10 th Employment Law Conference

13 CPD HRS CONFERENCE 10 th Employment Law Conference 13-14 OCTOBER 2014 w w w. l a w y e r s e d u c a t i o n. c o. n z

From the Chair It is my pleasure to extend a warm invitation to you to register for the 10 th NZLS CLE Employment Law Conference. The Employment Law Conference is held every two years and invariably attracts a large, and diverse, audience. It has a well deserved reputation for the quality of the papers that are produced and the presentations that are given. The 2014 Conference promises to be no exception. A range of topical issues will be covered, including developments relating to redundancy, health and safety, human rights in employment law, the blurred lines between work and private life, and effective advocacy. There will be a range of plenary and breakout sessions, giving participants an opportunity to attend presentations that are of particular relevance to their work. The keynote presentation will be a highlight, with Professor Margaret Wilson sharing her thoughts on the Employment Relations Act 2000 14 years on, and the extent to which her original vision for this cornerstone legislation has translated into reality. The conference is an opportunity to learn about new developments in the law and practice, to hear from leading employment law practitioners, members of the judiciary, the Employment Relations Authority and mediators, to participate in lively discussion and debate, and to mix with others working in this dynamic and challenging area of the law. I hope to see you in Auckland in October. Her Hon Judge Christina Inglis Employment Court Auckland CONTENTS 1 Programme at a glance 2 The programme 5 Chair and keynote speakers 6 Speakers 12 Information 13 Registration 2

Programme at a glance MONDAY 13 OCTOBER 8.30 9.00 REGISTRATION 9.00 9.05 OPENING Chair: Her Hon Judge Inglis 9.05 9.35 KEYNOTE ADDRESS Employment Relations Act 15 years on Prof Margaret Wilson 9.35 10.35 PLENARY Redundancy Section 103A, Good Faith and the Legal Advice we give Don Mackinnon and Philip Skelton QC 10.35 11.00 MORNING TEA 11.00 12.15 PLENARY Effective Advocacy tips and tricks on how to be more effective The Hon Justice French, Her Hon Judge Inglis, Robin Arthur and Annabel Shaw 12.15 1.05 BREAKOUT SESSION 1: A, B OR C 1.05 1.55 LUNCH A Collective Bargaining and Union Access Greg Lloyd and Richard McIlraith B Where do I go? Who do I turn to? Jurisdictional confusion between the ERA, Employment Court and High Court in employer claims Emma Butcher and John Hannan C Employment Investigations how to use forensic expertise Janet Copeland and Campbell McKenzie 1.55 2.55 PLENARY Employment Law and Human Rights a crucial interface Dr Andrew Butler and Dr Rodney Harrison QC 2.55 3.45 BREAKOUT SESSION 2: A, B OR C 3.45 4.00 AFTERNOON TEA A Ethics lawyers, lay advocates and self-represented Stuart Webster and Peter Zwart B Impaired Employees Dr Leo Schep and Andrew Schirnack C How to Train Your Corporate Lawyer six things to know before signing off on a business sale and purchase Kathryn Dalziel and Anthony Drake 4.00 5.00 PLENARY Restraints of Trade an update Peter Chemis and Gillian Service 6.00 7.30 BELL GULLY PRE-DINNER DRINKS AND CANAPES 7.30 12.00 DINNER AND DANCE TUESDAY 14 OCTOBER 9.00 9.05 WELCOME BACK Chair: Her Hon Judge Inglis 9.05 10.35 KEYNOTE ADDRESS Health and Safety high level policy and the nuts and bolts of the reform bill His Hon Judge Corkill, John Fisk and Jessica Fletcher 10.35 11.00 MORNING TEA 11.00 12.00 PLENARY Costs is there a better way? Peter Churchman QC and Simon Mitchell 12.00 1.00 BREAKOUT SESSION 3: A, B OR C 1.00 1.50 LUNCH A Health and Safety what you do when a client phones ( and you can hear the saw still running ) Michael Hargreaves and Brian Nathan B Getting your Evidence Right Michael Quigg and Mary-Jane Thomas C Crunchy Contractual Issues Susan Hornsby-Geluk and Andrea Twaddle 1.50 2.40 PLENARY Remedies Kathryn Beck and Hamish Kynaston 2.40 3.30 PLENARY Blurred Lines the blurred lines between an employee s work and private life Tim Cleary and Phillipa Muir 3.30 3.40 LEG STRETCH 3.40 4.55 PLENARY The Workplace of the Future a panel discussion Tim Bentley, Michael O Brien and Union Representative 4.55 5.00 CONFERENCE CLOSE Chair: Her Hon Judge Inglis 1

