Rainey Collins Lawyers

Expectations 2010

Thursday, 11 March, 2010 | Ronette Druskovich

After a quick review of the media, everything we are hearing about 2010 is much more positive than it has been for the last few years.  Here are a few predictions together with actions you may need to take:

Inflation:

• Should you be looking to fix your mortgage rate in the next 6 months?
• If your assets are likely to appreciate with inflation, should you look to move them into another entity now

Possible Compensation for Caring for Your Disabled Child

Wednesday, 3 March, 2010 | Olivia Lund

A recent tribunal decision has said that it is unlawful for the Ministry of Education to not pay family caregivers for looking after their disabled child.

The Human Rights Tribunal has declared that the Ministry of Education has breached the Human Rights Act.

The parents have been discriminated against because “they are not allowed to be paid for the services they provide to their child/children while anyone else providing the very same… Continue reading

Employees Sleeping on the Job Entitled to be Paid Minimum Wage

Friday, 26 February, 2010 | Olivia Lund

A recent decision of the Employment Court has held that employees who are required to ‘sleepover’ as part of their employment are entitled to be paid minimum wage for every hour they are required to work.

The case involved a claim by a disability support worker who was required to work “sleepover” shifts from 10pm to 7am, for which he got paid $34.  This amounted to $3.77 per hour, less than… Continue reading

Annual Chief Judge Speech to Employment Law Institute

Thursday, 11 February, 2010 | Alan Knowsley

Rainey Collins recently hosted the Chief Judge of the Employment Court, Graeme Colgan, when he delivered the traditional annual speech to Wellington and South Island members of the Employment Law Institute.  The Judge was welcomed and introduced by Institute President and firm partner Alan Knowsley.

The Judge spoke about the appropriateness of damages for non economic losses in the employment context and in particular damages for hurt and humiliation suffered.  He… Continue reading

Minimum Wage Increasing to $12.75

Wednesday, 3 February, 2010 | Olivia Lund

From 1 April 2010 the minimum wage rates are as follows:

• From $12.50 to $12.75 for the adult minimum wage, this applies to all employees aged 16 and over who are not new entrants or trainees.
• From $10.00 to $10.20 for the new entrants minimum wage, this applies to employees aged 16 and 17 except for those who have completed 200 hours or three months of employment, whichever is shorter; or who

$12,000 Payout to Worker Sacked for Drug Supply, Without Proper Process

Monday, 18 January, 2010 | Alan Knowsley

An employee who admitted supplying drugs to a fellow worker was dismissed has won $12,000 in lost wages (3 months) and compensation, due to the failure of his employer to follow the proper process in the investigation of the incident.

The worker admitted giving cannabis to a workmate out of hours, but the employer had no policy regarding out of hours drug use.  Its policy related to drugs at work.

In addition… Continue reading

Newstalk ZB Employment Talkback

Monday, 14 December, 2009 | Alan Knowsley

Partner Alan Knowsley has been answering listener’s employment law questions on Newstalk ZB (AM 1035) on Sunday mornings at 10:10am.  As well as fielding questions Alan has also been discussing actual case studies and answering questions from host Sue Bergin to give listeners a better understanding of the processes and pitfalls involved in dealing with employment law issues from the perspective of both employees and employers.

Alan’s last talkback of the… Continue reading

Handy Hints Regarding Use of Work Emails

Wednesday, 18 November, 2009 | Rebecca Sandri

Email, whether you love it or hate it, you probably use it in your workplace.  Who hasn’t used their work email to send a personal email or two, or forwarded a few “funnies”?  How many of us have forgotten that emails are a form of written correspondence and sent comments in emails you probably wouldn’t send in a letter or even say over the phone?

Many workplaces allow some degree of… Continue reading

Rainey Collins Partner Approached for Comment by Dominion Post

Wednesday, 18 November, 2009 | Alan Knowsley

Rainey Collins Partner, Alan Knowsley, was recently approached for comment by the Dominion Post regarding employees’ obligations in relation to personal use of a work mobile phone, computer or car.

To view the article click here

Employers’ Guide To Long Term Sickness

Friday, 16 October, 2009 | Alan Knowsley

Dealing with staff off work with long term sickness can be a difficult and stressful experience and unless you get the process right you could face a personal grievance or unjustified dismissal claim.  Here are the steps to follow after they have exhausted their sick leave entitlement and any annual leave that by agreement they take at that point (modified for each different situation), but please ensure that you follow… Continue reading

Thursday, 11 March, 2010

5 Golden Rules for Purchasing Property

Monday, 1 March, 2010

Long Awaited Bill Has Second Reading