Retentions Must Be Returned – The High Court Confirms
Retentions under a subcontract are held on trust by the head contractor for the benefit of the subcontractor. If retentions are withheld, contingent on anything other than the subcontractor’s performance, they must be released immediately, as this is considered void and unenforceable. In Stevensons Structural Engineers 1978 Ltd (in liq) v McMillan & Lockwood (PN) Ltd & […]
Court takes Uber for joyride: but Government pulls the handbrake
The Court of Appeal has found four drivers were employees of Uber when they were logged into the Uber driver app. While Uber was successful in its challenge to the approach taken by Chief Judge Inglis of the Employment Court, the Court of Appeal agreed the result reached was correct. This is a landmark decision, […]
Employment Court widens the definition of gross earnings – Employers beware
Payments may now be part of ‘gross earnings’ despite being labelled ‘discretionary’ and as such be liable for inclusion in the calculation of holiday pay. Gross earnings provide the basis on which an employer calculates an employee’s annual holiday pay. If an employer does not get this calculation right based on a misunderstanding of what […]
Redundancy – Don’t Jump the Gun!
The Employment Relations Authority’s recent decision in Buckingham v St John (“Buckingham”) serves as reminder for employers to ensure their redundancy policies and procedures are sound. What started with some “minor procedural inadequacies” on behalf of employer St John led to an unfortunate misunderstanding with employee, Ms Buckingham, regarding the redundancy package set out in her employment […]
COVID-19 vaccinations in the workplace: Obligations for Employers (Part 1)
Introduction: New Zealand’s vaccination rollout has gathered pace with approximately 782,000 Kiwi’s now fully vaccinated. As vaccination rates increase with the availability of the Pfizer vaccine (Vaccine) and the anticipated easing of some border restrictions, a number of questions from employers and employees will arise about their obligations and rights when it comes to workplace […]
Practical Ways of Recovering a Debt: Letters of Demand
From time to time you may need to take formal steps to recover a debt owed to you in the course of providing your services. For example, you may enter a contract to provide transport for private hire, and/or have clauses which require the customer to reimburse for any damage or cleaning requirements after services […]
Restraint of Trade Clauses in Employment Agreements – Enforcement remains available to employers.
The Employment Relations Authority (“the Authority”) decision O’Brien v Discovery New Zealand Ltd issued a firm reminder that properly drafted restraint of trade provisions can and will be enforced against employees seeking to jump ship. Former Political Editor for NewsHub, Tova O’Brien (“Ms O’Brien”) sought to end her employment with Discovery (Newshub’s parent company) at the conclusion […]
Lease Renewals – Not as simple as you might think…
A right of renewal provides a commercial tenant with the option to enter into a new lease with a landlord when the current lease expires. If a tenant fails to give notice of intention to renew the lease, the risks can be significant. The tenant may lose the right to renew and the ability to […]
Investments, Gifts And Business Interests
What impact does separation have on my or our business interests? Separation can impact your business interests. For example, if you have shares in a company that you have acquired during your relationship, your ex-partner is presumed to have an equal entitlement to them when you separate. This applies even though your ex-partner may have […]
Workplace Employment Investigators Require a Licence or Practicing Certificate
There has been a recent, and significant, clarification of the licensing requirements for employment investigators. Independent employment investigators are often appointed by employers to assist in the investigation of employee misconduct, particularly where there are allegations of bullying or sexual harassment. There are a range of options for employers looking for someone to undertake an […]