Programme An interesting cross section of the cover picture should be placed here MONDAY 13 OCTOBER 2 8.30 9.00 REGISTRATION 9.00 9.05 OPENING Chair: Her Hon Judge Inglis 9.05 9.35 KEYNOTE ADDRESS Employment Relations Act 15 years on Prof Margaret Wilson Professor Wilson will reflect on the employment relations legislation over the last 15 years. 9.35 10.35 PLENARY Redundancy Section 103A, Good Faith and the Legal Advice we give Don Mackinnon and Philip Skelton QC 10.35 11.00 MORNING TEA The presenters will look at the way redundancies are often progressed from initial concept to actual implementation, the role of the lawyer/legal advisor in helping shape a client s decision, whether that approach should change in light of several important recent Court decisions involving good faith and s 103A, and also how do deal with disclosure of information. 11.00 12.15 PLENARY Effective Advocacy tips and tricks on how to be more effective The Hon Justice French, Her Hon Judge Inglis, Robin Arthur and Annabel Shaw This very practical session will cover effective advocacy through the litigation lifecycle. A Mediator, Authority member and Judges of the Employment Court and Court of Appeal will give their perspective on what works well, and not so well. The session will focus on the changing demands in each forum, the need for adaptability and an understanding of what is required of you as an advocate. 12.15 1.05 BREAKOUT SESSION 1: A, B OR C 1.05 1.55 LUNCH A Collective Bargaining and Union Access Greg Lloyd and Richard McIlraith Update on collective bargaining including: undermining of bargaining strikes and lockouts options for completion of bargaining Good faith bargaining issues Day-to-day issues arising in union access Collective bargaining and union access as human rights issues. B Where do I go? Who do I turn to? Jurisdictional confusion between the ERA, Employment Court and High Court in employer claims Emma Butcher and John Hannan The presenters will discuss the jurisdiction muddle between the ERA, High Court and Employment Court relating to venue, causes of action and relief for the unlawful actions of employees. They will analyse the law and provide a matrix for decision-making. C Employment Investigations how to use forensic expertise Janet Copeland and Campbell McKenzie In this session, attendees will gain a better understanding of how Forensic Technology experts can assist in substantiating allegations made against a business or employee, quickly and efficiently. Attendees will also learn how to navigate the legal and business processes that are mandated by these critical events. Presenters will cover: Key aspects of the Crimes Act 1961, the Employment Relations Act 2000, the Evidence Act (2006), the Privacy Act 2003, and the High Court Rules Practical guidelines to employment investigations Emerging Trends The Cloud, Social Media and BYOD (bring your own device). 1.55 2.55 PLENARY Employment Law and Human Rights a crucial interface Dr Andrew Butler and Dr Rodney Harrison QC

