Articles

Contract Law

Managing Employee Leave Over the Christmas Period

It’s that time of year again, Christmas is upon us. Many workplaces in New Zealand will be planning their annual closedown over the Christmas period, or thinking about employee entitlements. We have set out some common questions we are often asked at this time of the year.
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Education Sector Employee Awarded $100,000.00 in Disregarded Sick Leave

In a recent Employment Court decision, Canterbury Westland Kindergarten Association Incorporated v Barnes [2020] NZEmpC 199 an employee was awarded more than $100,000.00 in disregarded sick leave caused by bullying in the workplace.
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Managing Annual Leave Over the Christmas Closedown Period

It’s that time of year again, less than one month until Christmas. Many workplaces in New Zealand will be planning their annual closedown over the Christmas period. We have set out some common questions we are often asked at this time of the year.
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Casual or Fixed Term?

2020 has been a year of upheaval for employers. Now many employers are looking for different ways to employ staff where their requirements have changed.
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Implications for Incentive Payments/Bonuses

Employment Court decision has significant implications for employers in respect of target-based incentive payments, and holiday pay entitlements over annual closedown periods. The Labour Inspectorate and Metropolitan Glass jointly filed proceedings in the Employment Court as they were unable to agree on holiday pay calculations (Metropolitan Glass and Glazing Limited v Labour Inspector, Ministry of Business, Innovation and Employment [2020] NZEmpC 39).
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Medicinal Cannabis - Sponsorship and Advertising

Individuals or entities who are involved or are interested in getting involved in the medicinal cannabis industry may wish to use advertising or sponsorship to increase brand recognition. An entity may also wish to advertise its products. There are currently no specific guidelines on advertising and sponsorship of medicinal cannabis. Sponsorship and advertising may, therefore, depend on compliance with the Medicines Act 1981 and whether the company supplies products which have been approved under that regime.
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What is the Difference Between Assignment and Novation?

Assignment of contracts is a fairly common practice in the business world. In an assignment, the person assigning the contract - the "Assignor" - assigns the benefits of the contract the Assignor holds to a new person (the "Assignee") who takes the benefit of that contract "the Assignee". Some contracts may expressly prohibit assignment and some contracts provide that a contract may not be assigned without the consent of the other party. If a contract has no provision relating to assignment, then the general rule is that it may be assigned, with a few exceptions.
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Medicinal Cannabis in New Zealand – An Overview for Getting Started

Medicinal cannabis is a relatively new market and there are ways for you to get involved in the different elements of manufacturing medicinal cannabis products. The first thing that needs to be done is to apply for a Medicinal Cannabis Licence which is issued by the Medicinal Cannabis Agency. This is a lengthy process and requires the applicant to have given their project consideration in certain areas.
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Obtaining an Enforceable Guarantee

There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
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Electronic Signing of Contracts

Part 4 of the Contracts and Commercial Law Act 2017 ("CCLA") provides that, with some few exceptions, where a signature is required by law (including to conclude a contract) you can sign that document electronically provided certain conditions are met. An electronic signature is defined in the CCLA as a method used to identify a person and to indicate that person's approval of that information.
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