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Supreme victory for liquidators and employees

Supreme victory for liquidators and employees

The Supreme Court has today handed down its Judgment in the long awaited Jennings Roadfreight Limited (In Liq) & Ors v Commissioner of Inland Revenue [2014] NZSC 160.

By Tony Johnson and Claire Mansell - 7 Nov 2014

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High Court makes leaky building settlements more difficult

High Court makes leaky building settlements more difficult

The Fleetwood Apartments leaky building case may be a rare example of strict adherence to the law coming at the expense of an early and cost-saving resolution. As part of settling the claim, the Council effectively bought the apartment owners' claims against the other defendants by taking an assignment. This meant the Council stood in the apartment owners' shoes by pursuing the defendants themselves.

By Andrew Steele - 13 Aug 2014

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Health and safety reforms - what you need to know

Health and safety reforms - what you need to know

The New Zealand health and safety regime is in the midst of major reform. Directors, CEOs and senior employees need to be aware of new duties expected to be imposed on them under the Health and Safety Reform Bill 2014, once it becomes law. This Bill prescribes significantly higher penalties up to a maximum of $600,000 and/or 5 years imprisonment for individuals. Failure to comply can lead to directors, CEOs and key employees being held personally liable. It is important to remember that as is the case under current law, insurance will not cover fines and infringement fees.

By Claire Mansell - 17 Jul 2014

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New District Court Rules - starting today

New District Court Rules - starting today

The District Court Rules have changed. The new Rules, which came into force today, make it easier and simpler for claimants to obtain judgment, especially when the defendant has no realistic chance of defending the claim.

By Claire Mansell - 1 Jul 2014

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Helping hands helping themselves - what to do if an employee steals from you

Helping hands helping themselves - what to do if an employee steals from you

We are increasingly hearing of stories in the media of "trusted" employees stealing from their employer. Employee theft can take different forms - from stealing cash from the till to complicated schemes involving fake invoices and fictitious employees. Whatever form it takes, employee theft is an awful experience for employers - financially and emotionally. Below are some steps we can take to minimise the damage.

By Claire Mansell - 23 Jun 2014

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Can telling a lie get you fired?

Can telling a lie get you fired?

The Court of Appeal has confirmed that a deliberate lie by an employee during an investigation into misconduct can justify dismissal. The Court recently refused leave to appeal in the case of George v Auckland Council. This case involved the dismissal of a senior employee after her employer concluded that she had lied in her explanations during a disciplinary investigation.

By Claire Mansell - 16 Jun 2014

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Supreme victory in Leaky Home case

Supreme victory in Leaky Home case

The Supreme Court has today opened the door for many more home owners to bring claims in the Weathertight Homes Tribunal (WHT). The Court ruled in favour of John and Helen Osborne who have been battling to have their leaky home claim declared eligible in the WHT. They brought their claim within ten years of a code compliance certificate (CCC) being issued by Auckland Council but their claim was found to be ineligible.

By Andrew Steele - 10 Jun 2014

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The redundancy process - analysis and information are key

The redundancy process - analysis and information are key

Being a good employer sometimes means making difficult choices. Decisions aimed at improving profitability and efficiency can come at the cost of someone's job. Good communication and transparency from a company is important if you're to avoid employment disputes and litigation headaches. 

By Claire Mansell - 26 Mar 2014

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Health and safety in the workplace - what the new regulations could mean for you

Health and safety in the workplace - what the new regulations could mean for you

"Good health and safety is good for business.  It is an investment in improved productivity"  - So says Simon Bridges MP in announcing the introduction of the Health & Safety Reform Bill to Parliament this week. This Bill is part of the Government's overhaul of the workplace health and safety system in New Zealand, introducing the biggest reforms in this area for 20 years. The Government is targeting a 20% reduction in New Zealand's workplace injury and death toll by 2020.

By Claire Mansell - 14 Mar 2014

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Employment law issues - setting off on the right foot

Employment law issues - setting off on the right foot

With the New Zealand Herald reporting that business confidence has risen to its highest level in almost 20 years, the start of 2014 has seen a great deal of increased optimism in the economy. As businesses prepare for a year promised to be marked by strong economic growth, we have seen a number of mergers and acquisitions and streamlining of existing businesses through redundancies. There has also been a lot of activity in the employment market due, perhaps, to employees having greater confidence to make a move. 

By Claire Mansell - 7 Mar 2014

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