1 00:00:06,693 --> 00:00:10,053 Speaker 1: You're listening to the Simon Barnett and James Daniels Afternoons 2 00:00:10,093 --> 00:00:12,013 Speaker 1: podcast from News Talk ZEDB. 3 00:00:12,813 --> 00:00:15,053 Speaker 2: You know the man Gareth abden Or. He's an employment, 4 00:00:15,093 --> 00:00:19,653 Speaker 2: workplace and information expert. He's director and founder of Abdenor Law, 5 00:00:20,053 --> 00:00:22,173 Speaker 2: and he joins us every fortnight and he's back with us. 6 00:00:22,213 --> 00:00:24,893 Speaker 2: God day, garethday, Gareth good. Hey, guys, what time do 7 00:00:24,933 --> 00:00:25,213 Speaker 2: you eat? 8 00:00:26,253 --> 00:00:28,893 Speaker 3: Well? These people are eating dinner at nine o'clock? Common 9 00:00:28,933 --> 00:00:32,493 Speaker 3: bid buddy, what are you old? 10 00:00:32,973 --> 00:00:37,293 Speaker 2: Yea said guy? Key there we've found Sheldon Cooper. 11 00:00:38,293 --> 00:00:38,453 Speaker 4: Right. 12 00:00:38,573 --> 00:00:40,933 Speaker 2: If you've got a question for Gareth O eight hundred 13 00:00:40,933 --> 00:00:44,533 Speaker 2: and eighty ten eighty is his number, or you can 14 00:00:44,533 --> 00:00:47,253 Speaker 2: text your question you prefer it, just text ninety ninety. 15 00:00:47,013 --> 00:00:50,573 Speaker 5: Two and someone's done that already high signed James and Gareth. 16 00:00:51,053 --> 00:00:54,213 Speaker 5: Give me some advice please. My employer wants me to 17 00:00:54,253 --> 00:00:58,693 Speaker 5: start working rosted Saturdays once every two months, even though 18 00:00:58,693 --> 00:01:02,773 Speaker 5: my JD my job description says Monday to Friday. Can 19 00:01:02,853 --> 00:01:04,933 Speaker 5: they do that? How can I get out of it? 20 00:01:06,413 --> 00:01:09,253 Speaker 3: I wouldn't want to be doing that either, to be fair. 21 00:01:11,133 --> 00:01:13,853 Speaker 3: It's a bit of a tricky one and I guess 22 00:01:13,893 --> 00:01:18,093 Speaker 3: it depends on why the employer is wanting this person 23 00:01:18,173 --> 00:01:23,333 Speaker 3: to do that? Is it because they can't get someone 24 00:01:23,373 --> 00:01:29,853 Speaker 3: else to do it? You? Generally, if your hours are agreed, 25 00:01:30,613 --> 00:01:34,613 Speaker 3: you don't have to change them. But as I say, 26 00:01:34,693 --> 00:01:38,373 Speaker 3: quite often, if you don't agree to be flexible, the 27 00:01:38,493 --> 00:01:41,653 Speaker 3: riskers that they will disestablish your position and create a 28 00:01:41,693 --> 00:01:46,693 Speaker 3: new one that also has hours on the weekend. So 29 00:01:47,373 --> 00:01:50,933 Speaker 3: see if you can get a compromise. Some employment agreements 30 00:01:51,013 --> 00:01:55,613 Speaker 3: do have applause that they can vary the hours if necessary. 31 00:01:56,013 --> 00:01:59,693 Speaker 3: But again, the employer's got to be reasonable. So do 32 00:01:59,733 --> 00:02:01,773 Speaker 3: you not want to do it because you have commitments 33 00:02:01,813 --> 00:02:04,173 Speaker 3: on the weekend or just because you're like you're sleeping, 34 00:02:05,093 --> 00:02:08,293 Speaker 3: Really depends. If you've got commitments, you've got a pretty 35 00:02:08,293 --> 00:02:12,653 Speaker 3: good argument that you can't do it, and maybe the 36 00:02:12,693 --> 00:02:14,173 Speaker 3: employer's got to look for someone else. 37 00:02:14,533 --> 00:02:18,493 