Rainey Collins Lawyers

Poor process costs employer a total of $20,000…

Friday, 18 May, 2012 | Employment

An employer who failed to consult the employee during a redundancy process has had an order made against it for $10,000 compensation by the Employment Relations Authority.

The ERA held that the redundancy was genuine, that consultation would not have resulted in the employee retaining their job, and that there were no lost wages payable as a notice period had already been paid. 

However, the failure to consult… Continue reading

I give my hand in marriage – but not necessarily my taonga…

Tuesday, 17 April, 2012 |

In any relationship breakup, and these days this is not restricted to the legally married variety, the loss of treasured family heirlooms or taonga can be easily avoided if steps are taken by spouses/partners to have family heirlooms and/or taonga kept separate.

As a general rule, when a marriage, civil union or de facto relationship of three years or more comes to an end, each party is entitled to… Continue reading

How to prevent your ex-employee walking off with your business?

Tuesday, 17 April, 2012 | Employment

How will you protect your client base and confidential information if your employee leaves to go to a competitor, or to set up on their own?

Restraint of trade clauses are regarded by the Courts as contrary to public policy, and will only be enforced to the least extent possible to protect the employer’s business.

In a recent situation two senior employees decided to set up a competing… Continue reading

Changing your Operational Rules … what you need to do …

Wednesday, 11 April, 2012 | Property

A Body Corporate in central Wellington recently decided to change its operational rules pursuant to the changes that arose from the Unit Titles Act 2010.  One unit in the complex was for sale, and the vendor had given the purchaser a copy of the new operational rules before they signed an Agreement for Sale and Purchase to purchase the apartment.

When the purchaser’s solicitor searched the title they found… Continue reading

Failure to disclose name of complainant results in over $14,000 payment to sacked employee…

Wednesday, 11 April, 2012 | Employment

A wrongly sacked employee was awarded over $14,000 by the Employment Relations Authority in a recent case.  The employer had received a written complaint from a customer alleging that the employee had been seen stealing cash.

The employee was questioned by the employer and denied the theft, but was sacked that day. 

Unfortunately for the employer they had not told the employee the identity of the complainant, or… Continue reading

Dangers of interviewing the employee alleged to have done wrong…

Wednesday, 11 April, 2012 | Employment

A common process failure that leads to trouble for employers is interviewing the employee who may have done something wrong.  This usually happens early in the process while the employer is trying to find out what has happened, and if a disciplinary investigation should be carried out.

Unfortunately, this is the wrong process, and results in trouble when the employee alleges that they were taken by surprise and ambushed… Continue reading

What can I do if I have been left out of a Will?

Monday, 26 March, 2012 | Wills, Wills & Estates

It is a very stressful time when a relative or close friend dies, but this can be made even worse if you find out that you have been unexpectedly left out of a Will.  There are a number of different ways that you can apply to the Court for a share of an estate.

1.  Promises

If you have performed a service or have done work for the… Continue reading

Left out of a Will?

Monday, 26 March, 2012 | Wills, Wills & Estates

You may still have a claim even if you have been left out of a person’s will or you have not been provided what you expected or something you were promised.

Here are the ten most common ways people leave their wills open to challenge.

1. Where the deceased is your de facto partner you may bring a claim under the Property (Relationships) Act 1976.
2. Where the

Make sure you put it in your Will!

Monday, 26 March, 2012 | Wills, Wills & Estates

An elderly woman verbally told her good friend and caregiver of many years that she wanted her to have all her jewellery when she died.  She repeatedly said this. 

The elderly woman died, leaving a Will, which made no mention of the jewellery going to her friend.  Although the friend received a gift of money under the Will, this did not compare to the sentimental value that attached to… Continue reading

Monday, 14 May, 2012

Rainey Collins Partner approached to provide legal information to the Dominion Post

Tuesday, 3 April, 2012

Rainey Collins congratulates Ngati Porou on Treaty Settlement achievement