How Employment Law and Information Governance are re-shaping the New Zealand business landscape
We asked Dr Alan Toy, Assistant Dean Postgraduate Research at the University of Auckland Business School, about the relevance of two areas of research, Employment Law and Information Governance, to the operation of business. He shares his insights in this article.
Why is Information Governance important, and what has been your involvement in this area?
Alan Toy: I am one of the architects of, and a teacher of, the Master of Information Governance (MInfoGov), a 100% online masters degree taught through Auckland Online. This degree responds to the demand for privacy professionals and others who have the skills to navigate the increasingly complex environment regarding the regulation of AI and other technologies that impact the business environment. The degree focuses on the regulatory aspects of information governance.
My idea for the Master of Information Governance was sparked by my research for a PhD in Accounting at the University of Auckland Business School. I identified the need for training of Information Governance professionals and the opportunity for a community of practice through interviews I conducted for this research. I taught the initial class for the inaugural cohort, which commenced in 2021. I remain involved at all levels of this programme.
Dr Alan Toy
Can you give an example of how Information Governance relates to Employment Law?
Alan Toy: I recently co-organised the New Zealand Labour Law Society Conference with esteemed colleagues Dr Nadia Dabee and Simon Schofield. Two keynote speakers, Professor Anthony Forsyth and Simon Mitchell KC, along with 6 plenary sessions featuring 19 speakers, explored topics such as Neurodiversity in the Workplace; Te Tiriti, Tikanga and Employment; Employment Status and Uber Workers; and Privacy in the Era of Remote Work.
The conference was enriched by a panel session featuring Graeme Colgan, former Chief Judge of the Employment Court, and Dr Bill Hodge, and an outstanding dinner speech by the The Honourable Margaret Wilson DCNZM.
Some of the topics at the conference had significant implications for Information Governance such as presentations by Associate Professor Gehan Gunasekara entitled “Algorithm-Generated Personal Information and the Privacy Act: Employment Implications” and Alison Maelzer and Bridget Perkins entitled “Always Watching? The Intersection Between Social Media, Privacy and Freedom of Expression in the Employment Sphere” and Joshua Fairfield entitled “Clocking in for Life: Reconceptualizing Privacy in the Era of Remote Work and its Implications in Aotearoa New Zealand”. These presentations examined the challenges of applying information governance concepts within the employment relationship.
In light of the new government, what are your thoughts about the potential changes in Employment Law and Information Governance and their impact on the business landscape?
Alan Toy: I recently had the privilege of co-presenting at a Short Sharp Thought Leadership Webinar, “Exploring the Future of Work in Aotearoa New Zealand, After the 2023 Government Elections,” organized by Executive & Professional Development (EPD). Along with Dr Nadia Dabee (Senior Lecturer in Commercial Law, University of Auckland Business School) and Chris Baldock (Partner, Employment Law, PwC Legal), we discussed the possible flex in the business environment that may occur due to the shift to the right in the recent general election.
Some significant changes are possible, such as potential legislation to address the risk of modern slavery and a possible review of the Holidays Act, which can be made more fit for purpose in the future. Furthermore, it is possible that changes may occur regarding Fair Pay Agreements (as there is an opportunity to give certainty to the bargaining parties) and 90-day trial periods, which may be made more generally applicable than is the case at present.
In all, it is an exciting time for Employment Law and Information Governance, which look set to shape practice and thought in business as new challenges rise to the forefront.
