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Hot off the Press: Uber Drivers are Workers

By: Anthony Drake

On 19 February 2021 the UK Supreme Court handed down its decision in the high profile Uber driver case. In Aslam and others v Uber BV and others Uber drivers were regarded by the company as self-employed but are in fact workers.

EQC confirm stance on assigned claims.

By: Jenny Turner, Hazel Bowering-Scott, Isabella van Woerkom

In July 2019, the Supreme Court in Xu v IAG confirmed that EQ insurance claim assignees are only entitled to be indemnified under the assigned insurance claim. This means that assignees of private insurance house claims are only compensated for their actual loss; usually the reduction in market value of the property due to the EQ damage or depreciated replacement or repair costs, which allows for the age and condition of the property.

Defective EQ Repairs: What Next?

By: Emily Walton

For some time, we have been predicting another wave of litigation, specifically claims against professionals, arising out of the 2010/2011 Canterbury earthquakes. Unfortunately, our predictions seem to be coming to fruition.

UK to conduct ongoing competency checks for solicitors.

By: Richard Hargreaves

Wynn Williams is often instructed in relation to complaints against lawyers. Here in New Zealand, the lawyers’ Conduct and Client Care Rules provide a framework by which to assess lawyers’ work for their clients.

Can employers require employees to get the jab?

By: Anthony Drake, Katja Heesterman

There can be no doubt that all employers have a duty to provide conditions of employment that allow people to be, and stay, healthy. However, there is no cut and dried demarcation when it comes to the question of whether an employer can make the COVID-19 vaccine mandatory for its employees.

Insurance tips for a kiwi summer holiday

By: Richard Hargreaves

Due to COVID, this year kiwis will be holidaying in New Zealand, not overseas. It might not be the most festive thing to think about before you head off for the summer, but try to make time to consider your insurance. Here are four quick tips, specially selected for NZ staycations:

Have your say on Bullying and Harassment at Work

By: Amanda Douglas

Bullying and harassment is a common and complex problem in the New Zealand workplace, with some studies suggesting that as many as one in five New Zealand workers experience bullying or harassment annually.

Court of Appeal Reviews Sentence for Fair Trading Act 1986 Breaches

By: Katrina Hammon, Prashant Kumar

In its first case considering sentencing under the Fair Trading Act 1986 (FTA), the Court of Appeal has significantly reduced the fines imposed by the High Court in Commerce Commission v Steel & Tube Holdings Ltd [2020] NZCA 549.

Insurance broker obligations: “care, skill and diligence” in practice

By: Stephanie Woods

When an insured suffers a loss and discovers that their insurance doesn’t cover it, this usually comes as an unpleasant surprise. In some cases, they may look to recover their loss from their broker.

New Year's resolutions about staff – start the process now

By: Amanda Douglas

In our experience, the lead up to Christmas and the New Year is when employers often look ahead to their staffing needs for the new year. Often, it is at this time that employers identify employment issues.

Guidance for RMA decision makers on conflicting iwi interests

By: Lucy de Latour, Tegan Wadworth

The recent High Court decision, Ngata Maru Trust v Ngāti Whātua Ōrākei Whaia Maia Limited [2020] NZHC 2768, provides guidance to decision makers presented with conflicting iwi claims on proposals for resource consent. We set out the key takeaways decision makers should keep in mind.

Does your mental arithmetic match what the receipt says at the till?

By: Katrina Hammon, Prashant Kumar

In the lead-up to Christmas and with increased competition for discretionary spend (thanks to COVID-19), retailers must be careful when adopting pricing and promotional campaigns and ensure the point-of-sale pricing is accurate. This recent case highlights the need to quickly respond to customer complaints and correct pricing errors or risk substantial penalties, even where the financial gain to the retailer is minimal.

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