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Workshop B

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Pages from HR Law AU Masterclass Brochure

WELLINGTON / PÅŒNEKE : 18 September

This interactive workshop will cover all aspects of employee’s health and wellbeing and what employers can look to protect and manage. What to do if an employee is taking too much sick leave?  What if an employee raises mental health issues during a performance management process?  At what point can an employer terminate when an employee has been away for a long period of time because of an injury or illness?  As well as working through these scenarios, delegates will receive an understanding of the governments proposed changes to our health and safety laws.

Learning Objectives:

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  • Be better equipped to have robust conversations with employees about the level of sick leave they are taking. 

  • Learn how to manage the situation when an employee raising performance issues during a performance management process. 

  • Walk away from this workshop with a better understanding of the factors an employer needs to justify a decision to terminate for medical incapacity. 

  • Gain the most up to date information in relation to New Zealand’s health and safety laws

Workshop Facilitator

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Fiona McMillan

Partner
Lane Neave

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AGENDA

Registration and welcome coffee: 8:30am
Course duration: 9:00am-4:30pm, including networking breaks

9:00 Welcome and Introduction to the Workshop  

  

9:15 Sick leave 

  • Minimum entitlements and what can be considered sick leave 

  • The role of medical certificates 

  • Can an employer ask for more medical information or information from a different Doctor? 

  • Managing employees who are taking too much intermittent sick leave 

  • What to do if you believe the sick leave is not genuine 

  • Drugs and alcohol in the workplace  

  

10:30 Morning Tea  

  

11:00 Performance management and sick leave  

  • Performance management processes - justification and process 

  • Common pitfalls in performance management processes 

  • What if you are aware the employee has health issues, are you prevented from commencing the process? 

  • What if the employee informs you mid process? 

  • Are there modifications that can be made to this process? 

  • Does it change things if it is mental health issues as opposed to physical health? 

  • Is the legal position different if it is a misconduct or serious misconduct issue? 

  

12:30 Lunch  

  

1:30 Medical incapacity  

  • When can an employer fairly cry halt? 

  • What does a medical incapacity process look like 

  • What factors will the Court consider when determining whether a termination for medical incapacity is justified 

  • Alternatives – light duties or redeployment? 

  • The relationship between medical incapacity and ACC  

  • The latest case law on medical incapacity  

  

3:00 Afternoon Tea  

  

3:15 Health and safety   

  • The governments proposed changes to New Zealand’s Health and Safety laws 

  • An update on the Whakaari White Island litigation – what are our key takeaways at this stage 

  • Health and Safety – where is New Zealand at and developments in Australia 

  • An overview of the most recent health and safety cases  

 

4:15 End of Workshop  

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