Agenda

There have been several amendments to employment law over the past year, with anticipated changes post-election. This session will discuss the recent and upcoming changes to employment law in 2024 and beyond that will affect employer obligations.

• Revisions to the Holidays Act and leave entitlements
• Introduction of the Worker Protection (Migrant and Other Employees) Bill and The Crimes (Theft by Employer) Amendment Bill 
• What employment law changes can we expect post-election? 
• Update on Fair Pay Agreements

The rise in flexible work arrangements has led to increasing challenges in defining the employee-contractor distinction. This session will provide guidance on mitigating risks when engaging with independent contractors, and on determining the true nature of a working relationship.  

• Understanding the key factors that define an employment vs contractor relationship
• Lessons from Arachchige v Rasier New Zealand Ltd & Uber BV [2020], E Tū Incorporated v Rasier Operations BV [2022] and Collaine v Kiril Ltd [2023]
• What are the wider implications of recent court decisions for the gig economy? 
• Potential changes the Act Party is proposing for the Employment Relations Act

Personal grievance claims can be costly for employers and continue to increase significantly in costs. How can employers put policies and processes in place to manage personal grievance cases? This session will examine the latest trends in employment disputes, provide tips to minimise legal risks and discuss strategies to manage claims. 

• Updates to the law on personal grievances relating to sexual harassment
• Lessons from Wilson-Grange Investments v Guerra [2023], FGH v RST [2023] and Henry v South Waikato Achievement Trust [2023] 
• What trends are we seeing across recent employment disputes and ERA decisions?

As companies continue to operate in hybrid environments, how are employer obligations evolving to manage the health and safety of remote workers? How are employers managing the prevalence of mental health challenges?

• Managing the mental and physical risks of remote workers 
• Identifying psychosocial risks in the workplace for a preventative approach to wellbeing
• Outlining the key changes in the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 

In advance of the introduction of legislation into New Zealand on gender pay gap reporting, this session will discuss the potential implications of a mandatory reporting system, and the obligations of employers, drawing on experiences of compulsory pay gap reporting across the world.

• Paths taken to implementation
• Legal sanctions for non-compliance
• External publishing of reports
• Requirements for reducing identified gender pay gaps

There’s been a significant uptake in the use of generative AI in the workplace across organisations. As ChatGPT and other AI tools continue to gain traction, what are the potential legal implications of AI use at work? This session will examine the role of HR in mitigating risk, and how AI integration can affect employer obligations. 

• Identifying key legal risks for businesses
• Creating clear policies and guidelines on the use of AI for work
• Looking ahead – can we expect AI-specific legislation in the future?

Despite careful planning, disciplinary action rarely runs smoothly. This session will discuss the most common challenges and curveballs that employers face when managing poor employee performance.

• How to navigate curveballs in the disciplinary process
• Addressing delay tactics by employees during the disciplinary process
• Tips to avoid further complication and delay of procedures
• Guidance on dealing with combative employees

One of New Zealand’s most prominent lawyers discusses the key takeaways from the most influential cases of the last 12 months.

• How have judges been ruling on termination cases?
• Lessons from the recent Employment Court decisions in New Zealand Steel Ltd v Haddad [2023], Rock v DJ Investments 2019 Ltd [2023] and GF v Comptroller of Customs [2023]
• Trends in employee compensation rulings

In this interactive session, delegates will have the opportunity to ask the speaker questions relating to various employment law concerns.