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10 - 11 March 2025 | JW Marriott, Auckland

+ virtual option available

Industrial & Employment Relations Summit
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Exploring the evolving landscape of industrial and employment relations through
critical discussions and legislative updates.

Attend virtually or in-person

Join us for the 39th Annual Industrial & Employment Relations (IER) Summit where industry leaders, and legal experts will converge to explore the latest developments in employment relations in New Zealand. This two-day event features insightful discussions, case law analysis, and practical workshops on critical topics such as employment law updates, workplace safety, employee rights, and the evolving role of technology in the workplace. Don’t miss this opportunity to gain valuable insights and network with fellow professionals in the field.

Hottest topics at IER

Contractor vs Employee​

Understand the gateway test for businesses to utilise when deciding whether a person is an employee or a contractor. 

Updating the Holidays Act 2003

Round up what is known about the pending changes and their impact on HR, IR and Payroll functions. 

Managing the investigation process and serious misconduct

Develop a robust procedure

Preparing for mediation

Outline expectations, evaluations and effective communication

Restructuring and redeployments

Delve into the baseline for a lawful restructuring and legal positions and practicalities for redeployment 

Social media boundaries

Navigate professional conduct and employer expectations

Why should you attend?

  • Understand the current legislative landscape on hot topics including workplace health and safety, contractor arrangements, restructures and redeployments, and more

 

  • Uncover the developments from the latest case law and what this means for employee relations in Aotearoa New Zealand

 

  • Develop and deepen your understanding of the future and current industrial and employment landscape

 

  • Network with HR and ER professionals and practitioners, build connections and foster ideas

Who should attend?

  • Chief People Officers  
  • Chief People Officers
  • HR Partners
  • HR Managers
  • Industrial and Employment Relations Leads
  • Employee Relations Managers
  • Employee Relations Specialists

 

+ anyone who is interested in understanding the scope of the legislative landscape and how it relates to New Zealand business

Take your knowledge to the next level – Practical application

3 separately bookable workshops

half day

Conducting successful investigations

12 March 2025 | 9.00 AM – 12.30 PM 

half day

Navigating disciplinary actions: Best practices, key considerations and your obligations under the Employment Relations Act 2020

12 March 2025 | 1.00 PM – 4.30 PM

full day

AI implications in an ER environment

12 March 2025 | 9.00 AM – 4.00 PM

Explore workshops

Venue

The location and how you can get there

Address

JW Marriott Auckland
22-26 Albert Street, Auckland CBD, Auckland 1010

Agenda

Work In Progress…. We’re currently working on our 2025 agenda

Download the 2024 brochure to get a sneak peak of what might await you next year!

View 2024 agenda & speakers

8:50

Registration and Coffee

9:00

Welcoming remarks from from the Chair

9:10

Ministerial Address: Examining the direction of Employment Relations in New Zealand

Ministerial address is under invitation

9:40

An overview of the employment law (and adjacent legislative) landscape in New Zealand

  • Jurisdictional and cross-border employment issues in the global environment (i.e. NZ-based companies employing overseas domiciled workers on a blend of employment agreements and jurisdictions)

  • Judicial activism versus Parliamentary intent. i.e. Parliament has been critical of how the Employment Court has interpreted the Employment Relations Act 2000

  • The purpose sections of the Employment Relations Act 2000 and how they match up with current landscape

  • The growing use of AI and tech in the workplace

Anthony Drake, Partner, Wynn Williams

10:30


Morning break

11:00

Contractor vs Employee – examining status dispute legislation and case law

The government has announced amendments to the Employment Relations Act which includes a gateway test for businesses to utilise when deciding whether a person is an employee or a contractor. This session will delve into this legislation as well as what this means for businesses.