This session will focus on various key inter-relationships between employment law and human rights, including detailed discussion of: Employment law as public law Collective bargaining and freedom of association Employment law implications of the right to freedom of expression as between the parties to employment relationships Discrimination in employment The right to privacy in an employment law context. 2.55 3.45 BREAKOUT SESSION 2: A, B OR C 3.45 4.00 AFTERNOON TEA A Ethics lawyers, lay advocates and self-represented Stuart Webster and Peter Zwart Employment practitioners who hold a practising certificate have an over-arching obligation as officers of the court. This session takes a close look at the distinction between practitioners, lay advocates and the self-represented in terms of their approach to the employment institutions and to each other, their sometimes idiosyncratic methodology in resolving employment relationship problems and some of the coping strategies where these come into conflict. B Impaired Employees Dr Leo Schep and Andrew Schirnack The short and long terms effects of synthetic cannabinoids, addiction and withdrawal and the challenges these cause in the workplace will be discussed. The presenters will also look at the quality of testing and the rehab programmes available. C How to Train Your Corporate Lawyer six things to know before signing off a business sale and purchase Kathryn Dalziel and Anthony Drake In dealing with agreements for sale and purchase of a business, commercial lawyers often need to speak with employment lawyers for advice on what to do about existing employees. Regardless of whether or not the commercial lawyer acts for the vendor or the purchaser, there are legal issues in respect of staff on both sides of the transaction which need to be understood. This paper and session provides a practical checklist of the issues and the law. In this session we will cover: Negotiating employee clauses in agreements for sale and purchase of a business The difference between sale of shareholding and sale of assets Making staff redundant: consequences including impact on sale of the business as a going concern and duty of consultation Transfer to new employer: technical redundancy, terms of new employment and accrued entitlements Employee protection Good employer obligations during transaction. 4.00 5.00 PLENARY Restraints of Trade an update Peter Chemis and Gillian Service A session to provide a sound grounding of the basics of restraints of trade. 6.00 7.30 BELL GULLY PRE-DINNER DRINKS AND CANAPES 7.30 12.00 DINNER AND DANCE TUESDAY 14 OCTOBER 9.00 9.05 WELCOME BACK Chair: Her Hon Judge Inglis 9.05 10.35 KEYNOTE ADDRESS Health and Safety high level policy and the nuts and bolts of the reform bill His Hon Judge Corkill, John Fisk and Jessica Fletcher Significant reforms lie ahead which are intended to bring a major cultural shift to all workplaces. This session will explore the lessons learned from the Pike River Tragedy, and will provide an overview of 3

10.35 11.00 MORNING TEA the policy of intended legislation and its details from an employment law perspective and how similar reforms have impacted on workplaces in Australia. 11.00 12.00 PLENARY Costs is there a better way? Peter Churchman QC and Simon Mitchell In many cases, what happens with costs in an employment case can be as significant as the substantive decision. There have been a number of recent developments in this area, some of which are controversial. This session will look at the approaches taken by the Authority and Court to issues such as Calderbank offers, the reasonableness of Counsel s costs and the use of High Court scale costs. It will also cover issues such as security for costs, applications for a stay of a costs award, payment of costs as a condition for leave to appeal, the ethical obligations of Counsel in relation to costs and costs on interlocutory issues. 12.00 1.00 BREAKOUT SESSION 3: A, B OR C 1.00 1.50 LUNCH A Health and Safety what you do when a client phones ( and you can hear the saw still running ) Michael Hargreaves and Brian Nathan Aimed at general and junior practitioners who don t deal with health and safety issues on a regular basis, this session will walk you through the process from accident to sentencing from a prosecution and defence perspective. B Getting your Evidence Right Michael Quigg and Mary-Jane Thomas In this session the presenters will cover: Drafting your claim Briefs of evidence that support your claim Use of experts and related issues Establishing breach Proving loss. C Crunchy Contractual Issues Susan Hornsby-Geluk and Andrea Twaddle Andrea and Susan will explore the legal principles and provide practical advice on difficult contractual issues including trial and probationary periods; sleepovers and what constitutes work ; volunteers and interns; and the unique employment arrangements relating to farmers and seamen. 1.50 2.40 PLENARY Remedies Kathryn Beck and Hamish Kynaston The presenters will discuss the latest issues, case law, developments and trends. 2.40 3.30 PLENARY Blurred Lines the blurred lines between an employee s work and private life Tim Cleary and Phillipa Muir 3.30 3.40 LEG STRETCH By looking at recent developments and core principles, Phillipa and Tim will discuss how an employee s out-of-work conduct can/does impact on their employment situation. 3.40 4.55 PLENARY The Workplace of the Future a panel discussion Tim Bentley, Michael O Brien and Union Representative An academic, practitioner and union representative will present their views on the workplace of the future, and what hotspots it might create for employment law. 4.55 5.00 CONFERENCE CLOSE Chair: Her Hon Judge Inglis 4 LEARNING OBJECTIVES You will be: Updated on topical issues, legislation and case law. Able to apply this knowledge in your practice.

