What are the duties of a Company Director?
The Companies Act 1993 is New Zealand’s core piece of corporate legislation. The Act recognises that the taking of business risks is legitimate and that, in matters of business judgement, directors are permitted a wide discretion. However, in order to provide protection for shareholders and creditors against the abuse of management power, directors are also subject to a number of duties. If a director is found to have breached any of these duties they may be personally liable for any loss they caused.
The Accredited Employer Work Visa (AEWV)
On 4 July 2022, Immigration New Zealand introduced the new Accredited Employer Work Visa. In short, where genuine skill or labour shortages exist, accredited employers can hire skilled migrant workers using the AEWV.
This Visa requires employers who are wanting to employ migrants to become accredited. Once accredited, the employer can invite migrants to apply for the job which will allow the migrant to apply for a visa within NZ, including through the new Accredited Employer Work Visa.
What should I be paid if I am on call on a public holiday?
The rules for paying an employee who is on call on a public holiday are set out in the Employment Relations Act 2000. What has to be paid depends on a number of factors including whether the employee was or was not called in to work on the public holiday, and if not called in to work, whether the conditions and restrictions of the call-out arrangement limited the employees activities.
Gloriavale Children - Not Volunteers but Employees
The Employment Court was recently asked to consider a case brought by three former members of the Gloriavale community who were seeking a declaration that they were employees (and not unpaid volunteers) while they had been conducting work in the community. After assessing all facts of the scenario, the Court made the declaration that the former members were employees.
The New Incorporated Societies Act
In April 2022, the Incorporated Societies Act 2022 came into force, replacing the 114 year old Incorporated Societies Act 1908. The new Act is intended to modernise incorporated societies by setting out a framework of basic governance, legal and accounting obligations and to promote trust and confidence in societies. In particular, there is a focus on societies being run by, and being accountable to, their own members who are all working to achieve a stated purpose (and not for private gain).