  • Examining Rasier Operations BV v E tū Inc [2024] and what this case means for businesses utilising contractors

  • Updates and insights into other ongoing status dispute cases and the impact the gateway test and amended legislation will have

  •  Unpacking the differentiation between an employee and a contractor under section 6

11:40

Return to the office vs Working from Home – The legalities and obligations of employers under the Employment Relations Act 2000


  • Identifying the contractual arrangements around remote working vs in the office vs flexible or hybrid working arrangements

  •   What are the limitations under the Employment Relations Act in regards to flexible work arrangements

  • How can you manage performance issues and disciplinary procedures in working from home or hybrid work environments?

  • Supporting collaborative and healthy working relationships

  • Differing perspective of the impact of WFH and hybrid working on productivity

Jim Roberts, Partner, Hesketh Henry

12:20

Lunch

13.10

Updating the Holidays Act 2003

An update of the Holidays Act 2003 has been pending for many years, however targeted reform will be examined in the last few months of 2024 and into 2025. This session will round up what we know about the pending changes as well as how these will impact HR, IR and Payroll functions across the motu. At the time of this agenda’s release limited information is available therefore this agenda item will be updated in due course.

13:40

Health and Safety legislative round up

  • Assessing the proposed changes to the health and safety regulatory system

  • What powers do health and safety regulators have and what trends have emerged from their recent enforcement actions?

  • Officer due diligence updates

  • Examining recent case law and its implications

Sanja Marin, Senior Associate, Duncan Cotterill

14:10

The Duty of “Good Faith” turns 25 years old – does it still reflect modern business relationships?

The ‘good faith’ principle between employers and employees underpins and pervades all legislation and relationships. In the past 12 months the definition of ‘good faith’ has been tested by case law in the employment court. This session will be examining:

  • Birthing Centre Ltd v. Matsas, [2023], Pyne v Invacare New Zealand Ltd [2023] and Wiles v Vice-Chancellor of the University of Auckland [2024] and what these cases mean for the definition of good faith

  • Does the ‘duty of good faith’ go far enough in NZ legislation?

  •  Examining the thresholds for breaches of good faith under the NZ legislative system

Gillian Service, Partner, MinterEllisonRuddWatts

14:40

Recognising and addressing workplace intimidation, harassment, and bullying

  • Implementing proper procedures for managing bullying as well as vexatious allegations

  • Understanding the importance of sensitivity toward challenging behaviours

  • Conducting effective investigations and successfully resolving complaints

  • What does the case law say?

Jennifer Mills, Director – Head of Practice, Jennifer Mills & Associates

15:10

Afternoon break

15:30

Developing robust procedures to manage the investigation process and serious misconduct

  • When and what to investigate

  • Understanding when to bring in an external investigator

  • The roles and processes involved with investigations

  • Effective interviewing and report writing

Alastair Espie, Partner, Duncan Cotterill

Erin Drew, Associate, Duncan Cotterill

16:00

Preparing for mediation – expectations, evaluations and effective communication

  • Understanding the mediation process and the role of the mediator in setting realistic outcomes and knowing the facts about the case

  • Different approaches to mediation and their flow on effects

  • The last hurdle – considerations for the Record of Settlement if an agreement is reached

Fiona McMillan, Partner, Lane Neave

16:30

Evaluating medical incapacity and medical leave in employment relationships

  • Navigating excessive sick-leave, long term sick-leave due to illness and injuries and other extended leave situations

  • Assessing threshold to terminate due to medical incapacity

  • Reviewing your requirements to make allowances for long term illnesses or injuries

  • What are the definitions of medical incapacity under the Employment Relations Act?

  • Relevant case law

Melissa Johnston, Partner, BE Employment Law

17:00

Your ACC obligations – are you set?

  • Do you have the right ACC ratings and are you paying the right premiums?

  • What happens when you dispute a work-related injury?

