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Position Description | Te whakaturanga ō mahi
Health New Zealand | Te Whatu Ora
The Health System in Aotearoa is entering a period of transformation as we implement the Pae Ora/Healthy Futures
vision of a reformed system where people live longer in good health, have improved quality of life, and there is equity
between all groups.
We want to build a healthcare system that works collectively and cohesively around a shared set of values and a culture
that enables everyone to bring their best to work and feel proud when they go home to their whānau, friends and
community. The reforms are expected to achieve five system shifts. These are:
1. The health system will reinforce Te Tiriti principles and obligations. 2. All people will be able to access a comprehensive range of support in their local communities to help them
stay well. 3. Everyone will have equal access to high quality emergency and specialist care when they need it. 4. Digital services will provide more people the care they need in their homes and communities. 5. Health and care workers will be valued and well-trained for the future health system.
Te Mauri o Rongo – The New Zealand Health Charter
The foundation for how we ensure our people are empowered, safe and supported while working to deliver a successful healthcare system, is Te Mauri o Rongo – the New Zealand Health Charter. It guides all of us as we work towards a healthcare system that is more responsive to the needs of, and accessible to all people in Aotearoa New Zealand. It applies to everyone in our organisation and sits alongside our code of conduct as our guiding document. Te Mauri o Rongo consists of four pou (pillars) within it, including:
Wairuatanga – working with heart, the strong sense of purpose and commitment to service that health workers bring to their mahi.
Rangatiratanga – as organisations we support our people to lead. We will know our people; we will grow those around us and be accountable with them in contributing to Pae Ora for all.
Title Senior Legal Counsel – Employment
Reports to Group Manager – Employment Law
Location Te Waipounamu, ideally Christchurch or Dunedin
Department People & Communications
Direct Reports 0 Total FTE 1.0
Budget Size Opex NIL Capex NIL
Delegated Authority
HR NIL Finance NIL
Date November 2024
Job band (indicative) SP22
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Whanaungatanga – we are a team, and together a team of teams. Regardless of our role, we work together for a common purpose. We look out for each other and keep each other safe.
Te Korowai Āhuru – a cloak which seeks to provide safety and comfort to the workforce. These values underpin how we relate to each other as we serve our whānau and communities. Together we will do this by:
• caring for the people
• recognising, supporting and valuing our people and the work we all do
• working together to design and deliver services, and
• defining the competencies and behaviours we expect from everyone.
About the role
The primary purpose of the role is to advise on the full spectrum of employment law issues and employment
relationships, both contentious and non-contentious.
Key Result Area Expected Outcomes / Performance Indicators
Legal advice Advise on the full spectrum of employment law issues and employment relationships, both contentious and non-contentious including but not limited to:
• Health New Zealand policies and procedures
• Employment and contractor agreements
• Industrial Relations Law, including strikes, collective bargaining, and agreement interpretation
• Health, Safety and Regulatory Employment Law
• Employment Law Processes, such as performance management, medical incapacity and disciplinary processes (including dismissals)
• Change management, including redundancy and restructuring
• Representation in mediations, the Employment Relations Authority, and Employment Court
• Personal grievances and resolving disputes
• Privacy and Official Information Laws (in so far as they relate to employment);
• Employment aspects of corporate/organisational transactions; and
• Preparing or reviewing Statements in Reply, Mediation Briefs, Statements of Problem and Authority or Court Documents
• Provide senior level employment law advice, in a range of formats for a range of audiences, to ensure Health New Zealand’s decision makers can make decisions within an acceptable legal risk framework;
• Taking a system view of employment law issues to understand the broad connections and impact of legal positions taken.
Legal Support May contribute to the development of, or deliver:
• Tools and support for leaders to navigate employment law issues
• Templates, toolkits and precedents
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• Training and internal development for leaders, internal People and Communications staff or other Health New Zealand employees on employment law issues
• Employment Law Strategy and direction for Health New Zealand
• Employment policies, procedures, and practices
• Managing relationships with external counsel to ensure that briefed legal advice is delivered in a timely and cost effective way that meets Health New Zealand’s needs.
