Trial periods vs probation periods
A trial period is designed to ensure a new employee is a good fit for their employer. An alternative to a trial period is a probation period.
Business briefs
The Commerce Commission recently filed criminal charges against two construction companies and their directors for alleged bid-rigging of publicly funded construction contracts.
Whakaari/White Island eruption
Following the Whakaari/White Island decision, WorkSafe will likely seek full disclosure of all board documents before bringing similar future prosecutions.
Mainzeal decision
Taking on the responsibility of a directorship is not a decision to be taken lightly. For New Zealand directors, the magnitude of the director role has been hammered home with the decision of the Mainzeal case from the Supreme Court in late August.
New legislation gives better protection
The Construction Contracts (Retention Money) Amendment Act 2023 was passed on 5 April this year with the legislation coming into effect on Thursday, 5 October 2023.
Business briefs
This issue's business briefs are:
Lego wins trade mark dispute with Zuru;
Start Preparing for the Incorporated Societies Act 2022;
ESG and directors: The Companies (Directors' Duties) Amendment Act 2023 becomes law;
Business continuity planning
Once reserved for large businesses with a high degree of public dependency, such as banking, hospitals or utility companies, business continuity and disaster recovery plans have become increasingly important for businesses of all sizes.
What is the PPSR?
The PPSR is a searchable online register that records if a third party has a financial interest in the assets of individuals or entities. If you or your business leases or sells goods on credit terms, or if you have lent money to a third party, you should seriously consider registration on the PPSR in order to protect your business or yourself.
Business briefs
This issue's business briefs are:
Employment Court rules four Uber drivers are employees;
Facial recognition and the Privacy Act: balancing security and individual rights; and
Cartel conduct: Commerce Commission warns eight freight forwarding companies.
Business briefs
This issue's business briefs are:
Hiring migrant workers: What the new AEWV means for you;
Changes to the Holidays Act on the horizon; and
FMA review of ethical investing highlights need for improvement.
Contractors
From a legal perspective, hiring contractors has always been tricky. The onus of correctly identifying who is an employee versus a contractor, and ensuring legal compliance, remains an employer’s responsibility. The financial consequences of misidentification can be significant for a business owner.
Lease vs licence
Choosing the premises from which to operate your business can be daunting; it is essential that you know you are entering into the right type of agreement to suit your intentions. Leases and licences are common contractual arrangements.
Bonding agreements
Bonding agreements can be an incredibly useful tool for ensuring employers can recoup costs incurred for training staff. Used improperly however, bonding agreements may be unenforceable and – in some circumstances – be a clear breach of the Wages Protection Act 1983 (WPA).
Business briefs
This issue's business briefs are:
Mainzeal: lessons for directors;
Proposed changes to the Commerce Act; and
Incorporated Societies Bill.
To jab or not to jab?
While many Kiwis are queuing up and eagerly awaiting their Covid vaccinations, not everyone is willing to take ‘the jab’. Recent headlines of sacked border staff who refused their Covid vaccinations have highlighted the difficulty many employers will face in deciding if their staff can reasonably be required to be vaccinated.
Wellbeing Budget 2021: Key points
A better than expected economic recovery after the scourges of Covid has enabled the government to propose significant investment in health and welfare, housing (particularly for Māori), infrastructure to rebuild from the impact of the pandemic and to continue to make this country safe from the virus.
Raising capital for your business
The Covid pandemic has paved the way for innovation, and many New Zealanders spent 2020 investing time and money into their new or existing businesses.
Having a puff at work
New Zealand laws have finally caught up with vaping (also called e-cigarettes) that have, for some time, enjoyed freedom from the country’s strict tobacco regulation.
Business briefs
Covid relief key expiry dates for businesses in 2021, Toolkit for employing mature-age workers, Minimum wage increases on 1 April 2021, Government proposes sick leave increase, Working at Easter and ANZAC Day
COVID relief roundup
Since the pandemic arrived on our shores, the government has made available multiple types of financial relief; more than one may be available to your business.
OIO temporary emergency notification
In June, the OIO enacted a change that now requires all overseas purchasers of New Zealand business assets to submit a notification to the OIO before the transaction takes place.
Business briefs
The Privacy Act 2020 was passed on 30 June 2020 and comes into force on 1 December 2020.