  • What is the interplay between long-term injury and termination for medical incapacity

  • Managing employees on ACC leave – what are your obligations to facilitate a return to work

  • Ability to sue outside of the ACC injury – ability to bring claims around personal grievances

Andrew Shaw, Managing Partner, Lane Neave

17:15

Summary remarks from the Chair & IER Networking Drinks

09:00

Welcome back from the Chair

9:05

The life of an Employment Relations Authority file

Nicola Craig, Member, Employment Relations Authority Te Ratonga Ahumana Taimahi

9:45

Examining the data from the Employment Courts and Employment Relations Authority

  • What are the trends around remedies and personal grievances

  • Examining success rates of different categories of filings

  • What are we looking at in terms of costs both for successful and unsuccessful cases

Michael Witt, Special Counsel, McVeagh Fleming

10:30

Morning break

11:00

Restructuring and redeployments

Organisations are increasingly facing pressures to streamline business units. This session examines the intricacies of restructuring and redeployment proposals

  • Substance and process – what’s the baseline for a lawful restructuring

  • Redeployment – legal position and practicalities

  • Recent case law – what are the courts saying about restructuring, redundancies and redeployment?

Kylie Dunn, Partner, Smith Dunn

11:30

Your obligations as an Employer under The Protected Disclosures Act 2022

The Protected Disclosures (Protection of Whistleblowers) Act 2022 has been in force for over two years now and its purpose has been to facilitate the disclosure of serious wrong-doing by an organisation and to protect the employees disclosing the information.

  • What does the law actually say? What is a protected disclosure vs a standard HR complaint?

  • Examining the practical side of the law – what do you need to know and how do you manage the process

  • Creating policies and processes to manage protected disclosures

  • Who should be involved? Assigning roles and responsibilities in relation to disclosures under the Act

  • Examining the case law surrounding the Act and what could happen in the future

Blair Scotland, Partner, Dundas Street Employment Lawyers

12:10

Lunch

13:10

Drugs and alcohol – policies, processes and the law

  • What can you do if you suspect an employee is under the influence?

  • Setting clear and practical policies – what do your drug and alcohol policies need to include

  • Ensuring your drug and alcohol policies are drafted in consultation with wider company policies

  • Examples and case law of these policies being tested

13:40

Navigating social media boundaries: Professional conduct and employer expectations

  • Differentiating between personal and professional use of social media

  • Analysing the risks of miscommunication through social media apps

  • Addressing the misuse of group chats as a tool for workplace bullying or harassment

  • Identifying when employees’ social media posts or comments can prompt employer action due to impact on the organisation

14:00

Restraints of trade: Are they worth it? Recent outcomes from the Employment Authority

  • Enforcing restraint of trade clauses in employment agreements

  • What should your restraint of trade clauses say to ensure they are enforceable?

  • What does the case law say?

Liz Coats, Partner, Bell Gully

14:30

Strikes and their role in the Employment Law framework

  • What constitutes a strike or industrial action and what doesn’t it include?

  • What do you need to know if your workforce is going on strike

  • Lessons from industrial action scenarios and understanding the role of strike action under NZ legislation

Peter Kiely ONZM, Partner, Kiely Thompson Caisley

15:00

Afternoon break

15:30

Current trends in collective bargaining

  • Understanding and utilising the legislative tools effectively during collective bargaining agreements

  • The importance of precise and clear drafting of collective agreements

  • Bargaining trends over the past year

  • Identifying potential pitfalls in the bargaining process, including the legal implications of strikes, industrial action, and employer responses

Rosemary Wooders, Partner, Bell Gully

16:00

AI and Employment Relations – the intersection of efficiency and technology

In New Zealand we currently lack specific AI legislation – therefore the onus is on employers to ensure appropriate use and to avoid breaches of the Privacy Act 2020 and other relevant legislation.

  • How is AI use influencing workplace behaviour?