Chair Her Hon Judge Inglis, Employment Court, Auckland Judge Christina Inglis was sworn in as an Employment Court Judge in September 2011. Prior to that time she was a District Court Judge, sitting in South Auckland. She holds an LLM(Hons) from Victoria University and an MA(Hons) from Canterbury University. She was a Crown Counsel at Crown Law for many years, with a primary focus on civil litigation, public law and employment law. Most recently she led the Human Rights Team at Crown Law. While in practice she appeared in most Courts and tribunals. She is currently on the Advisory Board of the New Zealand Centre for Human Rights Law, Policy and Practice. Keynote speakers His Hon Judge Corkill, Employment Court, Wellington Judge Bruce Corkill was appointed a Judge of the Employment Court in April 2014. He has a strong interest in health and safety issues. When in practice he was involved in numerous OSH cases, personal injury and ACC issues, and Coronial hearings. As Chair of the Health Practitioners Disciplinary Tribunal Judge Corkill regularly considered health and safety issues in a health context. John Fisk, Partner, PwC, Wellington John is a Chartered Accountant with 25 years experience in restructuring and forensic assignments. In 2010 he was appointed Receiver of Pike River Coal and continues to have an interest in the practical implications of health and safety legislation following that experience. Jessica Fletcher, Special Counsel, Employment, Hall & Wilcox, Melbourne Jessica is an experienced and passionate employment and work health safety lawyer practising in Australia. She advises clients in a broad range of industries on a full range of employment, workplace relations and work health and safety matters. Prof Margaret Wilson, DCNZM, Professor of Law and Public Policy, University of Waikato, Hamilton A former Member of Parliament 1999 2008, Margaret has held several Ministerial appointments including Attorney-General, Minister of Labour and Minister Responsible for Treaty of Waitangi Negotiations. Former Speaker New Zealand Parliament 2005 2008. Positions held include that of Director of the Reserve Bank, Law Commissioner, Foundation Dean, Waikato Law School, President of the New Zealand Labour Party. 5

Speakers Robin Arthur, Employment Relations Authority, Auckland Robin was appointed as a member of the Employment Relations Authority in 2005. Before then he had worked as a journalist, as a union advocate, and as a litigation solicitor at Bell Gully specialising in employment and insurance law. Robin is a graduate of Canterbury and Auckland universities. Kathryn Beck, Swarbrick Beck Mackinnon, Auckland Kathryn is a partner at Swarbrick Beck Mackinnon and a Vice President of the New Zealand Law Society. She has extensive experience in all areas of employment law and industrial relations. She has represented clients in many leading cases and is also frequently called upon as an independent investigator, mediator or facilitator. Kathryn has been convener of the NZLS Employment Law Committee, a member of the ADLS Employment Law Committees, and is a regular invited speaker at ADLS, NZLS and private conferences on contemporary employment law developments. Professor Tim Bentley, AUT, Auckland Tim is the Director of the AUT University Future of Work Programme and the NZ Work Research Institute. He joined AUT in June 2012, moving from Massey University where he was Director of the Healthy Work Group, Chair of the College of Business Research Strategy Group and PBRF Champion. Prior to Massey, Tim was Director of the Centre for Human Factors and Ergonomics (COHFE), situated within Forest (Scion) Research. His major research interest is concerned with the role of organisational issues in occupational health, safety and wellbeing. He has led projects across a broad range of topics within this scope, including tourism safety and wellbeing, organisational health and safety culture, stress and workplace bullying, and workplace violence. Emma Butcher, LangtonHudsonButcher Lawyers, Auckland Emma joined the partnership of specialist employment firm LangtonHudsonButcher in 2007, following four years as partner in the employment team of a leading national firm. Emma acts for employers in contentious matters and regularly appears in the relevant jurisdictions. Dr Andrew Butler, Russell McVeagh, Wellington Andrew is a litigation partner at Russell McVeagh, Wellington. He has extensive trial and appellate advocacy experience in the New Zealand bill of rights, including as crown counsel prior to joining Russell McVeagh. He is co author of the New Zealand Bill of Rights Act: A Commentary (2006). 6

