In a recent Personal Grievance case, the ERA awarded an employee of less than 3 months around $20,500, plus interest, in compensation. Unfortunately for the employer, the employee, through her lawyer, had offered to settle the grievance for a lot less – but the employer had refused!
To add insult to injury, the settlement offer was contained in “without prejudice save as to costs” correspondence. Normally without prejudice material… Continue reading
Employees who have been under or not paid may be worried that the employer may be unable to pay. If this is the case, how can the employee expect to recover those wages?
In a recent case, the employer claimed that it had no money to pay outstanding wages. The ERA did not accept this as an excuse and awarded over $4,000 in unpaid wages to an employee. This… Continue reading
Sally recently purchased a unit titled apartment. After hearing from a neighbour that the Unit Titles Act 2010 was going to be changed again, Sally was concerned. She wondered how the changes would affect her…
Sally’s neighbour is correct that a Bill aimed at clarifying and streamlining aspects of the Unit Titles Act 2010 (“the Act”) recently passed its third reading in Parliament. It should be passed into law… Continue reading
A former employee claimed a right under the Protected Disclosure Act to retain confidential information relating to a patient in the care of the employer.
The former employee claimed that crimes by other staff members had been committed against the patient and that no action had been taken by the employer. The former employee believed that she was entitled, and needed, to retain the confidential information for future disclosures… Continue reading
A new employer decided to upskill some staff. This resulted in one employee not being offered any shifts in the following week’s roster. After the employee was advised of this, he finished his shift early and then didn’t turn up for his next rostered shift – in neither case did he discuss this with the employer.
The employer decided that the employee had abandoned his role and so completed… Continue reading
Sally owns a small cottage which is next to the local Council owned reserve. A white picket fence on the boundary of the properties separates her house and the field. The condition of the fence had deteriorated over time and Sally contacted the Council to ask them to contribute towards the cost of building a new boundary fence. She assumed that the Council was liable to do so like any… Continue reading
For 94 years Rainey Collins has been serving its clients and we have heard a multitude of excuses as to why people haven’t got around to making a Will or updating their existing Will.
Here are some common excuses:
- “I really don’t own anything anyway … do I?”
- “It always seems to be in the “too hard” basket …”
- “I didn’t know I needed one
Peter was 25 and had been contributing to KiwiSaver since he started working in 2008. He had been dating his girlfriend, Becky, for about eighteen months when very sadly he died in a tragic accident. Peter had never made a Will. He thought he didn’t have any assets as he had overlooked his KiwiSaver funds.
If a person dies without a Will this means that his or her estate… Continue reading
The Personal Property Securities Act, which came into force over 10 years ago, was intended to give greater clarity and certainty to the laws about lending and borrowing money. However, due diligence is still important for parties dealing with security interests, as the following example shows.
Don’s company Supply Co was a regular supplier of goods to Trading Co, and held a general security agreement over Trading Co’s assets… Continue reading
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