Legal Matters
All Articles
AFTER YOU'VE GONE
- how restraint of trade and IP issues affect former franchisees and imitators
Stewart Germann and Harshad Shiba review three legal cases in New Zealand which protected the value of a franchisor’s intellectual property
KAMIKAZE CONFLICT
how do franchise disputes escalate
and what can you do to avoid it?
Jeff Giddings, Lorelle Frazer & Scott Weaven look at what drives franchisees and franchisors to damage their own systems during disputes
Swings and roundabouts in employment law changes
31 January 2018 – Changes to employment law mean franchisors and franchisees need to be prepared
can you opt out of ARBITRATION?
December 2010 - A recent court case highlights the importance of arbitration clauses
Franchisors take action on cheating franchisees
18 September 2018 – Two more franchisees found guilty of historic wage and visa breaches have lost their businesses
Exiting franchisee and existing customers
- a complicated case
January 2014 - Ending a franchise relationship is often not a black and white exercise. Deirdre Watson details a case where a third party was drawn into a dispute over an attempt to poach customers.
Follow the law on alternative holidays, says Labour Inspectorate
19 December 2017 – Payroll calculations are continuing to catch companies out, and franchisees could be vulnerable
Don’t say it’s over -
leaving a franchise doesn't mean you can just carry on
June 2016 - Harshad Shiba reviews two recent cases involving well-known New Zealand franchises
Franchising in Safety
Second Opinion on Court of Appeal's Due Diligence Decision
1 April 2009 - Franchisors shouldn't rejoice too soon over the recent Court of Appeal decision in the James Home Services case
overseas franchisees call for GREATER PROTECTION
May 2011 - A US body called the Coalition of Franchisee Associations has called for the introduction of a ‘Bill of Rights’ for franchisees, while a new Australian body is also concerned for franchisee rights.
holding on to WHAT’S YOURS
March 2014 - Stewart Germann and Harshad Shiba review three legal cases which protected the value of a franchisor’s intellectual property
'HARSH CONSEQUENCES' for Club Physical franchisee as injunction granted
7 March 2013 - The application for interim injunctions against the Club Physical franchisee who rebranded three Auckland gyms without warning has been granted
A VERY PUBLIC DISPUTE
– the story of the gym franchise
and the franchisee who took down the signs
April 2013 - A dispute between Club Physical and a multi-unit franchisee was only resolved after a lot of publicity and a lot of legal fees
MBIE reminder on personal liability for employment law breaches
29 April 2019 – The Labour Inspectorate has reminded individuals, including business directors, senior managers and legal or business advisors, that they can be held personally responsible even if they are unofficially connected to a business that breaches minimum employment standards.
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