Speaker 2: Right. This is almost a similar question from Ben. He says, Hi, Gareth, 38 00:02:18,613 --> 00:02:21,653 Speaker 2: my wife has a contract for forty four hours per week. 39 00:02:22,133 --> 00:02:24,893 Speaker 2: The company has asked everyone to agree to cut their 40 00:02:24,933 --> 00:02:27,813 Speaker 2: hours back to thirty five hours per week, and that 41 00:02:27,893 --> 00:02:31,693 Speaker 2: will save five roles with the company. The boss maintains 42 00:02:31,693 --> 00:02:34,093 Speaker 2: her job is not one of the five roles in question. 43 00:02:34,733 --> 00:02:37,493 Speaker 2: Does she need to agree to the cut hours to 44 00:02:37,573 --> 00:02:38,773 Speaker 2: save someone else's job. 45 00:02:39,693 --> 00:02:43,573 Speaker 3: Well, no, she doesn't, but as always, there may be 46 00:02:43,613 --> 00:02:48,653 Speaker 3: a consequence, not least of which if it gets out, 47 00:02:48,693 --> 00:02:50,533 Speaker 3: everyone may hate her, right. 48 00:02:50,973 --> 00:02:54,413 Speaker 2: And that's that is actually a genuine consequence, isn't it. 49 00:02:54,533 --> 00:02:55,213 Speaker 2: She goes, well, I'm not. 50 00:02:55,213 --> 00:02:59,613 Speaker 3: Now, I mean the employer. I can't go and tell 51 00:02:59,653 --> 00:03:01,693 Speaker 3: the rest of the stuff. But these things have a 52 00:03:01,733 --> 00:03:06,093 Speaker 3: way of getting out. I think a more practical approach 53 00:03:06,573 --> 00:03:08,813 Speaker 3: be to go back to the employer and say, well, 54 00:03:09,733 --> 00:03:12,133 Speaker 3: how long do we need to agree to this reduction? 55 00:03:12,453 --> 00:03:15,573 Speaker 3: Because it should only be for a temporary period. I 56 00:03:15,613 --> 00:03:20,133 Speaker 3: certainly don't think it's reasonable to agree to it definitely 57 00:03:20,293 --> 00:03:24,093 Speaker 3: and definitely, so maybe see if you can agree to 58 00:03:24,133 --> 00:03:26,493 Speaker 3: it for three months. You know, if business doesn't pack 59 00:03:26,573 --> 00:03:29,133 Speaker 3: up in three months, well maybe those other roles do 60 00:03:29,293 --> 00:03:29,813 Speaker 3: need to go. 61 00:03:30,173 --> 00:03:32,613 Speaker 2: That's a good suggestion actually, so hopefully that person will 62 00:03:32,853 --> 00:03:33,653 Speaker 2: take that on board. 63 00:03:33,653 --> 00:03:37,013 Speaker 5: Down Joe has text us and says, Hi, Gareth, now 64 00:03:37,053 --> 00:03:40,933 Speaker 5: have you, Gareth? Do you know the term permanent management units? 65 00:03:40,933 --> 00:03:43,133 Speaker 5: Does that make sense to you? I haven't come across that. 66 00:03:43,573 --> 00:03:46,053 Speaker 3: I think that might be in the education for you. 67 00:03:46,173 --> 00:03:48,093 Speaker 5: Okay, that's what it is, he says. Many of us 68 00:03:48,133 --> 00:03:52,453 Speaker 5: at a public intermediate school have permanent management units. Our 69 00:03:52,493 --> 00:03:54,813 Speaker 5: principle has told us that he is downgrading all of 70 00:03:54,853 --> 00:03:58,613 Speaker 5: these to fixed term units that we have to apply 71 00:03:58,693 --> 00:04:02,933 Speaker 5: for annually, or he has removed some altogether. Can he 72 00:04:03,013 --> 00:04:05,453 Speaker 5: do this with permanent management units. 