The Wellbeing Budget 2020
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Government’s COVID-19 wage subsidy
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Business Briefs
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Employing people with a past
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Restraint of trade clauses
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements.
Business Briefs
Eminem - importance of IP indemnities in agreements / Mainzeal directors' appeal denied / Federated Farmers wants tougher labelling on plant-based products / New regulations impose licensing regime for insolvency practitioners.
The Wellbeing Budget 2019
The wider economy was looked after with increases in funding to KiwiRail, the establishment of a new venture capital fund, investment in science and research, and so on
PPSR lease losses
When the PPSR was established in 1999, most businesses were quick to catch on that it was a good idea to register security over goods that were sold under a line of credit. What wasn’t so easily recognised is that the register was designed to also capture leases of goods that are indefinite or extend past one year.
Business Briefs
Directors have personal liability for company debt in liquidation / Electronic signatures – uses and risks / The Tax Working Group: recommendations coming soon
Construction industry & its retentions scheme
High Court provides useful guidance for subcontractors
Business Briefs
Directors have personal liability for company debt in liquidation / Electronic signatures – uses and risks / The Tax Working Group: recommendations coming soon
Business Briefs
European Union: privacy law update / Commerce Commission action in respect of extended warranties / Workplace culture crackdown
Receivership of construction companies
Ebert Construction’s recent receivership is a reminder that not taking protective measures opens subcontractors up to recovery and enforcement issues.
Second thoughts
What happens when your employee wants to retract their resignation?
Business Briefs
Is your business infringing existing intellectual property rights? Do your homework...
Compensation for hurt and humiliation
Employers now, more than ever, need to treat their employees properly to ensure they do not face significant compensation awards for personal grievance claims.
A no surprises Budget
There are few surprises in the government’s 2018 Budget presented on 17 May, the first from Minister of Finance, the Hon Grant Robertson.
Flurry of employment law changes ahead
We outline the upcoming changes, announced on 25 January...
Great, you've found a business to buy
Looking to purchase a business? We can help!
Business Briefs
Website privacy, amendments to cartel laws, health and safety fines, multinational tax legislation...
Recovering undisputed debts
Often creditors are left wondering what happens if a debtor doesn't pay an undisputed debt. Find out how the court can assist you in recovering an undisputed civil debt...>
Business briefs
Employment (Pay Equity and Equal Pay) Bill - What could this mean for your business and employees? / Contract and Commercial Law Act 2017 now in force - Make sure your business documents comply / Security Cameras - When does surveillance become an invasion of privacy? >
Budget 2017 overview
The pundits were right. The Minister of Finance, the Hon Steven Joyce, presented his first Budget on Thursday 25 May and it was definitely a ‘steady as she goes affair’ with few surprises. >
Business briefs
It will all come out in the wash: non-compliance with minimum employment standards; Further Takeovers Code relief on the way for small companies; and Employee share schemes, your time is up. >
Shareholders’ agreements
Not all relationships were built to last forever, and even the most stable relationship amongst shareholders may waver. Issues may also arise unexpectedly, such as the death of a shareholder or... >
Business briefs
OIO changes to streamline the investing and consenting processes; and Limited partnerships become popular. >
Lender credit responsibility
Changes to the Credit Contracts and Consumer Finance Act 2003 brings greater focus on lender responsibility. >
Kaikoura earthquake
The Kaikoura earthquake was another reminder of the volatile and unpredictable nature of our land. We set out some guidance on points if you own, or are a tenant in, a commercial building potentially affected by earthquake damage. >
Business briefs
Alert: Put a start date on your employment contracts; Employee share scheme tax update; An unsettling agreement; and When does a director ‘live in New Zealand’? >
Director duties
The Court of Appeal recently revisited the all-important question of how far must directors go to ‘take all reasonable and proper steps’ when making decisions on behalf of a company. How far is far enough? >
Changes to construction law
The Construction Contracts Act 2002 (CCA) sets out a number of duties and obligations on both those commissioning building work, and those undertaking it. >
Redundancy and restructuring - update
Employers need to take care when proposing to make employees redundant. The recent Court of Appeal decision in Grace Team Accounting v Brake has confirmed a growing body of cases with the courts putting restructuring and redundancy decisions under increased scrutiny. >