At The Bar April/May 2022

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Committee News Barbara Relph*

Employment Law & Privacy Committee Working to promote employment law and privacy initiatives

With an increasing cohort of barristers working in the niche speciality of employment law and privacy, it seemed timely for the NZBA to set up a bespoke special interest committee. One objective of the Employment Law & Privacy Committee is to provide a voice for this group of practitioners and ensure a broad appeal of topics in terms of both CLE and in the annual Conference Programme. Committee members Rachel Burt (Chair) and Maria Austen note that in recent years workplace investigations and reviews have become a focus area for specialist barristers. Law firms engage these specialists to work on employment law projects because they value their independence, experience and expertise. Independence and specialist expertise are key components for workplace investigations which are inherently confidential, and there is also significant focus on privacy law and how it applies in this area. Along with practical tips and tricks for remote hearings, and a Q&A with the Acting Privacy Commissioner, workplace investigations is an area this new Committee will be addressing through online NZBA presentations and masterclass type sessions. The Employment Law & Privacy Committee also aims to engage with the NZLS and ADLS employment law committees and the Employment Law Institute of New Zealand (ELINZ) to address regulation of advocates, an increasing area of concern and believes having the NZBA as a supporting body to campaign on the issue will be helpful. “Linking with other employment law committees assists in coordinating efforts; ensuring we are not reinventing the wheel,” says Burt. Aspiring to greater diversity at the Bar, the Committee is looking to develop a mentoring programme and is focused on raising practitioners’ self-awareness (including understanding unconscious bias). Combined with more general NZBA aspirations of improving access to justice, raising awareness of probono initiatives, and enabling greater networking and attendance at NZBA events, the Employment Law & Privacy Committee is a welcome addition to the Bar Association and encourages greater collaboration and inclusion of speciality bar counsel.

APRIL / MAY 2022

Committee members Rachel Burt, Chair Rachel is an employment and human rights barrister who has over 20 years specialist experience, including ten years at Dentons Kensington Swan. Rachel is an experienced and AWI qualified workplace investigator who has acted for numerous state sector and private organisations conducting investigations and reviews over the past five years. Rachel also acts as an independent facilitator and mediator in employment disputes. Rachel says it is a pleasure to have the opportunity of helping to develop a collegial and supportive specialist bar that can focus on the key issues affecting employment barristers.’ Maria Austen Maria is an experienced employment lawyer. Her practice is focussed on advocacy and privacy work for public and private sector employers in all areas of employment. Maria also undertakes independent investigations and reviews. Following experience obtained working at a large commercial firm, Maria joined the independent bar as a barrister specialising in Employment law in 2012. Maria is a member of the New Zealand Law Society Employment Law Committee’s Wellington branch and the Australasian Association of Workplace Investigators (AAWI). Maria holds the AWI-CH distinction for investigators having qualified at the training institute in Monterey CA in 2017. Kathryn Dalziel Kathryn is a barrister at Walker Street Chambers. She has practiced in privacy and employment law for over 30 years. Kathryn teaches at the University of Canterbury in employment law and privacy and has contributed to publications, seminars and conferences on these topics.

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