Where the evidence demonstrates a commitment to act in accordance with tikanga, an employer should be obliged to do so.

In this article, Cree outlines the relevance of tikanga/tikanga values within employment law. 

As an employer, it can be difficult to know what to do when faced with allegations of a serious nature.  Allegations could form an employee’s formal complaint of bullying and/or harassment, or they could be the employer’s own concerns that an employee has engaged in serious misconduct.

An employer needs to determine whether an investigation is required to then be in a position to make an informed decision about what to do next.

In this article, Chantelle provides a glimpse into the process of a workplace investigation, the circumstances where an investigation could be required, and whether an internal or external investigation may be better suited.

Most years, McCaw Lewis sees a bit of a rush in the lead-up to Christmas, as people realise that most law firms shut down for the Christmas break, and scramble to sort out the things they may have been putting off.

Laura Monahan has a few tips to avoid that last-minute panic. 

After nearly a decade of litigation, the Supreme Court has dismissed appeals from the four former Mainzeal directors that they breached their duties under the Companies Act 1993.  So, what does it mean for company directors going forward?

Following on from our article “Is My KiwiSaver Relationship Property” we continue our Relationship Property series by addressing the question “is my inheritance relationship property”.

To answer this question, we need to understand the term known as “intermingling”.  Understanding what intermingling is, and how it occurs, will help ensure your inheritance is applied as intended. 

Employers need to be knowledgeable around sick leave entitlements and how to minimise the impacts of staff absences on the business.  This article covers employer’s obligations and answers some frequently asked questions from employers.

Following a relationship breakdown, the term “relationship property” becomes all important.  But what exactly does relationship property include?  In a series of articles, we will be considering this question in respect of the most common items of property that people hold in their relationships, starting with KiwiSaver.

The loss of a family member or an acquaintance can be one of the most difficult situations to face.  A surprise as to how the deceased has left their affairs, can often compound the stress and emotions being experienced. 

While the law assumes that a validly executed Will reflects the testator’s (willmaker’s) intentions, there are a number of legal frameworks to protect both the testator and those left behind.

The Court of Appeal has overturned a decision that the Māori Land Court has jurisdiction to hear claims against Post-Settlement Governance Entities (PSGEs). 

This significant decision impacts on future applications filed in the Māori Land Court relating to PSGEs.  The impact on future applications will need to be determined by the Judge hearing those applications on a case-by-case basis.  What will be relevant is the purpose for which a PSGE/Trust was established and the assets of the Trust at the time of establishment.

If you asked someone why they have insurance in the first place, the most common reaction is peace of mind.  However, a lack of caution can mean a breach of your insurance, with insurance companies commonly citing a “failure to take reasonable precautions” as a reason for the policy being breached, with cover being declined as a consequence.

An employment agreement is a fundamental document providing protection and clarity for both, an employer and employee. It is crucial that these agreements encapsulate the Important basics of any relationship.

While we are technically now in a recession, it’s good practice for employers to consider how their business may be impacted and what that means for them and their employees.

When it comes to entering into Records of Settlement with former employees, there is often some agreement around what is or is not to be said.  This might include whether written references are to be given or perhaps agreement not to provide any reference or comment at all.

The Government has introduced the Natural and Built Environment Bill and the Spatial Planning Bill – which together make up two of the three components that will replace the RMA and ultimately act as our new resource management system.

Once an iwi has completed its settlement process, the next stage is to consider what structure will best manage and utilise settlement assets. In the third of this series, Jessica Middleton looks at custodian trustees, which can be a simple, cost-effective solution to some of the technical issues faced by trustees of a post-settlement governance entity.