Senior Lawyer - LLB
Simon is a commercial lawyer and a specialist in employment and construction law. With a background working in farming and forestry, he prefers a plain-English and practical approach to solving his client's legal issues. Simon joined the firm in 2017 after nine years practising in an international and a local firm in Auckland. Simon helps clients with:
Simon grew up in Mangakahia. He and his wife and daughter decided to move home to Northland before his extended family could begin to call him an “Aucklander”! Outside of work Simon enjoys all the fishing, diving and spearfishing Northland has to offer.
Qualifications: LLB, University of Auckland | Admitted: 2008
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Simon Davies-Colley's Specialist Services
Ask us about things like buying or selling a business, doing due diligence, sorting out ownership structures, and getting the best contract documents and leases.
Employment relationships can be good – we know because we’ve been NZ’s legal employer of choice.
Simon Davies-Colley's Blog Posts
Constructing the right contract
March 18, 2019
Large construction projects are popping up everywhere, from renovation and residential houses through to large scale commercial developments. Usually, disputes in construction aren’t about defects, but rather grey areas the parties haven’t considered such as unforeseen costs or work. Getting the right building contract in place up-front can avoid a lot of pain.
New Law on Domestic Violence Leave: What Employers Need to Know.
October 04, 2018
The Government’s Domestic Violence – Victim’s Protection Bill has passed its last vote in parliament. It will come into force on 1 April 2019. The bill gives new entitlements to victims of domestic violence and puts strict obligations on their employers to ensure those entitlements are met.
Employment Law Update – When Employees’ Misconduct / Bad Behaviour Matters
August 28, 2018
When an employer fires an employee for misconduct but gets the process wrong, the first thing they tend to ask us is “doesn’t the employee’s bad behaviour matter at all?” The answer is a little complex – but it usually boils down to a matter of how much the bad behaviour contributed to the situation.
Cash for Hurt Feelings – Employment Court decision signals increases for hurt and humiliation payments
June 05, 2018
The old adage “sticks and stones” may apply to squabbling children, but it certainly doesn’t apply where an employer’s words or actions lead to an unjustifiable sacking. Many employers see employment (and its termination) as a purely business transaction, and are shocked to find out that employees can claim for injury to feelings.
Relocatable Houses - Making sure your dream home arrives safe and sound
January 25, 2018
With property prices around the country reaching record highs, many people are looking to relocatable houses as a faster or more cost-effective option than building from new. Done properly, homeowners or investors can get that chocolate-box villa or bungalow set up on the site of their choice for a fraction of the cost of a new-build. However there are a few things people should consider before getting a house on the road.
Employment under our new Government - what can we expect?
October 27, 2017
With New Zealand First’s decision to form a coalition government with Labour and the Greens, it is difficult to predict which policies will be implemented in the Employment space. In all the election hoopla focusing on tax, water and “the economy” you may have missed some of the key employment policies.
Does The Process Really Matter If An Employee Is Obviously 'Guilty'?
August 24, 2017
I regularly get employer clients asking “but what if I catch an employee red-handed – surely I can fire them on the spot?” The answer is no - not even then. Employers still have to follow a fair process.
Swearing at your boss – Can employers fire a potty-mouthed employee?
June 22, 2017
Something I hear pretty regularly from clients is: “What can I do when a staff member swears at their manager/storms off site?” The legal answer is the same as with any employee misbehaviour – taking a moment to cool off and consider how serious the behaviour actually was (and following a fair process). In this blog post I have set out a few of the key issues which crop up in these situations.
Employment Standards - April 2017 Update
April 06, 2017
On 1 April 2016 amendments to the Employment Relations Act came into force. There were a raft of changes, but the most publicity was given to the prohibition of “zero hour” contracts. From that date, any new employment agreements had to comply with the new requirements.
Statutory Demand Notices - A Useful Tool with Benefits and Risks
February 14, 2017
Statutory demand notices are commonly used as a helpful tool to create leverage to collect undisputed debts. Despite the unassuming look of these documents, statutory demands can have significant legal and financial implications for both the issuing party and the company on the receiving end.