What is Mediation and is it right for me?
The first questions most people will ask when experiencing a dispute are - what are my options and how can this come to an end? Where parties are unwilling to resolve a dispute, a good and cost effective option is mediation.
Call It What You Want
Defining and understanding what relationship you have with a worker is important as each relationship brings different rights and responsibilities for the parties.
A Dunedin taxi company has been ordered to pay nearly $100,000 in wage arrears after the Employment Relations Authority (“the ERA”) found it had been wrongly treating four of its former drivers as independent contractors (rather than employees) in an attempt to save money.
The Perils of Parental Lending
It has become increasingly difficult for first home buyers to enter the property market in New Zealand. The amount of deposit required in most regions has increased significantly, with house prices growing at a fast rate in comparison to peoples’ incomes. Banks have put tighter controls on low deposit lending and a flow on effect is large numbers of first home buyers purchasing properties with the help of their parents. This is usually by them either acting as a guarantor on the mortgage or advancing funds as a gift or a loan to help with the deposit.
National Environmental Standards for Plantation Forestry
The National Environmental Standards for Plantation Forestry (NES-PF) set out national regulations to manage the environmental effects of forestry.
The National Environmental Standards (NES) are regulations made under the Resource Management Act 1991 (RMA) which:
- Set out the technical standards, methods or requirements in relation to matters under the RMA; and
- Provides nationwide consistent rules by setting planning requirements for certain specified activities.
The effect of NES is that it prevails/trumps both district and regional plan rule except in situations where the NES-PF specifically allows more stringent plan rules.
The Dough-Throwing Baker
We frequently remind employers carrying out disciplinary investigations about “process, process, process”. Even where an employer believes they have good reasons to dismiss an employee, a fair and proper process must be followed.
The Employment Relations Authority (“the ERA”) often find an employer’s reason for a dismissal was justified, but the process was flawed, resulting in a unjustifiable dismissal.
Recently, however, an Auckland Bakery were found to have followed a proper process but failed to prove they had good reason to dismiss an employee.
