An employee was held to have abandoned his employment by not showing up for work. The employee was sick on the Thursday he was required for work. His next day of work was the following Tuesday, and he sent a text message to say he would not be in. The employer then phoned him for an explanation, which was not given. Instead the employee swore at the employer.
Following… Continue reading
Following changes that came into effect from 17 June 2014, sellers must be clear if they are “in trade” when they sell items online. This helps consumers know what rights are available to them. If sellers fail to clarify their trader status, they risk being penalised by the Commerce Commission.
Sellers will need to work out whether they are “in trade” or not.
You are probably “in trade”… Continue reading
The Employment Relations Authority has upheld a personal grievance claim for unjustified dismissal, unpaid wages, unpaid sick leave, unpaid bereavement leave, unpaid holiday pay and compensation.
The employer claimed the employee was a casual but no employment agreement was ever signed and the employee worked regular hours, almost full time each week.
He was never paid any holiday pay, sick leave or bereavement leave and was short paid… Continue reading
Natalie and Andy were looking at buying their first home. They wanted to do as much homework as they could before signing an Agreement to buy a property so they could make a ‘clean’ offer if at all possible. This would mean the offer would be more attractive to the vendor as there would be no conditions to be confirmed before they would be bound to go ahead and purchase… Continue reading
Rebecca had an active Facebook page where she posted numerous pictures and kept in touch with people. Her husband Tom had his own Facebook page but did not use it much, instead the couple mainly used Rebecca’s account to keep in touch with family and friends.
Similarly Rebecca was responsible for purchasing apps, eBooks, movies and music and they had a large digital collection. Again, Rebecca organised all of… Continue reading
In a recent case a debtor company was served with a Statutory Demand. It did not respond to the Demand and the creditor filed an application to liquidate the debtor company.
Once the application was filed, the debtor company managed to negotiate with the creditor and the creditor agreed to withdraw its application from the Court.
However, two other companies, that were owed money by the debtor company… Continue reading
The Employment Relations Authority rejected a personal grievance claim because it held the Plaintiff was not an employee.
The Respondent sought costs but failed to provide evidence of its actual costs incurred, despite an order from the ERA that it file that evidence. The notional daily tariff for costs of $3,500 would only be appropriate if the actual costs were at least that amount.
The ERA held it… Continue reading
In a recent case a company applied to make a debtor bankrupt for a relatively small debt of $7,000.
The debtor appeared in person at Court for the application. He explained that he was on a sickness benefit and unable to pay.
The judge stood the matter down while the debtor received advice on the no asset procedure.
The no asset procedure is an alternative to bankruptcy… Continue reading
Restraint of trade clauses, or “non-competes,” are used by employers to prevent employees from leaving and setting up in competition down the road.
In many cases, they are vital clauses to have. Such clauses provide remedies against way-ward employees who would otherwise leave their employer in the lurch and take off with trade secrets and client lists. When used in combination with intellectual property and confidentiality clauses, the individual’s… Continue reading
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