Rainey Collins Lawyers

Social media catches out dishonest employee…

Friday, 14 June, 2013 | Employment

In a recent Employment Relations Authority decision an employee who brought a personal grievance for unjustified dismissal has failed to recover any compensation despite the dismissal being found to be unlawful.

The employee was moonlighting from home and competing with the employer.  The employer also suspected stock was being stolen.  The employee had accidentally left her Facebook page open on her work computer which showed she was treating her… Continue reading

Thinking about transferring properties to your trust…make sure your trust set up still suits you…

Friday, 14 June, 2013 | Property, Trusts

Sally and Jim had a family trust that they set up many years ago.  They had set up the trust so that their children were the discretionary beneficiaries and the final beneficiaries.  At the time they set it up, they had only just had their first child, and the trust simply held their family home.

Earlier this year they bought a rental property in the name of the trust… Continue reading

Unfair dismissal for buying discounted goods…

Tuesday, 11 June, 2013 | Employment

An employee dismissed for buying items that she had marked down has won her unjustified dismissal claim in the Employment Relations Authority and more than $16,000 in wages and compensation.  The employer alleged that buying goods that an employee had marked down was contrary to the workplace policies.

The ERA found the dismissal to be unjustified because the policies were unclear and had not been put in writing.  In… Continue reading

Trust Law under review – how it might affect your Trust …

Friday, 7 June, 2013 | Not for Profit

Nearly a decade ago, charitable trusts made up around 15 percent of not-for-profits in New Zealand, with the majority of not-for-profits being unincorporated societies. This suggests that charitable trusts may be under-utilised, possibly because the law surrounding them is seen as being too complex.

The Law Commission is currently reviewing the law of trusts, and wants to modernise, streamline, and clarify the law. The review is in three stages… Continue reading

Calculating pay for a day in lieu…

Friday, 7 June, 2013 | Employment

When paying an employee for a day in lieu it is important to pay at the correct rate.  Check the employment agreement to see if that sets out what the normal daily rate is.

If not look at what the worker would normally have worked if they had not been away on a day in lieu.  If that day would be x hours then the day in lieu should… Continue reading

Separation…My Inheritance…is it mine? Is it ours?

Thursday, 6 June, 2013 | Family, Relationship Property

Betty and Bill had been married for 35 years. During their marriage Bill inherited $300,000.00 from his late father. Betty and Bill put the inheritance money into a term deposit which was held in their joint names. The parties separated 5 years later.

What is the status of the inheritance funds and how should these funds be divided?

The general rules are:

• Relationship property ought to be

Very important changes to the way your home is insured – this will affect every homeowner…

Thursday, 6 June, 2013 | Insurance, Property

Generally in New Zealand your current insurance will be full replacement based on the square metre area of your home.  The majority of insurance providers are no longer offering replacement insurance and when your policy is up for its annual renewal (or when you purchase a new property) your policy will change to a maximum sum insured value.

Replacement Insurance vs Sum Insured

To explain the difference… Continue reading

Failure to cancel redundancy costs employer over $18K…

Thursday, 6 June, 2013 | Employment

A redundant worker took a personal grievance against her employer and has been awarded over $18,000 in lost wages and compensation for unjustified dismissal.

The employer was selling its business and the new employer did not require the employee so she was made redundant.  She was only given two weeks notice when her contract provided for four weeks.

After she had stopped work (but before the correct notice… Continue reading

Different funds for different reasons – types of funds under the Unit Titles Act 2010

Wednesday, 5 June, 2013 | Agent Care, Property

Ava and Nick are looking at buying a unit titled apartment.  Before they signed an Agreement for Sale and Purchase, they wanted the vendor to obtain details of accounts and funds held by the Body Corporate, so they could get an idea of whether the Body Corporate would be able to fund any future works required on the building or whether extra levies would be required.

They discovered that… Continue reading

Monday, 27 May, 2013

Rainey Collins’ Partner hosts Deputy Prime Minister

Wednesday, 1 May, 2013

Structuring Post Settlement Governance Entities (or PSGE’s)