  • The role of AI in recruitment, performance, disciplinary and restructure processes

  • The risk of bias and discrimination and the need for human accountability

  • What lessons can NZ take from legislation and cases abroad

Tess von Dadelszen, Partner, JB Morrison Lawyers

16:30

Closing remarks from the Chair and end of Summit

Back to top

Speakers

Nicola Craig

Member
Employment Relations Authority | Te Ratonga Ahumana Taimahi
Nicola Craig has been a Member of the Employment Relations Authority since 2015, based in Auckland.  Prior to that she worked both in private practice and as an in house lawyer.  Nicola specialised in employment and health law for over 20 years, advising on and appearing in employment, professional disciplinary and coronial proceedings.   As a Member she has been involved in all aspects of the Authority’s work including in facilitation of collective bargaining, pay equity and fixing matters

Peter Kiely ONZM

Partner
Kiely Thompson Caisley
Peter was appointed Adjunct Professor of employment law at Victoria University in 1997 and has served on the University of Auckland Council from 2009-2019, and Pro-Chancellor 2013-2014. He has appeared regularly in the Superior Courts. Most recently for the Intervener in the Court of Appeal case concerning Uber employees/independent contractors, the  Full Employment Court hearing on Spiga non-publication issues, and Full Court hearing on taking holidays during the Covid lockdown. In 2017, Peter was appointed an Officer of the New Zealand Order of Merit for service to the Pacific, and to employment law.

Liz Coats

Partner
Bell Gully
Liz is an experienced lawyer who specialises in employment and workplace safety. She is one of the country’s leading employment lawyers and a member of the Bell Gully board.   Liz regularly advises clients on Holidays Act compliance, redundancy and restructuring issues, managing poor performance, disciplinary processes, and restraints of trade. Liz has substantial experience in the Employment Relations Authority, Employment Court and Court of Appeal, including acting as lead counsel in complex litigation.   She is known for being accessible and responsive to her clients, and for providing pragmatic, commercially-focused advice. Liz has been named in Doyles’ Guide 2024 as preeminent lawyer in their list of Employment Lawyers in New Zealand. Chambers Asia Pacific 2024 ranks Liz as a leading employment lawyer. Liz was named as a ‘Next Generation Partner’ in the labour and employment practice area in The Legal 500 Asia Pacific 2024.

Tess von Dadelszen

Partner
JB Morrison Lawyers

Andrew Shaw

Managing Partner
Lane Neave
Andrew is the Managing Partner of Lane Neave and he heads the Employment Law Team. He has 28 years experience and is recognised as one of New Zealand’s top employment, ACC and health & safety law practitioners. Andrew is currently on the New Zealand Law Society ACC Committee, having previously been on the New Zealand Law Society Employment Law Committee (for six years), where he assists in providing guidance on proposed legislation.

Rosemary Wooders

Partner
Bell Gully
Rosemary is an experienced employment lawyer and provides advice to clients across a wide range of industries. She has worked as an employment lawyer in New Zealand and London. Rosemary advises employers and senior executives on a wide variety of transactional, contentious and advisory employment matters including personal grievances and disputes, collective bargaining matters, protected disclosures, restraints of trade, team move matters, absence management, redundancy and performance issues, and negotiated exits. She also advises on health and safety and privacy matters.

Blair Scotland

Partner
Dundas Street Employment Lawyers
Blair is a founding partner of Dundas Street and is fully involved in the management and supervision within the firm. He has a unique background as, unlike other practitioners who have only ever practiced law within firms, he has held numerous in-house positions providing internal advice and managing external legal providers. This gives him a different perspective as to what his clients are seeking – not lengthy diatribes about arcane legal points, but concise and meaningful advice that is both legally correct and reflects the realities of employers’ situations. Further, as a former public servant himself, he has a first-hand perspective on the political environment and the public sector’s ethos, which provides additional value for government clients. Blair has significant experience in all areas of employment law. He appears on behalf of clients regularly at mediations, and in the Courts.  

Kylie Dunn

Partner
Smith Dunn
Kylie Dunn has over 20 years of experience advising on all aspects of employment law, with a special interest in bargaining and industrial issues and employment issues involving senior executives.  Kylie was a partner at Russell McVeagh until April 2024, and has now set up Smith Dunn with Bridget Smith.  Smith Dunn is a boutique law firm specialising in employment law and workplace investigations.

