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Written by Darryl King, PARTNER on March 21st, 2016.
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will have an impact on supply, distribution, agency and similar arrangements where there is a competitive relationship between the parties – or would be but for the arrangement.
Written by Glenn Finnigan, PARTNER; Darryl King, PARTNER on March 16th, 2016.
The new Health and Safety at Work Act comes into force in April 2016. This legislation will add a number of new features to the health and safety landscape, which landlords will need to consider. Under the current Health and Safety in Employment Act 1992, commercial landlords owe health and safety duties where they own a building which is used as a workplace. These duties apply whether the building is used for their own business or leased to another employer.
Written by Darryl King, PARTNER on March 14th, 2016.
Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
Written by Darryl King, PARTNER; on January 25th, 2016.
The Commerce (Cartels and Other Matters) Amendment Bill is currently in its final stages in Parliament. This Bill will impact most franchise businesses – including franchisees - as most franchise agreements will contain clauses that are considered to be ‘cartel’ provisions under the Bill. This article provides a brief overview for franchisors on the Bill, its potential impact on their franchise businesses and what franchisors need to do to prepare for the passing of the Bill.
Written by Darryl King, PARTNER on November 9th, 2015.
Most franchise agreements contain a restraint of trade clause. These are restraints on the franchisee and its owner from competing against the franchise system. Two recent interim injunctions have shown the Court’s ability and willingness to enforce restraints of trade against former franchisees, at least on a temporary basis. In both cases the Courts have acted to protect the franchisor’s goodwill and upheld restraint of trade terms on an interim basis, until questions about the validity of the restraints can be resolved.
Written by Darryl King, PARTNER on November 2nd, 2015.
Jackson Russell helps franchisors and franchisees successfully navigate the life cycle of a franchise or licensing business model from inception through to exit. This image shows a legal perspective on some of the regulatory changes and key trends in the franchising sector in New Zealand.
Written by Darryl King, PARTNER on October 6th, 2015.
The Commerce Commission has released its second Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission. The report is based on industry information and recent consumer complaints received by the Commission.
Written by Glenn Finnigan, PARTNER on August 10th, 2015.
Until recently, it was generally accepted that if an employee was dismissed and the procedure was flawed, then they would be able to claim for lost wages (as well as compensation for humiliation, loss of dignity and injury to feelings). However, a recent Employment Court case has taken a different approach in a situation where the flawed procedure did not affect the outcome.
Written by Glenn Finnigan, PARTNER; Darryl King, PARTNER on March 9th, 2015.
New Zealand’s Health and Safety legislation is undergoing a major overhaul in response to a renewed focus on the safety in the workplace. The review was spurred, in part, by the Pike River tragedy and the well-publicised record of the Forestry Industry. The changes will align New Zealand’s approach with Australia’s current law and provide some hefty disincentives to taking a lax approach to Health and Safety. We have briefly summarised the key changes for you below. Some of them are already in force, but the major changes are scheduled to become active in mid-late 2015.
Written by Glenn Finnigan, PARTNER on March 9th, 2015.
When an employee is dismissed from (or disadvantaged at) work, there will inevitably be a degree of injury to feelings. When that action is not reasonable or justifiable, the impact can be far greater. The Employment Relations Act provides a remedy for humiliation, loss of dignity and injury to feelings an employee suffers as a result of unjustifiable dismissal and unjustifiable actions by an employer.
Written by Glenn Finnigan, PARTNER on March 2nd, 2015.
Ms Hammond was employed by Credit Union Baywide, but had recently resigned to move to another company in the region. A friend of hers had also recently resigned, albeit by way of a mediated settlement. It was clear that Ms Hammond and her friend took a dim view of the circumstances of the friend’s exit. In order to cheer her friend up, Ms Hammond baked a cake which she iced with several abusive words describing Credit Union Baywide.
Written by Glenn Finnigan, PARTNER on February 9th, 2015.
It is not difficult for employers to make procedural errors when taking disciplinary action against employees. It is a regular complaint, particularly from small employers, that the procedural requirements for even simple disciplinary matters are complex and technical. This can lead to findings of unjustified dismissal, not because an employee hasn’t committed serious misconduct, but because a full and fair procedure was not followed to reach that conclusion.
Written by Mark Sullivan, PARTNER on February 2nd, 2015.
The Government has made significant changes to the Building Act 2004 (and supporting regulations) which will affect the way you interact with your customers. These changes came into force on 1 January 2015 and carry some hefty penalties for non-compliance. If you are a builder, plumber, electrician or tradesman involved in residential construction, these changes will apply to you.
Written by Darryl King, PARTNER on November 3rd, 2014.
Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015. If you use standard form consumer contracts, these will apply to you.
Written by Glenn Finnigan, PARTNER on August 11th, 2014.
More and more frequently, people are looking to resolve their disputes without resorting to time-consuming, stressful and expensive formal litigation. Employment disputes are no exception, and have a high rate of out-of-court settlement. A key feature in finding such a solution is the ability to speak “without prejudice”.
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