The employee v contractor question remains a major issue before our courts, and now legislative change is proposed to provide greater certainty for businesses and workers in independent contractor arrangements. This session will discuss:

• The current legislative test and the latest direction from the courts, including the Court of Appeal’s Uber judgment

• The proposed gateway test to define whether workers are contractors

• What next and practical considerations

Scott Worthy, Partner, Kiely Thompson Caisley (AKL)/ Hannah King, Senior Associate, Kiely Thompson Caisley (CHC)

Performance management: best practice, challenges & pitfalls

Navigating performance management issues can be challenging for both employers and employees. This session will provide guidance on:

• Informal tools to manage performance throughout the relationship

• Performance management processes – ideal vs practical

• Intersection between performance and other issues (illness; misconduct)

• Latest case law and decisions on performance issues

Kylie Dunn, Partner, Smith Dunn

The investigation process can be complex, time consuming and may lead to significant legal and financial consequences if the process goes wrong. This session will unravel the complexities of workplace investigations so that you are best placed conduct or manage an investigation. Topics covered will include:

• Planning and preparing for the investigation

• Overview of investigation process

• Finalising the investigation and next steps

• Tips to avoid common pitfalls

India Townsend, Senior Associate, Simpson Grierson

Bullying, harassment and incivility are serious workplace risks which occur all too often and which, under the HSW Act, organisations are expected to manage like other work risks. This session will explore:

• What it is and its impacts

• Policies and procedures – what good looks like

• Health and Safety and HR – roles and responsibilities

• Recent case law

Samantha Turner, Barrister, Stout Street Chambers

Workplace change can be both unsettling and challenging for all affected parties. Communication and good faith are key to ensuring the process is fair, reasonable and legally compliant. This session will discuss the latest case law from the courts and the ERA to guide best practice.

Marie Wisker, Partner, Chapman Tripp

If an employment relationship breaks down negotiating an agreed exit may provide a good resolution for both parties. This session discusses how to set up and engage in negotiations on a without prejudice basis while also mitigating personal grievances risks. 

Megan Richards, Partner, MinterEllisonRuddWatts

Using mediation effectively

Mediation is the primary employment dispute resolution process in the Employment Relations Act and is usually required before matters are determined by the Employment Relations Authority or the Employment Court. Being able to use mediation effectively requires a blend of skills and experience. This session will provide insights, from a mediator’s perspective, on what works well along with common mistakes or lost opportunities in the mediation process.

Mike Feely, Mediator and Principal, Professional Dispute Resolution Services Limited

The definition of what constitutes a work communication v private communication is being tested more and more. This session will provide a timely review of workplace policies regarding privacy of communications to ensure they are clear in light of recent cases.

Anne Wilson, Partner, Anthony Harper