A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.
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Results for ERA
A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.
How prize draws, discounts or other incentives for Google reviews can create problems under Google's review policies and New Zealand consumer law, especially where incentives are hidden or tied to positive sentiment.
Shine Lawyers applied to IPONZ to revoke No Win No Fee Kiwi Limited's registered 'No Win No Fee Kiwi' trade mark for non-use while pursuing its own 'No Win, No Fee No Nonsense' applications. No Win No Fee Kiwi filed a counterstatement and evidence of use.
Review of the NZLS-commissioned regulatory report and whether it provides an evidential basis for licensing or otherwise regulating non-lawyer employment advocates.
Joyce v Ultimate Siteworks concerned costs after a substantive Employment Court matter and four interlocutory disputes, including an unsuccessful sanctions application and a withdrawn request understood by the Court as contempt-like. The judgment also addressed allegations about whether representative conduct had increased the other side's costs.
The debate over whether non-lawyer employment advocates should be allowed to represent parties in the Employment Court, with a focus on access to justice, existing court powers and the evidence said to support exclusion.
Why a restraint of trade recorded in a negotiated settlement can be harder to attack than a restraint imposed in the original employment agreement, particularly once the settlement is certified under s 149.
