Latest Articles

Zero Hour Contracts

17 November 2017

by Rebecca McLeod, Senior Associate

Availability provisions were in the headlines last year following the reaction of workers to what were termed “zero hour contracts”. These were contracts that did not guarantee any weekly hours for workers, but workers were prevented from working elsewhere.

The law was amended to prevent this and now we see its first application in the Courts. Unfortunately the Employment Court decision has not provided all the answers that we would have liked, but there are some useful points to take away from it.

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The safety of scrums, front-on defence, and your child

10 November 2017

by Mike Mitchell, Senior Associate Rugby Health & Safety

British academics Professor Allyson Pollock and Graham Kirkwood have come out and requested that tackling and other forms of “harmful contact” be banned from school rugby. World renowned neuropathologist Dr Bennet Omalu also recently called for parents to stop their children from playing contact sports until they are at least 18, or risk them suffering permanent brain damage.

When Dr Omalu came on New Zealand TV and started talking about the damage head knocks can have on children’s brains, my wife immediately paid attention. Master A is 6 months old and is our first born. “He’s not playing rugby”, said my wife. “What if he wants to play rugby”, I replied? “He’s still not”, she shot back.

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Can I take clients with me?

03 November 2017

by Alice Anderson, Solicitor Haircut

Employers in businesses that are dependent upon good relationships with clients in a competitive industry often wish to include restraints in their employee’s employment agreement.

There are two common types of restraints that we often see. These are:

  1. Restraint of trade: where the employee is prohibited from working in the same industry as the employer within a certain distance of the employer’s premises, for a certain amount of time after employment ends.
  2. Non-solicitation: where the employee is prohibited from ‘soliciting’ clients of their former employer, for a certain period of time after employment ends.

This article focuses on what a non-solicitation clause means in practical terms.

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A costly mis-steak?

27 October 2017

by Mary-Jane Thomas, Partner

It almost sounds like something out of Ramsay’s Kitchen Nightmares. Mr H was employed as a chef at a family run hotel. It was owned by Mr and Mrs D, and their daughter, S, and S’s partner T also helped manage the hotel. T often helped in the kitchen.

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A Lesson on Suspension

20 October 2017

by Rebecca McLeod, Senior Associate

The following decision is a good reminder that Employers need to ensure they follow their own policies and procedures when dealing with Employees.

A Court of Appeal decision involved a bus company (“R”) who suspended an employee (“M”) after he was charged with alleged sexual assault.

 

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