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2 weeks ago | 
hcamag.com | Fiona McMillan |Andrew Shaw |Andy Bell |Abby Lohrey
Frustration of employment agreement
In the decision of DQJ v.
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2 months ago | 
hcamag.com | Elisabeth Giles |Andrew Shaw |Fiona McMillan |Andy Bell
Enforceability of forfeiture clause address in recent Employment Court decision
Employers seeking to recover damages from an employee who fails to work out their notice period need to meet a range of conditions for it to be enforceable.
The Employment Court has recently determined that a clause requiring an employee to give one month’s notice of termination or, in the alternative, forfeit a month’s salary/wages (forfeiture provision) was unenforceable.
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Sep 25, 2024 | 
lexology.com | Tamsin Woolf |Holly Struckman |Andrew Shaw |Andy Bell |Fiona McMillan
While the threshold for overturning a Record of Settlement is high, a recent case highlights the importance of employers being mindful of mental capacity concerns when entering into settlement agreements. As an employer, it is prudent to take a moment to assess whether the employee has any known medical conditions that could affect their capacity or is exhibiting signs of distress or confusion beyond the usual stress associated with employment matters.
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Aug 13, 2024 | 
lexology.com | Andrew Shaw |Fiona McMillan |Andy Bell
Failing to follow a fair process when dismissing an employee could result in their re-instatement, as highlighted by a recent Employment Relations Authority case. The Authority has ordered the reinstatement of a former Fonterra employee who was dismissed after Fonterra believed he was “associated with gangs.”[1]The case is a useful reminder of the importance of conducting a fair and impartial investigation where serious misconduct is alleged.
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Jul 3, 2024 | 
globalcompliancenews.com | Benjamin Ho |Matías Gabriel Herrero |Andrew Shaw |Daniela Liévano Bahamón
In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever.
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Apr 3, 2024 | 
lexology.com | Andrew Shaw
Union representatives rallied outside the Court of Appeal in Wellington last week in anticipation of the Court of Appeal’s decision on whether Uber drivers are employees or contractors in law. The two-day hearing followed a ‘landmark’ 2022 Employment Court decision, which found that the drivers in that case were in an employment relationship when driving for Uber businesses.
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Feb 26, 2024 | 
lexology.com | Andrew Shaw
Former Te Whatu Ora – Health New Zealand (TWO) employee Mr Y has unsuccessfully sought an interim order restraining TWO from continuing with an employment investigation and/or finalising a decision regarding potential disciplinary action against him. In late 2023, Mr Y was charged with dishonestly taking vaccination data from TWO, which has since been leaked on the internet. So far, at least 12,000 people have had personal information released as part of the 2023 leak.
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Jan 22, 2024 | 
lexology.com | Andrew Shaw
Click here to watch the video. Special thanks to presenters Andrew Boyd, Andrew Morreale and Haran Viswanathan. Tune in to our latest quick chat where we outline what employers need to know about Canada’s augmented mandatory reporting rules for tax in certain transactions. This is tailored for tax professionals, lawyers, compliance officers, General Counsel, and Canadian business leaders involved in drafting and reviewing contracts (purchase agreements, minutes of settlement, etc.).
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Sep 14, 2023 | 
besttoppers.com | Andrew Shaw
Embarking on the television landscape with a splash of wit and intrigue, the upcoming Fox game show “Snake Oil” is poised to redefine entertainment. Set to captivate audiences in the fall of 2023, this innovative series offers a compelling blend of entrepreneurship and deception, where contestants navigate the fine line between real ventures and snake oil peddlers.
