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The dangers of pre-employment trials

The dangers of pre-employment trials

Pre-employment trials can be a useful way to determine whether an employee is suitable for the job. Often, candidates can look good on paper or in an interview, but terrible when they actually 'go on the floor'. This is especially true in the hospitality industry. However, pre-employment trials are fraught with difficulty, as the employers in Mawhinney v SFIZIO Limited discovered.

By Claire Mansell - 11 Feb 2019

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Down-payments and deposits: what happens if they don't deliver?

Down-payments and deposits: what happens if they don't deliver?

Payments in advance (down-payments or deposits) are common in the construction industry. When you place a custom order or hire a builder to commence work on your property, the initial credit risk to the supplier is significant - if you don't pay, they've already shelled out for raw materials and spent time which is irrecoverable. Hence, particularly with expensive designer joinery, appliances or finishes, payment in advance is the norm. But what happens if you don't get what you paid for?

By Telise Kelly - 31 Jan 2019

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Builders: Do your invoices have the Power of Payment Claims?

Builders: Do your invoices have the Power of Payment Claims?

Have you ever been put off trying to recover a debt because of the legal costs involved? The payment claims and payment schedules regime under the Construction Contracts Act (CCA) may just have the answer for you.

By Kiren Narayanan - 20 Jan 2019

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Caring for elderly parents - services, promises and rewards

Caring for elderly parents - services, promises and rewards

When a family member (usually the parent) becomes elderly and/or their health or mental capacity begins to fail, it is not uncommon for one person (usually one of their children) to 'step-up' and provide the care and assistance ('services') necessary for that parent. To provide such services, some children even invite their parent into or near to their home when the parent can no longer 'live independently'.

By Andrew Steele - 13 Dec 2018

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New restrictions on availability of 90 day trial periods

New restrictions on availability of 90 day trial periods

Since 2009 all employers have been free to agree 90 day trial periods for new employees. This allowed those employers to 'try and see' a new employee and, if things did not work, they could dismiss them. The trial period clause precluded the employee from bringing a personal grievance in respect of the dismissal.

By Andrew Steele - 6 Dec 2018

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Can you be charged for drunk 'lime-ing'?

Can you be charged for drunk 'lime-ing'?

We've all seen the latest craze to hit our streets, the black and green Lime electric scooters. Whether you're for or against them zooming along our footpaths, cycle lanes and streets you may have wondered: can you be charged for riding one of these scooters while under the influence of alcohol? Perhaps especially relevant as we head into the merry season! And the answer is ...

By Fiona McGeorge - 29 Nov 2018

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Renovating or demolishing a building built before 2000? What you need to know

Renovating or demolishing a building built before 2000? What you need to know

In April 2018 Meika McHardy of our firm posted a blog on what you need to know about asbestos and home renovation. She pointed out that asbestos is now the single biggest cause of death from work-related disease, and that on 4 April 2018 the new regulations governing asbestos came fully into effect. What is probably not fully appreciated is how widespread the use of asbestos was during the period from 1940 to 2000.

By Geoff Hardy - 16 Nov 2018

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Changes ahead for relationship property

Changes ahead for relationship property

The Law Commission has just published its report about suggested changes to the Property (Relationships) Act 1976.

By Surendra Bennett - 12 Nov 2018

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What to do when the Union comes knocking at your door

What to do when the Union comes knocking at your door

Since the new government came into power 12 months ago, Unions have been particularly active. Nurses, teachers and court staff have all taken strike action this year.

By Claire Mansell - 1 Nov 2018

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The liquidators want you!

The liquidators want you!

Many people are surprised as to the extent of liquidators' powers of investigation. Those powers can on occasion come in the form of an application to the High Court under section 266 of the Companies Act.

By Tony Johnson - 25 Oct 2018

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