you have?
• The impact of the Copyright (infringing file sharing) Amendment Act
• Dealing with unacceptable use of social media in the workplace

David France, Partner, Kiely Thompson Caisley

12.25

Lunch

1.25

The legal pitfalls of immigration concerns for international employees

Recruiting for specialist skills and unique talent overseas can identify superb candidates. But how do you know if they will be able to gain a New Zealand work visa?
• Restrictions on providing immigration advice – what you can and cannot lawfully say to potential recruits
• Overview of the most relevant work visa categories and the pros and cons for the business of each option
• Strategies for planning to recruit from overseas – steps that can help to smooth the immigration process
• Tips for liaising with Immigration New Zealand and timelines for immigration approvals
• Structuring the employment package to make the best use of current tax policy.

Steve Wragg, Senior Associate, Minter Ellison Rudd Watts

1.25

Privacy Act update: Employment relationships impacted

Privacy issues arise everywhere in employment relationships - at the recruitment phase, when managing absenteeism, in disciplinary matters, during restructures, and even at leaving functions. How many organisations have updated their systems and processes to ensure they ate legally compliant in light of recent findings of the Privacy Commissioner and the Employment Court?
• Potential changes to privacy law in New Zealand: what these are likely to mean in the employment context
• Case notes from the Privacy Commissioner of note about employment relationships, including a recruitment, processes, bullying complaints etc
• The impacts on privacy in the workplace of the Employment Court’s decision in Massey University v Wrigley;
• Proposed changes to privacy law put forward by the Law Commission

Blair Scotland, Senior Associate, Chen Palmer

2.10

Changes in the Public Sector that effect the way you conduct business

• Downsize me
• An overview of the key State Sector Act Employment Provisions
• Auditor General guidelines
• Exposures to risk and lessons for private sector

Maria Berryman, Principal, Luke Cunningham & Clere

2.10

Getting it right: Developing, implementing, and using a drug and alcohol policy

Getting a policy in place and being able to rely on it can be a tricky exercise, particularly when you have a varied workforce. It is important to look at both the legal and the practical issues involved in this sensitive area.
• What should your policy include?
• How do you introduce it to your employees?
• When can you take action under the policy?

Alison Maelzer, Senior Associate, Hesketh Henry

2.55

Good Faith – an obligation of increasing substance

This session will look at the following topics where good faith is expanding at the margins:
• Claims against employees for damages
• Collective bargaining
• Strikes/lockouts in the context of bargaining process agreements
• Restructuring

Geoff Davenport, Partner, McBride Davenport James

2.55

Joint Session: Where remuneration and performance management meet

The linkages between performance management outcomes and remuneration can be problematic. How do you ensure that you are genuinely incentivising performance?
• Will an STIP (short term incentive plan) do it alone?
• How do you strike the balance between pay and other motivators?
• Strategies for putting together “total packages”
• The management of senior staff
• The difference between mentoring vs. discipline
• A coaching plan
• Performance improvement goals: what are the strategies?
• Procedural pitfalls you need to avoid

Michael Quigg, Partner, Quigg Partners
Geoff Summers, Executive Director, Strategic Pay Ltd

3.40

Afternoon tea

4.00

Closing Keynote Address: Raise your game!

Would you like to know exactly how you can achieve greatness? Ever thought: ‘I know I’ve got it in me, but I just can’t seem to find it’? In business today only a few people know how to create the self-confidence needed to stay focused and get things done, achieve their goals and clinch those deals. Raise Your Game is a motivational keynote coupled with a toolbox of self development tools to help people:
• Control thinking so as to stay positive at critical times
• Improve self-belief to improve performance
• Develop confidence to achieve goals and close deals
• Stay self disciplined by using mental focus
• Understand the necessity of clearly defined, accurate goals

John Shackelton, Motivational Speaker

Masterclasses

Pre-conference Masterclasses: 12 March 2012, Crowne Plaza

Masterclass 1: The latest trends in collective bargaining (9.00am -12.30pm)

  • What are the latest trends in collective bargaining?
  • Overview of wage increase rates
  • The overall coverage in collective bargaining
  • The increase in pay linked to performance targets
  • Implications of the Kiwisaver Scheme
  • Flexible working time arrangements
  • Understanding the difference between agreement and commitment

Michael O’Brien, Senior Associate, Kensington Swan
Michael is experienced in advising on all employment and industrial issues. He enjoys adding value to a client’s employment relationships through his strategic input. Particular areas of interest include:
Advising on relationships with unions, including collective bargaining strategies, collective employment agreement and industrial action (strikes and lockouts)

Protecting confidential information and enforcing restraints of trade
Guiding clients through restructures
Enhancing opportunities in business sales or acquisitions, including down-stream issues.

Masterclass 2: Getting to grips with the disciplinary process of investigations (1.30pm - 5.00pm)

Understanding the process of investigations is crucial to you as an employer. It is also important to understand that you are able to run these investigations by yourself a good deal of the time -unless there is a conflict of interest.

