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Commercial Tenancies - Parting with Possession

Written by Ben Hickson on November 11th, 2012.

Obtaining landlord consent to an assignment or sublease of your lease is a standard requirement for commercial tenancies. While a tenant wishing to exit a lease will generally remain liable for the extent of the term of the lease (even following an assignment), a savvy outgoing tenant will try to improve its position by negotiating a release of its liability in place of new securities from an incoming tenant.
 

Employment News, Legislation Update

Written by Jim Roberts on October 26th, 2012.

LEGISLATION UPDATE
What's new in the world of employment-related legislation? A real mix of developments in legislation dealing with adventure tourism, parental leave, the controversial "starting out wage", rest and meal breaks coming under review, public holidays, and constructive dismissal. We also have the names of the new Authority members. Read on...
 
Topics: Employment Law
 

Employment News, October 2012

Written by Jim Roberts on October 26th, 2012.

Watch This Space!
Since our last edition of Employment News, we have learned of two important cases before the Employment Court regarding KiwiSaver contributions and Equal Pay for women. There are also further developments in the long-running Ports of Auckland saga that caused so much mayhem earlier this year.
 
Topics: Employment Law
 

Public Sector Changes – Protection, Control and Redundancy

Written by Jim Roberts & Michael O'Brien on October 26th, 2012.

The government has introduced a Bill to change aspects of employment law for public sector employees.  Some commentators have remarked that the Bill ‘sets off the snooze button’, while others believe it makes significant changes.  While not necessarily a particularly exciting topic, the Bill does seek to implement several changes that public sector employers and employees should be aware of.
 
Topics: Employment Law
 

Employee Benefits - which Employer carries the can?

Written by Jim Roberts and Michael O'Brien on October 26th, 2012.

When a ‘vulnerable’ employee elects to transfer employers under Part 6A of the Employment Relations Act 2000 (“Act”), all their employment entitlements transfer with them.  The new employer becomes liable to pay all of those accrued benefits.  Has the old employer got off scot-free?  Can the old employer prevent recovery by saying that the new employer passed on the cost of the entitlements to the end client?  Is the old employer still liable to the new employer?  
 
Topics: Employment Law
 

Whats Up with Constructive Dismissal

Written by Jim Roberts & Michael O'Brien on October 26th, 2012.

In a matter of months the Minister of Labour has stated that she intends to review the law regarding constructive dismissal, a couple of constructive dismissal cases were reported in the media, and Chief Judge Colgan raised constructive dismissal during an address to lawyers at a recent forum.  So what’s up with constructive dismissal?
Topics: Employment Law
 

Early Morning Shop leads to Health and Safety Nightmare

Written by Alison Maelzer on October 26th, 2012.

Many of us know that supermarket shopping with children can be a trying experience.  However, a trip to Lower Hutt Pak n’ Save became something of an early-morning nightmare for a father and his 10 year old son late last year.  The two were at the supermarket at opening time, 6am, and were going about their shopping when...
 
 

Major Workplace Health and Safety review and consultation

Written by Alison Maelzer on October 26th, 2012.

New Zealand has one of the highest workplace death rates in the OECD.  For the first time in twenty years, a significant review of New Zealand’s entire workplace health and safety system is underway.  An independent, specialist Taskforce has been set up to review the whole system of education, regulation, and enforcement, in an effort to address New Zealand’s comparatively poor health and safety record.  The rate of workplace fatalities and injuries in NZ is higher than that of the United Kingdom, Norway, Canada and Australia.  The Taskforce is to establish how to address this.
 

Crest Cleaning Refuses to Transfer Vulnerable Employees

Written by Alison Maelzer & Ashley Ayton on October 26th, 2012.

Either Crest Commercial Cleaning (“Crest”) are on a crusade against Part 6A of the Employment Relations Act 2000 (“Act”) or Part 6A has unfairly rallied against Crest.  The object of Part 6A is to “provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person”.  This is achieved by giving employees “a right to elect transfer to the other person as employees on the same terms and conditions of employment” as before.  Seems pretty simple, right?  Apparently not.
 
Topics: Employment Law
 

Carter Holt Harvey Limited v McAuley

Written by Jodi Sharman on August 11th, 2012.

Fixed Term Employment Agreements
Section 66 of the Employment Relations Act 2000 (“ERA”) allows an employer to employ an employee for a fixed term. There are, however, various prerequisites, set out briefly below.
 
Topics: Employment Law
 

Gambling on Sponsorship

Written by Julika Wahlmann-Smith on August 11th, 2012.

New Zealand's size and geographical proximity to Australia has resulted in a number of trans-Tasman sporting events. This trans-Tasman rivalry offers fantastic visibility opportunities for sponsors in two jurisdictions rather than one.
 

Competing claims scuppered: A ship repairer’s priority rights following the ship’s arrest and sale

Written by Alan Sherlock on August 11th, 2012.

Alan Sherlock, Partner at Hesketh Henry, has been involved in a number of Admiralty cases, and has experienced the following recent success.
In Babcock Fitzroy Limited v The Ship “The M/V Southern Pasifika” [2012] 2 NZLR 652, the High Court ruled in favour of the plaintiff (“Babcock”), in what is now the leading New Zealand case on its particular issue.
 
Topics: Marine Law
 

Completing the Deal

Written by Kate Telford on August 11th, 2012.

This article explains some of the key steps involved in "getting deals done" in the current economic climate, particularly where there is a need (which is often the case) to fill the gap between what a owner wants for their business and what a purchaser is willing to pay.
 

Legislation Update - July 2012

Written by Jim Roberts & Michael O"Brien on July 27th, 2012.

What’s new in the world of employment-related legislation? A real mix of developments in legislation dealing with adventure tourism, parental leave, the controversial “starting out wage”, rest and meal breaks coming under review, public holidays, and constructive dismissal.  We also have the names of the new Authority members.  Read on…
 
Topics: Employment Law
 

No more Gift Duty - So what?

Written by Loren Gerbich on November 11th, 2011.

The New Zealand government may have been viewed by some as Santa heralding Christmas early when it announced in November 2010 that the 125 year old gift duty will be abolished effective 1 October 2011. But what does it mean for the small business owner? Does it really herald a better opportunity to shield family assets from potential business risks?
 
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