New Zealand: Strict interpretation of 90 day trial period continues

Since its inception in 2011, the 90 day trial period has been the source of substantial controversy, interpretation and analysis. Throughout this, a golden thread has emerged whereby the provisions are interpreted strictly and employers must be careful in exercising their rights to dismiss pursuant to the trial period.

This was highlighted recently in the decision of Hutchison v Canon New Zealand Limited where verbal notice of termination given within the 90 day trial period […]

By | October 23rd, 2014 ||

Australia: Winners and losers in the push to improve Employees Share Plans

It is fair to say that at this stage of the game, there are more losers than winners based on the Abbott Government’s long awaited Industry Innovation and Competitiveness Agenda. Sure there are some clear winners but for some key players in the economy, there is no relief currently in sight from long standing issues affecting share plans.
The winners
The clear winners are private “start-up” companies defined as unlisted, incorporated for less than ten years […]

By | October 23rd, 2014 ||

Australia: Victorian Supreme Court confirms tort of intimidation is part of Australian Law

The decision of the Supreme Court of Victoria in Boral Resources (Vic) Pty Ltd v CFMEU [2014] VSC 429 (16 September 2014) (Boral) highlights an important response that is often available to employers when confronted with unruly unprotected industrial action by unions and/or employees.
THE CASE
In February 2013 a number of subsidiaries of Boral Limited initiated proceedings in the Supreme Court against the Construction, Forestry, Mining and Energy Union (CFMEU), in respect of bans imposed […]

By | October 23rd, 2014 ||