Christmas work parties are now in full swing. Many
commentators are reminding employers that they could face liability
if employees are hurt, or hurt others, when under the influence of
alcohol supplied at work functions. Drink driving is a
particular concern, especially with lowered breath and blood
alcohol limits.
By Andrew Steele - 12 Dec 2014
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Disagreements are part of life. Knowing where to turn when
disputes turn nasty is crucial. Things can get especially difficult
if a disagreement concerns a lot of money or there are friends or
family involved.
A litigator's role is to help people resolve disputes and
navigate their way through the Court system. Finding a good
litigation lawyer can put your mind at ease and save you money in
the process.
By Claire Mansell - 19 Nov 2014
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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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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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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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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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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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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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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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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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