Court of Appeal clarifies HSWA liability for trusts and trustees
The Court of Appeal has released its decision in RH & JY Trust v WorkSafe New Zealand [2026] NZCA 12, confirming that trusts, as well as trustees acting collectively, can be prosecuted as a “person” under the Health and Safety at Work Act 2015 (“HSWA”). This ruling provides clarity for businesses that operate through trust […]
Are Contractors Liable for Defective Building Materials in New Zealand?
n New Zealand, contractors who supply and install materials for residential building work may still be liable if those materials fail, even if they did not manufacture or design them. Under the Building Act 2004 and the Consumer Guarantees Act 1993, contractors can be responsible for ensuring supplied materials are fit for purpose, durable, and […]
The Good Employer
Welcome to our latest Employment Newsletter – The Good Employer. In this issue we bring you up to date with the latest in employment law developments and practical workplace considerations. Click here to see The Good Employer Newsletter. Feel free to share this newsletter around, and please let us know your suggestions for future issues! […]
Lessons from Popeyes: Why Trade Mark Protection Is a Business Essential
In today’s competitive market, a business’ brand is more than just a name or a logo, it’s a valuable asset. It is your business’ identity. It’s how customers recognise you, remember you, and choose you over competitors. But what happens if someone else tries to profit from your hard-earned reputation? That’s where trade mark protection […]
Contributory conduct in an unjustified dismissal: how it could mean no remedies
Dismissing an employee for inappropriate or serious misconduct may be unjustified where the employer failed to follow a fair process. However, an employee’s contributory conduct can significantly reduce or eliminate the remedies available to an unjustifiably dismissed employee. This article explores the legal principle of contributory conduct and how it applied in Stewart v OCDL [2025] NZERA […]
Tracking The Trend: Employee Interim Reinstatement Applications
Introduction In the wake of the rise of applications for interim reinstatement, the Employment Court has issued a decision reminding ex-employee’s raising a personal grievance that the ability to return to work pending resolution remains far from automatic. Scott v Damar Industries Limited [2025] NZEmpC 215 was a challenge to an Employment Relations Authority (“ERA”) decision which […]
From Joyride to Judgment: Supreme Court Rules Drivers Are Employees
The Supreme Court has confirmed that four Uber drivers are employees, not independent contractors, of the ride-share giant. However, for the many workers who have filed challenges to their employment status pending the outcome of this decision, the upcoming legislative changes will likely see the brakes pulled. Although the case relates to the gig-economy, the […]
New Law Protects Employees’ Right To Discuss Pay
In a move towards workplace equity, the Employment Relations (Employee Remuneration Disclosure) Amendment Bill (“the Bill”) has now come into force. The Bill seeks to protect employees who choose to (voluntarily) discuss or disclose their own remuneration. Its central goal is to ensure that workers can share information about their pay, if they wish, without fear of […]
To Suspend, or Not to Suspend: The Risks of Suspending Works
In the fast-paced world of construction, cash flow is king. But what happens when your client stops paying? Or they’re causing endless delays? For many contractors and subcontractors, the idea of suspending work seems like the obvious way to protect yourself. But pulling the pin too soon can backfire badly. Here’s why you need to […]
Managing Medical Incapacity in the Workplace
A Guide for Retail Employers In retail, staff absences can have an immediate impact on customer service, rosters, and team morale. Prolonged employee absences due to illness or injury present legal and operational challenges. In cases where there is uncertainty about whether an employee can return to work, employers may need to assess whether the […]