73 00:04:06,493 --> 00:04:09,733 Speaker 3: That's a great question and a difficult one to answer 74 00:04:09,773 --> 00:04:12,093 Speaker 3: with the information we've got a lot of. That's going 75 00:04:12,133 --> 00:04:16,373 Speaker 3: to depend on what's in the relevant employment agreement, whether 76 00:04:16,413 --> 00:04:20,893 Speaker 3: it's an individual or a collective agreement. And as always, 77 00:04:21,253 --> 00:04:26,973 Speaker 3: the principle will need to follow a fair and reasonable process. 78 00:04:28,053 --> 00:04:33,213 Speaker 3: Certainly from what the text is said, there may be 79 00:04:33,373 --> 00:04:35,773 Speaker 3: grounds there for not following a fair process. 80 00:04:37,053 --> 00:04:40,493 Speaker 2: This is an excellent question. I'm actually intrigued at the answer, Trevor. 81 00:04:40,573 --> 00:04:43,733 Speaker 2: Thanks for texting it in. Hi, guys. If you are 82 00:04:43,773 --> 00:04:47,773 Speaker 2: made redundant, Gareth, can they then also insist on a 83 00:04:47,813 --> 00:04:49,373 Speaker 2: restraint of trade clause? 84 00:04:49,573 --> 00:04:50,573 Speaker 5: It's a great question. 85 00:04:50,733 --> 00:04:53,693 Speaker 3: It's a great one, and I often get asked this question, 86 00:04:53,773 --> 00:04:57,213 Speaker 3: and there's a lot of people out there that have 87 00:04:57,253 --> 00:05:01,653 Speaker 3: got the wrong idea on it. Yes, an employer can 88 00:05:01,813 --> 00:05:05,053 Speaker 3: potentially rely on a restraint of trade even if they 89 00:05:05,053 --> 00:05:05,933 Speaker 3: make you redundant. 90 00:05:06,373 --> 00:05:08,413 Speaker 2: Seems horribly unfair. Can I say it does. 91 00:05:08,613 --> 00:05:13,413 Speaker 3: It does definitely. I think what people often forget is 92 00:05:13,453 --> 00:05:16,653 Speaker 3: that the reasonableness of a restraint is determined at the 93 00:05:16,693 --> 00:05:19,413 Speaker 3: time you enter into it, not at the time your 94 00:05:19,453 --> 00:05:26,133 Speaker 3: employment ends. And that's a legal principle of course. It 95 00:05:26,253 --> 00:05:29,173 Speaker 3: really comes down to the circumstances. So while the legal 96 00:05:29,213 --> 00:05:33,813 Speaker 3: test as to reasonableness depends on when you enter into it, 97 00:05:35,213 --> 00:05:38,453 Speaker 3: in practice you normally look at what the circumstances are 98 00:05:38,693 --> 00:05:43,093 Speaker 3: when you finish up. Now, if an employer is genuinely 99 00:05:43,213 --> 00:05:48,893 Speaker 3: making someone's position redundant because the business is struggling, well, 100 00:05:48,933 --> 00:05:52,293 Speaker 3: then it kind of follows that they'd want to prevent 101 00:05:52,573 --> 00:05:58,493 Speaker 3: unfair competition against the business. But it does make it 102 00:05:58,533 --> 00:06:02,573 Speaker 3: pretty difficult if this means someone can't work, So you 103 00:06:02,613 --> 00:06:04,453 Speaker 3: really need to look at all of the factors. But 104 00:06:04,733 --> 00:06:08,053 Speaker 3: just because someone's being made redund it doesn't automatically mean 105 00:06:08,093 --> 00:06:09,853 Speaker 3: the restraint is not enforcible. 106 00:06:10,413 --> 00:06:13,853 Speaker 5: Wow, a lot of people think that, Yeah, I did amazing, 107 00:06:14,253 --> 00:06:17,253 Speaker 5: all right. Another text here says Hi Gareth. When an 108 00:06:17,253 --> 00:06:20,533 Speaker 5: employee is serving the notice period and they call in 109 00:06:20,693 --> 00:06:24,253 Speaker 5: sick using their sick leave during the notice period, does 110 00:06:24,293 --> 00:06:28,093 Speaker 5: it get counted? Does it need to be worked? Meaning 111 00:06:28,093 --> 00:06:30,773 Speaker 5: that the employer can extend the notice period for the 112 00:06:30,813 --> 00:06:32,973 Speaker 5: sick days or other leave taken. 