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 […]

How employers can respond to global supply chain disruptions and fuel supply uncertainty

Global supply chain disruptions and fuel supply uncertainty can affect business operations, staffing, costs, and customer demand. Employers should respond proactively by reviewing employment agreements, updating flexible working policies, assessing restructuring risks, and planning for contractual issues such as force majeure. A clear response plan can reduce uncertainty, support employees, and help businesses remain resilient […]

Keep the cash flowing – tips to get paid – Part 2

Rebecca Richter, Lawyer, Ford Sumner Lawyers Cashflow is king for any small contractor — yet late payments or clients who don’t pay at all can cripple your business. But one powerful tool can help protect your cash flow – making sure your invoices are valid payment claims under the Construction Contracts Act 2002 (CCA). Do you have small […]

The Good Employer

Ford Sumner External workplace investigations Workplace investigations guide for employers Employment investigations NZ Independent workplace investigator When to appoint an external investigator Conducting a workplace investigation Employment law investigations Procedural fairness in investigations Natural justice employment law

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! […]

Airports Newsletter April 2026

Airports Newsletter

Welcome to our latest Airports Newsletter! In this newsletter, you’ll find valuable legal updates on issues impacting airports and their operations. Click here to see the Airports Newsletter. Feel free to share this newsletter around, and please let us know your suggestions for future issues! As always, don’t hesitate to reach out if you need […]

External Investigations: A Guide For Employers

Ford Sumner External workplace investigations Workplace investigations guide for employers Employment investigations NZ Independent workplace investigator When to appoint an external investigator Conducting a workplace investigation Employment law investigations Procedural fairness in investigations Natural justice employment law

Workplace investigations can be among the most challenging and sensitive aspects of managing a business and employing staff. These processes can be stressful and disruptive, but there are ways to minimise risks and reduce potential disruption.  This article explores when it may be appropriate to appoint an external workplace investigator, and why doing so can […]

Contributory conduct in an unjustified dismissal: how it could mean no remedies

Ford Sumner Termination Unjustified Dismissal

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

Ford Sumner Employee Reinstatement

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 […]

Christmas Special:  Employment law tips for the holiday season

Ford Sumner Holiday Season

As the festive season approaches, it’s the perfect time for employers to start planning, not just for a well-earned break, but for the unique workplace issues that can arise at this time of year. From managing holiday leave, to hosting Christmas parties, and handling staff conduct, a little forward-thinking can prevent issues from spilling over […]

From Joyride to Judgment: Supreme Court Rules Drivers Are Employees

Ford Sumner Uber

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 […]