  • When does the “usual” HR management process become an investigation?
  • When to investigate
  • How to run an investigation
  • Getting the process right
  • Avoiding pitfalls
  • Dealing with counsel
  •  When to get an external investigator

Steph Dyhrberg Partner, Dyhrberg Drayton
Johanna Drayton, Partner, Dyhrberg Drayton
Steph has 20 years legal experience.  Prior to joining forces with Johanna, Steph practised as a sole practitioner for 6 years.  Steph previously worked for a large commercial law firm (Russell McVeagh, Wellington), as a Crown Counsel in the Employment and Education team of The Crown Law Office, and as an employment lawyer for human resources specialists Right Management Consultants (formerly Greene Hanson, and The Empower Group).  Steph is a member of the Social Workers’ Disciplinary Tribunal, has served on the Wellington District Law Society Council, and was a founding author of Brookers District Court Procedure.  Steph is a member of the New Zealand Law Society and the Wellington Women Lawyers' Association.
Steph is recognised as a highly effective senior employment advisor and advocate.  She is a skilled conference and workshop presenter, and has developed a specialist expertise in undertaking independent investigations and reviews.

Johanna has 18 years post admission experience working in a large law firm (DLA Phillips Fox), and then as a partner in a boutique litigation law firm (Parker & Associates).  Her clients are public and private sector employers and employees.  She is the author of the Privacy, Official Information and Human Rights Act chapters in the legal text The Law of Civil Remedies, published by Brookers.  Johanna is a member of the Employment Law Institute, the New Zealand Law Society and the Wellington Women Lawyers' Association.
Johanna has significant experience and expertise in all aspects of employment practise and advocacy, and is an excellent negotiator.  She has presented at seminars, conferences and the Human Resources Institute of New Zealand.  She provides targeted training for clients.

Post Conference Workshops: 15th March 2012, Crowne Plaza, Auckland

Masterclass 3: The ABC’s of Restructuring and Redundancies and Managing Performance Processes (9.00am-12.30pm)

Managing a restructuring of an organisation can be filled with many pitfalls under employment law. Learning what these pitfalls are and how to avoid them is crucial in getting the process right for successful restructuring.  Knowing how to manage performance issues and questions of an employee's fitness for work are also important and, again, the right process is essential.

  • How to manage redundancies - making sure productivity/efficiencies gains as a result of the changes aren't undermined by a personal grievance case
  • Following adequate processes during a restructuring
  • Redeployment processes
  • Performance issues - managing employees out of the organisation; where performance issues and restructuring meet
  • Issues relating to “older employees” - fitness for work, performance concerns

John Rooney, Partner, Simpson Grierson
John is a partner in Simpson Grierson's employment law group. He specialises in industrial and employment law, advising many of New Zealand's top companies on employment law issues. These include disciplinary and personal grievance hearings, collective bargaining, disputes between unions and employers, employment contracts and service agreements, termination packages, workplace-related stress and injuries, restrictive covenants, confidentiality, business reorganisations, redundancy programmes, mergers and acquisitions, and superannuation (including KiwiSaver). He also advises on consultancy, agency, and other atypical working arrangements.



Masterclass 4: Managing difficult employees (1.30pm - 5.00pm)

Difficult employees create difficult problems. It may be a bad attitude, poor performance, or excessive sick leave - or all three. Their conduct outside the workplace may be just as problematic - facebook rants about the boss, or malicious tweets about their workmates.

  • Trial periods - understanding the legal loopholes and how to minimise risks
  • How to disentangle situations involving performance, misconduct and redundancy 
  • Refusal to cooperate with investigations and formal processes (or just bunking off sick) 
  • Internet misuse - how bad does that Facebook post have to be? 
  • 'Off the record' conversations - when are they really off the record, and how far can you go?

Rachel Burt, Senior Associate, Kensington Swan
With over a decade of specialist employment law experience, Rachel has practised in both New Zealand and the UK and enjoyed working with a broad variety of clients across the business spectrum. Rachel is experienced in the full range of employment law issues including business restructuring, health and safety in employment, collective bargaining, negotiation and enforcement of employment agreements, restraints of trade, protection of confidential information, company policies and procedures, and disciplinary and termination procedures. In addition to being an advisor and advocate, Rachel is also a qualified mediator and facilitator. She is a strong supporter of the benefits of early intervention and pragmatic resolution of conflict in workplace disputes. She has participated in numerous successful mediations and appreciates the need to balance legal and commercial interests. Rachel has also appeared as legal counsel in the Employment Relations Authority and in the Employment Court. Rachel is a member of Kensington Swan’s specialist national workplace health and safety unit which provides advice on compliance, workplace management and gives support and counsel through incident investigation and prosecution.

Sponsors

Interested in sponsorship?

There are some exclusive opportunities to promote your company, and its products and services, at this leading event. Contact the sponsorship team below to request a prospectus or discuss the options, or view more about event sponsorship.

Major Sponsors