Speakers Peter Chemis, Buddle Findlay, Wellington Peter heads Buddle Findlay s national employment law team and advises a wide range of clients in both the public and private sectors. He is also chair of Buddle Findlay s Board and has chaired numerous Government advisory groups on employment law issues. Peter Churchman QC, Barrister, Wellington Peter is a Wellington based barrister who specialises in employment law. He has taught and written extensively on employment law topics. He is the co-author of Brooker s Personal Grievances. Peter is a former convener of the NZLS Employment Law Committee. Tim Cleary, Barrister, Wellington Tim is a barrister practising mainly in employment law, health and safety, and civil litigation. He is based at Terrace Chambers. Janet Copeland, Janet Copeland Law, Invercargill Janet was admitted to the bar in 1992 and her practice has a wide variety of clients predominately employers but many employees and a Union too. She does a large amount of collective bargaining, workplace restructuring, discipline and performance management as well as appearing in the Authority and, on occasion, the Court. Kathryn Dalziel, Taylor Shaw, Christchurch Kathryn is a partner at Taylor Shaw specialising in employment and privacy law as well as civil litigation and professional ethics. In her 25 year career, she has also worked as a senior Crown prosecutor as well as a lecturer in employment law, privacy and legal ethics at the University of Canterbury. Kathryn regularly presents seminars on behalf of the Office of the Privacy Commissioner, is the author of Privacy in Schools and co-authored the chapter on Health Information in Health Care and the Law (4th ed). Anthony Drake, Kensington Swan, Auckland Acknowledged as a leader in his field, Anthony advises some of New Zealand s largest organisations across the full suite of employment related issues. His success in mediations, disputes, restructuring, and complex strategies and his drive to be at the forefront of employment law, has led to his recognition in international rankings and as a keynote presenter at top industry conferences. Ranked by Chambers and Partners as a leading individual in NZ employment law, Anthony was praised for his professionalism and thorough understanding of client needs Chambers & Partners 2010. 7

