The Sunday Star Times led with a front page article "Bayleys agent Tonya Spicer was sacked after police 'leaked' unlawful information to her employer”. The headline article continues with surprise that Ms Spicer, having been found not guilty of supplying methamphetamine could then be sacked by her employer.
Most employers won’t relish the idea of having to fire someone. However, sometimes an employee’s actions (or inactions) may be so serious that the decision to terminate the employee’s employment might not appear to be a difficult one.
A High Court judge has held that a mutual duty of good faith is implied in every insurance contract. Damages may be awarded for breach of that duty.
Transferring public holidays is always a fun aspect of the holiday payroll, and 2016 is no exception.
The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980.
Hesketh Henry has received the following recommendations and commentary in the high profile Legal 500 Asia Pacific 2017 directory.
FORM COUNTS UNDER THE CONSTRUCTION CONTRACTS ACT - Auckland Electrical Solutions Ltd v The Warrington Group Ltd  NZHC 2245
This case highlights the importance of form when issuing a payment claim and the effect of an inadequately formed payment claim on a summary judgement application for outstanding sums.
From July 2014 to August 2015, The Warrington Group Limited (Warrington) engaged Auckland Electrical Solutions Ltd (AES) to carry out electrical work for a construction project. AES sent invoices totalling $83,599.57. Payment by Warrington and credit notes in favour of Warrington left $8,659.83 outstanding. AES claimed the invoices were payment claims and sought summary judgement in the District Court under the Construction Contacts Act 2002 (the Act) for the outstanding amount and associated costs.
Different types of employment require different employment agreements. Unfortunately, the types are sometimes misunderstood and the wrong type of employment agreement used – this can lead to all sorts of trouble down the track! This article gives you a quick overview to set the record straight.
A bill has been introduced to Parliament to make clear that the new retentions regime for construction contracts only applies to contracts which have been entered into, or renewed, on or after 31 March 2017. Once the regime comes into force, parties may agree that it applies to earlier contracts. The Regulatory Systems (Commercial Matters) Amendment Bill had its first reading on 18 October 2016.
In this insurance law update we summarise significant decisions released in 2016 so far.
What is a warning in the employment law context and how do you issue an employee with a warning that will stick? It is not as straightforward as you may think.
How will the changes to the Construction Contracts Act 2002 affect Architects, Engineers and Quantity Surveyors?
Obviously, we all hope that we never have to deal with an incident in the workplace. But equally, we know that accidents do happen. With the new Health and Safety at Work Act 2015, the rules around notifications have changed. So what do you have to notify? When? How?
So unless you've been living in a cave for the last few weeks (and hey, we're not judging your choice of school holiday entertainment), you've probably become aware of Pokémon Go. Indeed, statistically, there's a good chance you're a Pokémon Go player yourself. For those not in the know, Pokémon Go is a web-based app that allows players to catch, train (and battle with) collectable digital creatures, which are animated on your smartphone, and can be superimposed on your actual surroundings as you catch them. The game has, over just a few weeks, become immensely popular and is hugely addictive. In fact, it’s so popular that we're starting to see reports of players injuring themselves by being so distracted that they wander into traffic, or in one report, off a cliff. When a rare Pokémon appeared in New York's Central Park recently, traffic chaos ensued as players simply abandoned their cars where they were, in the middle of the crowded streets, and the drivers raced off to catch the virtual creatures. Justin Bieber’s presence, reportedly, nearly went unnoticed.