Te Tiriti o Waitangi • Remains focused on the pursuit of Māori health gain as well as achieving equitable health outcomes for Māori.
• Supports tangata whenua- and mana whenua-led change to deliver mana motuhake and Māori self-determination in the design, delivery and monitoring of health care.
• Actively supports kaimahi Māori by improving attraction, recruitment, retention, development, and leadership.
Equity • Commits to helping all people achieve equitable health outcomes.
• Demonstrates awareness of colonisation and power relationships.
• Demonstrates critical consciousness and on-going self-reflection and self-awareness in terms of the impact of their own culture on interactions and service delivery.
• Shows a willingness to personally take a stand for equity.
• Supports Māori-led and Pacific-led responses.
Innovation & Improvement
• Is open to new ideas and create a culture where individuals at all levels bring their ideas on how to ‘do it better’ to the table.
• Models an agile approach –tries new approaches, learns quickly, adapts fast.
• Develops and maintains appropriate external networks to support current knowledge of leading practices.
Collaboration and Relationship Management
• Models good team player behaviour, working with colleagues to not allow silo thinking and behaviour at decision making level to get in the way of doing our best and collegially supports others to do the same.
• Works with peers in Te Aka Whai Ora | Māori Health Authority and Pacific Health Business Unit to ensure the voice of and direct aspirations of Māori and Pacific People are reflected in planning and delivery of services.
• Partners with senior leadership to deliver sound legal advice
Health & safety • Exercises leadership and due diligence in Health and Safety matters and
ensures the successful implementation of Health and Safety strategy
and initiatives.
• Takes all reasonably practicable steps to eliminate and mitigate risks and hazards in the workplace that could cause harm, placing employee, contractor and others’ health, safety, and wellbeing centrally, alongside high-quality patient outcomes.
• Leads, champions, and promotes continual improvement in health and wellbeing to create a healthy and safe culture.
Compliance and Risk
• Takes responsibility to ensure appropriate risk reporting, management and mitigation activities are in place.
• Ensures compliance with all relevant statutory, safety and regulatory requirements applicable to the Business Unit.
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• Understands, and operates within, the financial & operational delegations of their role, ensuring peers and team members are also similarly aware.
Relationships
External Internal
• External Legal providers
• Ministry of Health
• Other Government Agencies
• The wider legal team
• People and Communications team members
• All Health New Zealand business units
• Health New Zealand leaders and Managers
About you – to succeed in this role
You will have Essential:
• Experience (in the range of 7 years PQE) in providing employment law advice and representation to clients in roles applying critical thinking and using sound judgment to develop options, provide advice, and translate this into meaningful advice and recommendations;
• Experience providing representation to clients in mediation, the Employment Relations Authority and Employment Court;
• Demonstrated background providing legal advice in relation to employment matters;
• Critical thinking, sound judgment and analytical skills which can be constructively applied to a wide range of employment-related legal topics and human behaviour generally;
• Experience building constructive relationships with senior leaders
• Experience in implementing Te Tiriti o Waitangi in action.
• LLB and ability to hold a practicing certificate with the New Zealand Law Society
Desired:
• Experience in a unionised environment is desirable;
• Experience in previous in-house roles and/or advising large complex clients is desirable
You will be able to Essential:
• Demonstrate an understanding of the significance of and obligations under Te Tiriti o Waitangi, including how to apply Te Tiriti principles in a meaningful way in your role.
• Take care of own physical and mental wellbeing, and have the stamina needed to go the distance.
• Maximise the quality and contributions of individuals and teams to achieve the organisation’s vision, purpose and goals.
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• Establish and maintain positive working relationships with people at all levels within the public and private sectors, related industry and community interest groups and the wider national and international communities.
• Demonstrate a strong drive to deliver and take personal responsibility.
• Demonstrate self-awareness of your impact on people and invests in your own leadership practice to continuously grow and improve.
• Demonstrate the highest standards of personal, professional and institutional behaviour through commitment, loyalty and integrity.
This position description is intended as an insight to the main tasks and responsibilities required in the role and is not
intended to be exhaustive. It may be subject to change, in consultation with the job holder.