Michael Witt

Special Counsel
McVeagh Fleming
Michael is an experienced and specialised Senior Employment Lawyer, Dispute Resolver, Trusted strategic Advisor, Presenter and Speaker, Mediator, Workplace Investigator, and Textbook author. Michael is a German and New Zealand qualified lawyer with 20 years of experience in employment law, both in New Zealand and internationally. With a wealth of experience working with clients across various industries, Michael is dedicated to partnering with clients to provide pragmatic solutions tailored to their specific needs. Whether it’s employment agreements and workplace policies, personal grievances, restructuring and redundancies, exit negotiations, Holidays Act-related matters, health and safety, disciplinary proceedings and performance management, restraints of trade, or any other employment-related issue, Michael prides himself on uncovering what is most important to the client and strives to achieve favorable outcomes. He believes in resolving issues at the earliest stage—ideally before they arise—but is also well-equipped to provide advice or representation in litigating employment matters when necessary.

Melissa Johnston

Partner
BE Employment Law
Melissa joined BE Employment Law as a partner in 2024 from the partnership of a national full-service firm, where she led the employment team. Melissa is both New Zealand and UK qualified, having spent nine years practising in the UK, before returning to New Zealand to carry on her career in employment law.

Fiona McMillan

Partner
Lane Neave
Fiona is the Auckland Partner of the Employment Law team and commenced her career with Lane Neave in 2007. Fiona and her team act for both employees and employers in matters involving employment relations, health and safety, human rights, privacy and ACC.   Fiona advises on all aspects of termination including performance management, misconduct, serious misconduct, medical incapacity, restructurings and redundancies and negotiated exits.  She also specialises in collective bargaining, human rights commission matters and independent external investigations.  In 2019, Fiona undertook the certification from the Association of Workplace Investigators in Vail, Colorado, USA.

Erin Drew

Associate
Duncan Cotterill
Erin is a skilled employment law specialist with wide-ranging experience across a variety of contentious and non-contentious matters including acting as an independent investigator in bullying and harassment cases. She has undertaken independent investigations and culture reviews across both public and private sector employers, and regularly advises employers on complex disciplinary matters. Erin takes a strategic approach to advising clients of all sizes and enjoys working with clients to achieve pragmatic employment relations outcomes.

Alastair Espie

Partner
Duncan Cotterill
Alastair is a specialist employment lawyer who excels in delivering solution-focused advice that gets results. He is regularly engaged to undertake independent investigations into workplace complaints in both the public and private sector. Alastair also routinely advises employers on the setting up of investigations and engagement of external investigators, and also has extensive experience assisting complainants and respondents as they work through investigation processes.

Jennifer Mills

Director - Head of Practice
Jennifer Mills & Associates
Jennifer Mills is one of New Zealand’s leading employment and health and safety lawyers, with extensive experience in employment litigation, industrial relations, health and safety, complex restructures, large scale Holidays Act issues, executive remuneration and regulation, executive exits and immigration. Jennifer advises clients on all employment related matters including drafting employment agreements and HR policies, managing poor performance, restructuring and redundancy, disciplinary investigations and dismissals, leave entitlements and secondments. She also advises on fixed term employment arrangements, independent contractor arrangements, KiwiSaver and superannuation, collective bargaining, establishing businesses in New Zealand, recruiting employees, and restraints of trade and other post termination obligations. She has been listed as a ‘leading individual’ in the 2017, 2018, 2019, 2021, 2022 and 2023 Asia Pacific Legal 500, a ‘market leader’ in the 2023 Chambers Asia Pacific and is rated one of the leading employment lawyers in the world, by Chambers Global.

Gillian Service

Partner
MinterEllisonRuddWatts
Gillian leads the Auckland practice of MinterEllisonRuddWatts’ national employment team. She is curious about the changing ways of working, the interface with technology, and how workplace laws develop.  A development which has become a focus is how the statutory duty of good faith is changing.  Aside from that, Gillian assists businesses to manage the risks arising out of workplaces from employment claims, privacy issues, health and safety issues and discrimination matters.  She also provides strategic industrial relations advice to employers in connection with union bargaining processes, unlawful preference claims, passing on issues, compliance proceedings and breach of good faith claims.

