Employers often look to restructures when economic uncertainty is looming. With that in mind it is vital employers fully understand their legal requirements if looking to restructure and make staff changes.
The Companies Act 1993 is New Zealand’s core piece of corporate legislation. The Act recognises that the taking of business risks is legitimate and that, in matters of business judgement, directors are permitted a wide discretion. However, in order to provide protection for shareholders and creditors against the abuse of management power, directors are also subject to a number of duties. If a director is found to have breached any of these duties they may be personally liable for any loss they caused.
In April 2022, the Incorporated Societies Act 2022 came into force, replacing the 114 year old Incorporated Societies Act 1908. The new Act is intended to modernise incorporated societies by setting out a framework of basic governance, legal and accounting obligations and to promote trust and confidence in societies. In particular, there is a focus on societies being run by, and being accountable to, their own members who are all working to achieve a stated purpose (and not for private gain).
It’s Christmas day – the most wonderful time of the year. You look under the tree and see that Santa has done it – he’s left the toy you’ve been longing for all year! But you open the box only to discover that it is broken.
A recent case heard by the Employment Relations Authority serves as a reminder that individuals, officers of companies and partnerships (including anyone who is able to exercise significant influence over the management or administration of these entities) can be held personally liable if the business breaches minimum employment law standards. e.g. fails to pay wages, holiday pay etc.