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Written by Glenn Finnigan, PARTNER on July 1st, 2014.
Recently the Nation watched with interest as Lucan Battison successfully took St John’s College to the High Court after being suspended for refusing to cut his hair. We have summarised the case below, and provided some general comments about how schools can avoid or minimise the risk of having disciplinary decisions based on non-compliance with school rules challenged.
Written by Darryl King, PARTNER on June 2nd, 2014.
New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years. We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015. Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
Written by Glenn Finnigan, PARTNER on March 10th, 2014.
Following the recent publicity surrounding the Pike River tragedy and the Forestry Industry’s record, the Government has begun to implement its plan for a significant overhaul of the Health and Safety legislation. In this article, we have highlighted a few of the key changes set out in the bill.
Written by Glenn Finnigan, PARTNER on October 7th, 2013.
A former employee of Sealord has been awarded over $80,000.00 in lost wages, compensation for humiliation and interest following his dismissal by Sealord. The case highlights two important issues at the start and end of an employment relationship.
Written by Glenn Finnigan, PARTNER on May 7th, 2013.
Have you ever taken a sickie, thinking this is no big deal let alone something that you might get fired for? Well, think again. The Employment Court has just confirmed the right of an employer to dismiss employees who take sick leave without there being a genuine sickness/injury.
Written by Glenn Finnigan, PARTNER on May 6th, 2013.
The case of an employer ordered to pay more than $10,000 to one of his refrigeration engineers who had falsified his work history, wrecked a customer’s equipment and almost electrocuted one of his fellow workers has attracted recent media attention. So just how did the employer come to lose the case and be up to pay the employee compensation?
Written by Glenn Finnigan, PARTNER on April 8th, 2013.
Everybody knows who their boss is right? The reality is that often employees will not bother to look at their employment agreement to see who they are contracting with. This, of course, assumes that the employee is even provided with a written agreement in the first place.
Written by Mark Sullivan, PARTNER on July 11th, 2012.
The story usually goes something like this……. You bought a house because you fell in love with the view. However, over the years, the trees grew or a new structure was erected that not only obstructs your view but also casts a shadow over your property. It could be affecting your health or garden and your enjoyment of your home.
Written by Caroline Harris, PARTNER; Mark Sullivan, PARTNER on July 2nd, 2012.
During the first half of 2012 the Courts have delivered a number of decisions that will be of interest to Insolvency Practitioners and commercial creditors who deal with the Personal Property Securities Act 1999 (PPSA). This update summarises the more significant decisions.
Written by Mark Sullivan, PARTNER; Caroline Harris, PARTNER on May 21st, 2012.
Changes to the Credit Reporting Privacy Code from 1 April 2012 mean that better credit information is now available for businesses wanting to assess the credit risk of their customers. New Zealand has moved to a “positive” credit reporting system which will provide a more complete picture of a customer’s credit history and performance.
Written by Mark Sullivan, PARTNER; Darryl King, PARTNER; on May 1st, 2012.
The recent recession has brought about a sea change in the way that we look at the role of a company director and directors’ liability. It is no longer seen as a comfortable position of power and control but it attracts the real risk of personal liability for a director. In addition, proposed changes to company law criminalise breaches of certain directors’ duties in an effort to increase accountability and protect investors.
Written by Glenn Finnigan, PARTNER on April 23rd, 2012.
The law in New Zealand places a duty on an employer to indemnify their employees for costs/ liabilities which arise during the reasonable performance of their duties. The duty to indemnify is not open ended. An employer may not have to meet an employee’s employment related costs or loss if those are as a result of the employee’s own negligence, breach of duty or general fault.
Written by Darryl King, PARTNER; on April 2nd, 2012.
The Australian Personal Property Securities Act 2009 (the Australian PPSA) is now in force. Like its New Zealand equivalent, the Personal Property Securities Act 1999 (our PPSA), the Australian PPSA and PPS Register profoundly change the way that security is taken over personal property. The change will be significant for New Zealand businesses who supply goods to Australia on credit.
Written by Darryl King, PARTNER; Richard Wilson, CONSULTANT on March 1st, 2012.
This paper sets out an overview guide for those looking to acquire a small or medium-sized business by purchasing the assets of the business.
Written by Glenn Finnigan, PARTNER on December 5th, 2011.
The Employment Relations Authority at Auckland has recently released a decision in the case of Manoharan & Anor v The Chief Executive of Waiariki Institute of Technology. The main issue in the case was whether the dismissal of two employees for serious misconduct was unjustified based on a procedural error. The more unusual feature of the case is that, following the filing of the claim for unjustified dismissal, the employer sent an email to its remaining employees instructing them not to provide the dismissed pair with any support (with regard to their claim).
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