Tracking The Trend: Employee Interim Reinstatement Applications
Introduction In the wake of the rise of applications for interim reinstatement, the Employment Court has issued a decision reminding ex-employee’s raising a personal grievance that the ability to return to work pending resolution remains far from automatic. Scott v Damar Industries Limited [2025] NZEmpC 215 was a challenge to an Employment Relations Authority (“ERA”) decision which […]
From Joyride to Judgment: Supreme Court Rules Drivers Are Employees
The Supreme Court has confirmed that four Uber drivers are employees, not independent contractors, of the ride-share giant. However, for the many workers who have filed challenges to their employment status pending the outcome of this decision, the upcoming legislative changes will likely see the brakes pulled. Although the case relates to the gig-economy, the […]
New Law Protects Employees’ Right To Discuss Pay
In a move towards workplace equity, the Employment Relations (Employee Remuneration Disclosure) Amendment Bill (“the Bill”) has now come into force. The Bill seeks to protect employees who choose to (voluntarily) discuss or disclose their own remuneration. Its central goal is to ensure that workers can share information about their pay, if they wish, without fear of […]
To Suspend, or Not to Suspend: The Risks of Suspending Works
In the fast-paced world of construction, cash flow is king. But what happens when your client stops paying? Or they’re causing endless delays? For many contractors and subcontractors, the idea of suspending work seems like the obvious way to protect yourself. But pulling the pin too soon can backfire badly. Here’s why you need to […]
Managing Medical Incapacity in the Workplace
A Guide for Retail Employers In retail, staff absences can have an immediate impact on customer service, rosters, and team morale. Prolonged employee absences due to illness or injury present legal and operational challenges. In cases where there is uncertainty about whether an employee can return to work, employers may need to assess whether the […]
Why do I need a written agreement with my business partners?
The recent case of Venkataramanujam v Ramasubramanian [1] demonstrates how important it is to have a clear understanding of the obligations business partners owe each other and the point at which those obligations will end. Background The Venkataramanuiams (“the Vs”) entered into an unwritten joint venture with the Ramasubramanians (“the Rs”). The parties would invest in property and […]
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 & […]