Speakers The Hon Justice French, Court of Appeal, Wellington A former Rhodes Scholar, Justice French practised in the legal firm of French Burt Partners in Invercargill, specialising in employment law. She has been a member of various Law Society committees. Justice French was appointed a High Court Judge in 2008 and then to the Court of Appeal in 2012. This year she was awarded an honorary Doctorate of Laws by Otago University. John Hannan, DLA Phillips Fox, Auckland John specialises in employment law, education law and commercial litigation. John has appeared in leading employment law cases in the Employment Court and Court of Appeal. He has handled many claims seeking orders to restrain wrongful taking of property or information/ IP, and interference with client/customer/supplier relationships. He leads the DLA Phillips Fox employment law team. Michael Hargreaves, Chief Legal Adviser, Legal Services, Worksafe, Wellington Mike joined the Department of Labour s legal team in 2002 as a solicitor, becoming a senior solicitor in 2006. In these roles, he prosecuted many cases under the Health and Safety in Employment Act, including the Sir Edmund Hillary Outdoor Pursuits Centre following the Mangatepopo canyoning tragedy in 2008. Mike became the Director Litigation for the Department of Labour in 2009. He was previously in private practice in Taranaki, undertaking criminal, family and civil litigation. Dr Rodney Harrison QC, Barrister, Auckland Rodney took silk in 1994. He has taken many leading public law and human rights cases, including Treaty litigation; same-sex marriage rights; NZBORA remedies for police wrongdoing; free speech guarantees; the search and entry powers of the Police, SFO and NZSIS; refugee detentions post 9/11; the Ahmed Zaoui case; and criminal legal aid fixed fees. Susan Hornsby-Geluk, Dundas Street, Wellington Susan is a specialist employment lawyer. She acts mainly for employers across all facets of employment law but also has particular experience in advising and acting as an advocate in industrial negotiations. Susan is often sought out to advise on complex/high profile matters and is known for her pragmatic and strategic approach to implementing business solutions. She leads the specialist employment law firm, Dundas Street. Hamish Kynaston, Buddle Findlay, Wellington Hamish is a partner in Buddle Findlay s civil litigation and employment law teams. Much of Hamish s work is in the central government, health, education, energy, finance and sports sectors. He acts for both employers and employees, and has particular expertise in industrial relations, the management of relationship issues and dispute resolution. 8

Speakers Greg Lloyd, General Counsel NZ Amalgamated Engineering Printing & Manufacturing Union Inc, Wellington Greg has been a practicing lawyer for 15 years, primarily working for trade unions. He has been general counsel for the EPMU for the past five years and represents the union and its members in a wide range of employment disputes. Don Mackinnon, Swarbrick Beck Mackinnon, Auckland Don has over 25 years experience in employment law and industrial relations in both New Zealand and the United Kingdom. He has acted in numerous leading employment law cases and has coauthored various texts in employment and sports law and also acts for a number of major sporting bodies. Don is a director of New Zealand Cricket. Richard McIlraith, Russell McVeagh, Auckland Richard has been a partner at Russell McVeagh in Auckland since 1995. He heads the firm s employment law practice group and works primarily in the employment law area. Campbell McKenzie, Director of Forensic Services, PwC, Auckland Campbell manages the firm s Forensic Technology Solutions in New Zealand. The team provide electronic investigation, cybercrime response and e-discovery services. He has been recognised in the NZ courts as a forensic computing expert and is also a Certified Forensic Computer Examiner (CFCE) and EnCase Certified Examiner (EnCE). Previously Campbell was employed by the New Zealand Police as an Electronic Crime Forensic Analyst. Simon Mitchell, Barrister, Auckland Simon is a barrister based in Auckland. He specialises in acting for unions and employees with a special interest in bargaining issues. Phillipa Muir, Simpson Grierson, Auckland Phillipa heads her firm s national employment law group. She is a co-author of Brooker s Employment Law and The Guide to Recruitment and Termination. 9

