Brigid Clark

The New Zealand Law Society Te Kāhui Ture o Aotearoa has published a practice briefing which provides guidance for lawyers on the relevance of tikanga Māori in meeting competence and client service obligations. The practice briefing is intended to provide practical information to help lawyers engage with tikanga effectively, including how they may approach meeting professional obligations in circumstances where tikanga is relevant. Read the practice briefing here https://lnkd.in/gP_h9vKe

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Partner and employment law expert David Catanese spoke to Australian Broadcasting Corporation (ABC) News about Victoria's proposed right to work from home two days a week and the legislative pathways that may allow these new entitlements. With WFH now a feature of many workplaces, and quite a lot of regulation already in this space, this is a space worth watching as policy and practice continue to evolve.

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Our Australian employment practices liability specialist Alen Sinanovic explores a recent Fair Work Commission decision where a mine worker was reinstated after being dismissed for fighting with a co-worker. The case serves as a reminder that there is no automatic presumption that fighting will justify dismissal. Employers must consider the full circumstances, including provocation and self-defence, and ensure investigations are carried out with an open mind. The decision also highlights the ongoing risk of reinstatement as a remedy in unfair dismissal claims, even in high-risk workplaces and despite serious incidents. You can view the article here: https://lnkd.in/gwq5r7hD #UnfairDismissal #WorkplaceInvestigations #EmploymentLaw #KennedysAPAC

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Judgment Just In: May v Costaras [2025] NSWCA 178 The Court of Appeal has dismissed an appeal from the Equity Division. The Court held that the primary judge did not err in finding that the parties held their property on a joint endeavour constructive trust. In a separate concurrence, Bell CJ noted the use of Generative AI by the respondent and emphasised the need for judicial vigilance in the use of Generative AI, especially but not only by unrepresented litigants. Read the judgment here: https://lnkd.in/gjGfxxBC Summary: https://lnkd.in/g8UWdRdM

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Changes to the calculation of annual holidays and sick leave are now in train. The Workplace Relations and Safety Minister Brooke van Velden has announced that the Government has taken a position on revamping the Holidays Act (https://lnkd.in/gyvDzS9E). The changes will include accruing sick leave and annual holidays by the hour, rather than per day, and accruing sick leave in proportion with hours an employee is employed for (ie, part time workers will get less than full time workers). Of particular interest is a new provision to pay casual staff a loading of 12.5% on top of their pay to recognise that they won’t get sick leave or annual holidays. Will be interesting to see how employers respond to this. Will it deter them from employing casuals or make them feel it is easier to do so? The changes will take time to bed in - the Government wants to allow a 24 month period of transition to the new rules. And its going to be a while till the law gets introduced - they’re aiming to get it passed before the next election. Plenty to work through once we see the legislation. Watch this space!

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