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Tips on handling disciplinary processes, investigations and performance issues
The field of human resources and employment law is dynamic and rewarding – however, there are undeniably aspects of the job that nobody enjoys. Disciplinary processes, disputes and performance issues can leave businesses in a difficult position, particularly if they are not properly handled from the outset.
According to Susan Hornsby-Geluk, employment law specialist and managing partner at Dundas Street, knowing how to handle performance and disciplinary processes is especially vital today. The flow-on effects of COVID-19 are still being felt, and many businesses are struggling financially. This has led to redundancies, and to increased scrutiny on conduct and performance.
Read the full article by clicking the button below:
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Falling between two stools? The risk in New Zealand’s approach to the assessment of grave risk in Hague Convention cases
Grave risk defence cases under the Hague Convention require the courts to take a precautionary approach to evidence.
Intentionally or unintentionally, the Court of Appeal decision of Roberts v Cresswell means that the court will impose an evidentiary burden on the taking parent to prove a likelihood of harm, rather than adopt the precautionary approach of requiring such a parent to prove a risk which, if true, cannot be discounted.
The court’s approach in Roberts is contrary to a line of United Kingdom authorities, contrary to the interests of children, and contrary to the Convention itself.
Written by Kezia Milne (LLB (Hons) (student at the University of Canterbury), Alex Summerlee (Partner, Parry Field Lawyers) and Stephen van Bohemen (Barrister).
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LIVE WEBINAR + Q&A SESSION - Legal Guidance For Legal Professionals, HR And Employers
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Mastering Performance and Disciplinary Processes in Employment: A Critical Webinar for Legal Professionals, Business Owners and Employers.
Are you confident in your firm’s investigation and disciplinary processes? Regardless of your firm's size, the expectations for fairness and robustness are universal. With complex requirements and intense scrutiny from the Employment Relations Authority, a misstep can undermine even the most justified dismissal.
In this essential webinar, we will cover:
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Navigating the crossroads: How to choose between performance management and disciplinary processes
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The non-negotiable steps in employment investigations
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Strategic decision-making: When to bring in external investigators
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Tackling the challenge of anonymous complaints and protected disclosures
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Effective strategies for managing challenging witnesses and representatives
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Handling curve balls: What to do when new allegations arise mid-process
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Evidence assessment and drawing sound conclusions
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The role and necessity of preliminary decisions
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Making the tough call: Weighing options for disciplinary action
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And more!
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Enjoy $20 off in our Early bird Special, use code EARLYBIRD valid till 22 September 2024.
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“That’s Just Criminal” - Podcast
Vice Presidents of the Criminal Bar Association Annabel Cresswell and Sumudu Thode released the first two episodes of the That’s Just Criminal podcast, an insightful look behind the scenes of the criminal justice system, both in Aotearoa and overseas.
In addition to providing insight and infotainment for lawyers and the public, That’s Just Criminal aims to create a community for those working in criminal law.
The That’s Just Criminal podcast is produced in partnership with LexisNexis® New Zealand and the Criminal Bar Association. It can be found on all major podcast platforms, including Spotify, Apple Podcasts and YouTube.
Learn more about the podcast and find links to listen by clicking the button below:
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New Release - Subdivisions Law and Practice
A much sought-after textbook for those seeking practical and legal assistance with subdivisions.
At its heart, the process of subdivision has overlapping elements of property and resource management law, and involves both practical and conceptual issues. The wide variety of legal and practical issues that arise, often under time pressure, means this can be a challenging area of law to navigate.
This book is a comprehensive first port of call.
Subdivisions Law and Practice addresses and breaks down the legal nature of subdivisions, and provides practical guidance to lawyers, surveyors, planners, students, and anyone whose area of expertise or interest lies in subdivisions in New Zealand.
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