Speakers Brian Nathan, Duncan Cotterill, Nelson Brian was admitted in 1991 and has been a partner in Duncan Cotterill s national litigation team since October 2011. Previously, he was a partner in White Fox & Jones in Christchurch since 2002. Brian focuses on general civil litigation, employment law, and health and safety defence work. Michael O Brien, Kensington Swan, Auckland Described in this year s Chambers & Partners International Legal Rankings, as tenacious and technically very able, Michael is a partner in Kensington Swan s national employment practice. Michael is also a regular guest lecturer at Auckland University Law School, presenting on the employment implications of mergers and acquisitions. Michael Quigg, Quigg Partners, Wellington Michael has worked in New Zealand employment law for more than 20 years. He has a special interest in board/ceo and governance issues. Dr Leo Schep, National Poisons Centre, University of Otago, Dunedin Dr Schep (toxicologist) has worked at the National Poisons Centre for over 14 years. In addition to his regular employment, he also is actively involved in education and clinical research on synthetic cannabinoids; he provides reports and advice on these drugs to Central Government, the military, police, hospitals (particularly Emergency Departments) and other health care providers and schools. Andrew Schirnack, LangtonHudsonButcher, Auckland Andrew is a partner at LangtonHudsonButcher. He has experience over a broad range of employment law issues, acting for clients in employment-related disputes at all levels, from mediation to Court of Appeal level. Andrew also acts in an advisory capacity for clients across a range of sectors, including the New Zealand Drug Detection Agency and its clients. Gillian Service, Senior Associate, Russell McVeagh, Auckland Gillian has 15 years employment law experience. She specialises in all types of employment law and appears for clients in all levels of the court system. Gillian practice includes advising on restructuring programmes, negotiating executive severance, restraints of trade, personal grievances and confidential information issues. She also assists clients with drafting employment agreements, work place policies and confidentiality agreements, and advises employers on the Privacy Act, Holidays Act, Human Rights Act, and Health and Safety issues. 10

Speakers Annabel Shaw, Resolution Services, Market Services, MBIE, Wellington Annabel was appointed as a mediator in 2007. She is a member of LEADR s advanced panel of mediators and accredited to Australian National Mediator Standards. Annabel is on the Board of the international mediation professional body, LEADR. Philip Skelton QC, Barrister, Auckland Philip is a barrister at Bankside Chambers with over 20 years experience in employment law and civil litigation. He is a former convenor of the ADLS Employment Law Committee and a regular presenter at NZLS and ADLS conferences. Mary-Jane Thomas, Preston Russell Law, Invercargill Mary-Jane was appointed Southland Crown Solicitor in 2005 after a career that encompassed a four year stint at the Crown Law Office. A partner at Preston Russell Law in Invercargill from 1995-96 and again from 2002, she heads both the criminal and employment law teams at the firm. Andrea Twaddle, Director, Davidson Twaddle Isaac Lawyers, Hamilton Andrea is an employment law specialist and represents both employer and employee clients. Andrea has a reputation for providing pragmatic, commercially focused advice. Her advisory and advocacy work includes resolving workplace disputes, restructuring, disciplinary investigations, breaches of confidentiality and restraints of trade, tailoring contractual and policy documentation, and managing health and safety matters. Stuart Webster, Sainsbury Logan & Williams, Napier Stuart is a partner in Sainsbury Logan & Williams and specialises in employment law. He acts for a number of institutional clients in both the public and private sectors providing advice and advocacy on a wide range of employment and health and safety issues. Peter Zwart, Director of McPhail Gibson & Zwart Ltd, Christchurch Peter has been a Director of McPhail Gibson & Zwart Ltd since it s foundation in 1995. McPhail Gibson & Zwart works solely in employment law and exclusively for employers. Legally qualified and admitted to the Bar in 1994, Peter has worked as an employer s advocate since 1987. 11

