In a recent case, a creditor had a summary judgment of over $380,000 set aside because the requirements for personal service set out in the High Court rules were not followed.
Under the rules, the process server was to personally serve the debtor. The process server’s affidavit stated that he left the documents on the front doorstep of a property occupied by the debtor, and that he could see… Continue reading
The Privacy Commissioner has released a new resource for those developing apps. The resource canvasses how the Privacy Act applies to those collecting personal information through mobile applications.
Apps often collect large amounts of information on users. How personal information is collected, stored, and used is important. If information isn’t properly looked after, businesses supplying apps risk breaching obligations under the Privacy Act.
Users are becoming wise to… Continue reading
The Employment Relations Authority has upheld a personal grievance for unjustified dismissal from an employee who was told there was not enough work for her and given her notice of redundancy at that time. There had been no prior process followed.
The ERA held that the redundancy was genuine due to declining sales and insufficient work for the three employees who did the same work as the dismissed employee. … Continue reading
A student was suspended by the Principal for continued disobedience of the school’s hair rule (short, tidy, off the collar, natural colour, out of the eyes, no extremes – plaits, dreads, mohawks).
The suspension was upheld by the Board’s disciplinary committee.
The High Court has held the suspension to be unlawful. The continual disobedience was not shown to be harmful or a dangerous example to other students at… Continue reading
Phil and Rebecca Jones were in their late forties with two teenage children. Both Phil and Rebecca were working fulltime, their children were at the stage of becoming more independent and their lives in general were going well.
Phil had been feeling healthy within himself and it came as a shock to his wife and his family when they were called to say that Phil had suffered a brain… Continue reading
The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal after an employee was dismissed for safety issues.
The ERA held that the process followed was unfair because the manager who carried out the investigation and dismissal was himself a witness to events, had been guilty of the same safety breaches he was alleging (without being disciplined), had failed to put allegations to the employee fully… Continue reading
A woman who recorded intimate video footage of an ex-partner, and then attempted to blackmail her ex during a dispute over childcare, has been convicted of blackmail and sentenced to 6 months community detention and 120 hours of community service.
The case highlights how inappropriate behavior and dirty tactics during family disputes are not okay – and could be criminal.
The woman’s actions are likely to undermine her position in… Continue reading
An employer was dissatisfied with an employee’s performance and advised the employee he was not going to keep him past the 90-day period. Unfortunately for the employer the employment agreement did not contain a 90-day trial clause.
The Employment Relations Authority held there was no proper process followed and the employee was called to a meeting with no idea what it was about. There were no formal warnings given… Continue reading
Recently, an apprentice served his apprenticeship with a firm, then handed over his notice the day he was qualified! The employer had invested a lot of time and money into training his apprentice, and had just bought a new van for the apprentice to use. Now the employer is left high and dry, while the apprentice has gone off to another firm.
In this case, the apprentice was employed… Continue reading
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