When consultation trumps confidentiality

The employment court has ruled that the midwives should have been consulted. (Image: NZME)

Fri, 24 May 2024

The court of appeal recently declined an application for leave to appeal an employment court decision in Birthing Centre Limited v Matsas. This is an important case on employee consultation obligations when an employer is negotiating an asset sale or commercial contract that affects employees.It demonstrates that claims of confidentiality and commercial prejudice as a reason not to consult before an unconditional agreement is reached will be closely tested.It is common in a commercial transaction for negotiating parties to want to keep ma...

Unlock all stories free for 10 days

Stay informed on business, government and financial developments across New Zealand.

Deeply researched, twice-edited and fact-checked news
Annual subscribers also receive a complimentary subscription to The Wall Street Journal
Personalised email news alerts, plus gift up to 5 stories a month to non-subscribers

We won’t charge for 10 days. You can cancel anytime with two clicks, an email or a phone call. Find out more.

We are serious about journalism.

Name {{ registerForm.errors.get('name') }}

Email address {{ registerForm.errors.get('email') }}

Phone Number {{ registerForm.errors.get('phone') }}

Job Title {{ registerForm.errors.get('title') }}

Password Minimum password length of 8 characters.
Require at least one upper and lowercase, numeric, and special character. {{ registerForm.errors.get('password') }}

Repeat password {{ registerForm.errors.get('password_confirmation') }}

We had trouble validating your card. It's possible your card provider is preventing us from charging the card. Please contact your card provider or customer support.

Credit Card

Cardholder's name

{{ __(plans[index].interval) | capitalize }} {{ plans[index].attributes.old_price | currency }} {{ plans[index].price | currency }}

You will be charged in 10 days unless you cancel beforehand.
We will remind you three times before charging you.
All subscriptions auto renew but are easy to cancel.

I Accept The Terms Of Service

{{ registerForm.errors.get('terms') }}

Tax: {{ taxAmount(selectedPlan) | currency }}

Total Price Including Tax: {{ priceWithTax(selectedPlan) | currency }} {{ selectedPlan.type == 'user' && spark.chargesUsersPerSeat ? '/ '+ spark.seatName : '' }} {{ selectedPlan.type == 'user' && spark.chargesUsersPerTeam ? '/ '+ __('teams.team') : '' }} / {{ __(selectedPlan.interval) | capitalize }}

Finance

Shareholders association opposes Geneva Finance delisting

Company says it will exceed USX governance rules.

Jem Traylen 4:30pm

Finance Investigation

The whistleblower and the bank

ERA finds BNZ's protected-disclosures regime was confusing.

Victoria Young 4:10pm

Markets

Rakon's takeover committee chair resigns

Unsolicited bid for the advanced parts maker foundered recently.

Rebecca Stevenson 2:35pm

Rakon's takeover committee chair resigns

Sponsored

How to fix NZ's infrastructure woes

Accurate charging, prioritising and standardising are key.

GHD

Sponsored

Creating seamless customer experiences

How to tackle this widespread business challenge using data.

Spark

More Law & Regulation

Law & Regulation

Watson belatedly fronts for US insider trading charges

Default judgment looms for ex-pat businessman.

Denise McNabb 24 Jun 2024

Law & Regulation

Megaupload execs banned from being company directors until 2028

Former Megaupload executives Mathias Ortmann and Bram van der Kolk have been prohibited from managing or directing any companies for five years, the Ministry of Business, Innovation and Employment (MBIE) says.In June 2022, Ortmann and van der Kolk broke with Megaupload founder Ki...

Staff reporters 21 Jun 2024