Information VENUE 13-14 October 2014 The Langham Hotel, 83 Symonds Street, Grafton, Auckland PRE-DINNER DRINKS AND CANAPES Bell Gully Pre-Dinner Function Bell Gully s employment law team extends an invitation to all conference speakers and attendees to join the Employment Court Judges, members of the Employment Authority and mediators for a pre-dinner drinks and canapes function. When: Where: 6.00pm, Monday 13 October The Langham Hotel 83 Symonds Street Grafton, Auckland This will be a great opportunity for attendees to meet their colleagues and other key people in the employment law field. FEE (INCL GST) The registration fee includes extensive materials, morning and afternoon teas and lunches on both days, and dinner on the evening of day one. Materials are available when you register at the conference. EARLYBIRD RATE By 12 September After 12 September NZLS member $1175 NZLS member $1225 Non-member $1375 Non-member $1425 Please note: NZLS members include NZLS Associate members CONFERENCE DINNER AND DANCE Let your hair down after a fantastic day of discussion and debate! This year s dinner and dance will offer a great night of camaraderie and conviviality with the sublime Leza Corban and UNION. The perfect end to a great day! Bring a guest to dinner If you wish to bring a guest to the dinner the cost is $140. Please register your guest on the registration form. ACCOMMODATION Accommodation at special conference rates has been reserved for conference participants at the following hotels. The Langham Hotel Classic room $230 incl gst 83 Symonds Street Scenic Hotel Auckland Standard room 380 Queen Street $161 incl gst To secure accommodation at these rates and make your travel arrangements, contact Louise Living, Travel Managers, email louise.living@travelmanagers.co.nz, telephone 04 978 2328. Leza Corban and UNION CANCELLATION AND REFUND POLICY Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel the conference if it does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $200 administration fee. After the closing date, there will be no refund. You may transfer your registration until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. 12

CONFERENCE REGISTRATION: Online registration and payment can be made at www.lawyerseducation.co.nz Employment Law Conference AUCKLAND 13-14 OCTOBER 2014 PLEASE REGISTER ME LAST NAME FIRST NAME TITLE(PLEASE PRINT) NAME FOR NAME TAG FIRM/ORGANISATION PO BOX DX TOWN/CITY PHONE EMAIL FAX BREAKOUT SESSION CHOICES Please indicate by ticking boxes below which sessions you wish to attend. Choose one session only per time slot. Monday 13 October Breakout Session 1: 12.15 1.05pm A - Collective Bargaining and Union Access B - Where do I go? Who do I turn to? C - Employee Investigations Monday 13 October Breakout Session 2: 2.55 3.45pm A - Ethics lawyers, lay advocates and self-represented B - Impaired Employees C - How to Train your Corporate Lawyer FEE (INCL GST) Registrations will not be actioned until payment is received. The registration fee includes extensive materials, morning and afternoon teas and lunches on both days, and dinner on the evening of day one. You may bring a guest/s to the conference dinner. Please note: NZLS members includes NZLS Associate members Earlybird rate By 12 Sept Or After 12 Sept NZLS member $1175 $1225 Non-member $1375 $1425 Guest/s dinner @ $140 = $ NAME OF GUEST NAME OF GUEST PAYMENT $ Total amount due: $ I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account MASTERCARD VISA AMEX CARD NUMBER Tuesday 14 October Breakout Session 3: 12.00 1.00pm EXPIRY DATE CARD SECURITY CODE A - Health and Safety what you do when a client phones B - Getting your Evidence Right C - Crunchy Contractual Issues IMPORTANT NOTE Due to limited numbers, up until the EARLYBIRD cut off date, priority registration will be given to NZLS members. After that time registrations by non-nzls members will be accepted. Non-NZLS members who wish to benefit from the EARLY- BIRD rate should, however, still send in their registration form by the EARLYBIRD cut-off date. NAME ON CARD SEND TO:NZLS CLE Ltd, PO Box 5041, Wellington 6145 DX SP20202 or Fax 04 463 2986 SIGNATURE OF CARDHOLDER INQUIRIES:0800 333 111 or cle@lawyerseducation.co.nz SPECIAL DIETARY NEEDS CANCELLATION AND REFUND POLICY If you cancel your registration 10 working days before the conference date a refund will be made, less an administration fee of $200 (incl GST). After this date there will be no individual refunds unless the conference is cancelled. Registrations are transferable to another person up until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. NZLS CLE Ltd reserves the right to cancel or reschedule this conference if necessary. PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. If you do not wish the sponsors to receive your contact details in order to send you related information, please indicate below. I do NOT wish the sponsors to receive my contact details. TO REGISTER AND PAY ONLINE OR VIEW THE CLE PROGRAMME AND PURCHASE BOOKLETS SEE www.lawyerseducation.co.nz