Separately Bookable Workshops

half day

Conducting successful investigations

12 March 2025 | 9.00am - 12.30pm

 In this half day workshop you will cover:

  • What needs to be investigated under The Protected Disclosures (Protection of Whistleblowers) Act 2022 and what can be covered by a traditional investigation process
  • The definition of “independent” – what constitutes and independent investigator and what this can mean for due process
  • When to deploy external investigators – what to consider when an allegation or uncovering of misconduct has occurred
  • The principles for investigations and the key elements of a fair investigation
  • The steps and processes around investigations under current legislation
  • The types of investigations and the nuances you need to know
  • Collecting the data – sources and methods to collate investigative materials and the role of delegated authorities
  • Current case law and its implication on cases brought before the Employment Relations Authority
  • Interplay between H&S investigation and an employment investigation – its impact on the discipline process including legal privilege and the right to silence
Buy your ticket

Joseph Williams

Senior Associate

Duncan Cotterill

half day

Navigating disciplinary actions: Best practices, key considerations and your obligations under the Employment Relations Act 2020

12 March 2025 | 1.00pm - 4.30pm

This half day masterclass will cover topics such as:

  • Discussing what policies and interventions can be implemented to prevent the need for disciplinary proceedings 
  • What are the key considerations and legal requirements when managing disciplinary proceedings? 
  • Examining when disciplinary processes and action needs to be taken 
  • Understanding the process in relation to ‘work-from-home’ and hybrid working arrangements
  • Understanding what information needs to be communicated to the employee and your obligations under the duty of good faith
  • Discussing the errors made by other employers in disciplinary proceedings 
  • Embedding Tikanga into disciplinary actions and what you need to keep in mind
Buy your ticket

Joseph Harrop

Senior Associate

Lane Neave

full day red

AI implications in an ER environment

12 March 2025 | 9.00am - 4.00pm

The rise and acceptance of AI in working environments leads to a number of opportunities for Employment Relations specialists to streamline tasks. However, this rise also leads to a number of challenges to overcome and be aware of.

In this full day workshop you will examine the following:

  • Communicating about AI and its impact on your workforce
  • Building AI skills in the workforce – creating talent pipelines to fit future requirements
  • AI and monitoring – ensuring trust and privacy if AI is used for performance monitoring
  • Removing bias from the algorithm – avoiding perpetuating and exacerbating biases in in hiring, promotions, and performance evaluations
  • Debates and considerations around the ethical use of AI in the workplace
  • Can AI be used in traditionally sensitive areas including performance management and disciplinary matters?
  • Using AI to draft employment contracts and other HR and ER related documents
  • Navigating the legal landscape and remaining on the right side of the Employment Relations Act
Buy your ticket

Tess von Dadelszen

Partner

JB Morrison Lawyers

Sponsorship

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Multi Buy 2+ tickets

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  • Must be from the same organisation and book at the same time. For valid ticket, payment by 5 March 2025.
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Post Conference Workshops

Half day Workshop:
Conducting successful investigations

$ 599 + gst
  • For valid ticket, payment by 11 March 2025.
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Half day Workshop:
Navigating disciplinary
actions

$ 599 + gst
  • For valid ticket, payment by 11 March 2025.
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Full day Workshop:
AI implications in an ER environment

$ 999 + gst
  • For valid ticket, payment by 11 March 2025.
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Ticket Terms
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A surcharge of 2.5% + GST applies to credit card payments on top of the total amount.
To remain valid, Super Saver and Early Bird tickets must be paid by date quoted.
Group ticket options are valid for registrations from the same organisation, booked at the same time.
By selecting any special pricing offer for classes of organisation, sector, or individuals or using any promotion code, you are asserting to the organiser your right to claim any such pricing offer, and acknowledge the organiser’s right to audit such claim and, if in the opinion of the organiser using its sole discretion the conditions for special pricing are not met, reject any registration.

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