Did you know that a trial period isn’t valid unless it’s in writing? In New Zealand, it’s standard practice for new employees to be hired under a 90-day trial period (although businesses with 20 or more employees can no longer use trial periods for new staff). However, a trial period is only valid if it’s set out in … [Read more...]

The arrival of COVID-19 in New Zealand has presented a unique set of challenges for employers. Whether your employees are continuing to work remotely or are unable to work at all, it is important to understand how to tackle business disruption and compensate employees properly. Should my employees be paid reduced … [Read more...]

Over the last few weeks, the Government has repeatedly promised “relief” for commercial tenants. It was widely hoped that this relief might come in the form of financial assistance, but yesterday’s announcement has quashed those hopes, leaving many business owners wondering if the new measures will truly make a … [Read more...]

As New Zealand prepares for lockdown, commercial landlords and tenants will be wondering what rights they have if the tenant’s business is forced to close. The most commonly used form of commercial lease in New Zealand is the Auckland District Law Society (ADLS) lease. Following the 2011 Christchurch earthquakes, the ADLS … [Read more...]

When sick leave is taken by an employee, their employer is entitled to ask for proof of the illness or injury (typically a medical certificate from a doctor). If your employer asks for proof when you’re off sick for less than 3 consecutive days, they are required to pay any expenses incurred (for example, your GP’s … [Read more...]

New Zealand employers are legally required to have a written employment agreement for each of their employees. The employer must keep a copy of each agreement and provide a copy to the relevant employee upon request. If the Employment Relations Authority discovers an employer who doesn’t have copies of their employees’ … [Read more...]

If you own a business that supplies goods or services prior to payment, you will no doubt have encountered a client or two who won’t pay during your time in business.  Unpaid invoices are a very common occurrence, so it’s important to ensure that your business puts adequate controls in place to minimise the risks … [Read more...]

Most people are aware that there is a significant difference between hiring an employee and a contractor. But is someone a contractor just because they’ve signed a contract for services rather than an employment agreement? Not necessarily. Hiring a contractor sounds simple enough, but in practice, it is notoriously … [Read more...]

What can you do if another business is using your brand name? If you’ve already protected your business name by registering it as a trade mark, your lawyer will generally start by sending the other business a ‘cease and desist’ letter. If they don’t stop using your name after this, you will be able to take them to court to … [Read more...]

Under the current health and safety legislation, the Health and Safety at Work Act 2015, almost everyone in a workplace or organisation has some degree of responsibility for health and safety, so it’s important to understand your obligations. When the first phase of the Act came into effect in 2016, it changed the … [Read more...]