113 00:06:33,893 --> 00:06:37,693 Speaker 3: No, I've never heard of that happening and not extending it. 114 00:06:38,013 --> 00:06:41,533 Speaker 3: I'd be very surprised if the employer could get away 115 00:06:41,573 --> 00:06:45,653 Speaker 3: with that. Of course, if someone's working their notice period 116 00:06:45,853 --> 00:06:49,173 Speaker 3: or let's say, not work in their notice period by 117 00:06:49,173 --> 00:06:54,413 Speaker 3: calling in sick, and you don't you don't believe it's genuine. 118 00:06:54,493 --> 00:06:57,693 Speaker 3: As an employer, you can definitely make further inquiries. And 119 00:06:58,213 --> 00:07:02,613 Speaker 3: I have had situations where someone resigns and during their 120 00:07:02,653 --> 00:07:05,533 Speaker 3: notice period behaves in such a way that they can 121 00:07:05,573 --> 00:07:08,973 Speaker 3: be dismissed, so so you do need to be careful. 122 00:07:09,293 --> 00:07:12,733 Speaker 2: This is such an intriguing segment. Thanks Gareth for your time. 123 00:07:13,093 --> 00:07:15,973 Speaker 2: Joined by Gareth Abdnor and Clive's given us a belt. 124 00:07:15,973 --> 00:07:19,573 Speaker 2: Hey Clive here, good mate, Thank you. Gareth is listening in. 125 00:07:20,893 --> 00:07:24,213 Speaker 4: I've been given a notice es today of possible to 126 00:07:24,373 --> 00:07:28,213 Speaker 4: redundancy but over my period that I've been working for 127 00:07:28,253 --> 00:07:30,653 Speaker 4: this company, even if you paid time and a half 128 00:07:30,653 --> 00:07:34,493 Speaker 4: on public holiday, and the sort of response that I 129 00:07:34,573 --> 00:07:36,693 Speaker 4: sort of got at the time was that we don't 130 00:07:36,733 --> 00:07:38,893 Speaker 4: pay time and a half on public holiday. We will 131 00:07:38,933 --> 00:07:41,813 Speaker 4: just pay you the time that hours worked and we'll 132 00:07:41,813 --> 00:07:44,573 Speaker 4: pay you the day in loup, which I've just found 133 00:07:44,613 --> 00:07:47,693 Speaker 4: out sort of earlier that it actually has to accumulate 134 00:07:47,973 --> 00:07:50,493 Speaker 4: unless you agree to be paid out. 135 00:07:50,533 --> 00:07:55,653 Speaker 3: But now it sounds like you've potentially got some leverage there, 136 00:07:57,133 --> 00:08:02,653 Speaker 3: and if you haven't, if you think you've been underpaide, 137 00:08:02,653 --> 00:08:04,213 Speaker 3: you should certainly be raising it. 138 00:08:05,133 --> 00:08:08,973 Speaker 4: You know, I have actually raised this concerned a couple 139 00:08:09,013 --> 00:08:11,333 Speaker 4: of times and with my workmates and of showing the 140 00:08:11,653 --> 00:08:15,733 Speaker 4: legislation of screenshow the legislation show them, and sort of 141 00:08:15,733 --> 00:08:18,813 Speaker 4: got nowhere, just just sort of the same responses, we 142 00:08:18,893 --> 00:08:19,573 Speaker 4: don't pay that. 143 00:08:20,293 --> 00:08:25,253 Speaker 3: Yeah, wow, if they're not paying what they have to 144 00:08:25,293 --> 00:08:27,733 Speaker 3: pay you, you might want to give a call to 145 00:08:27,773 --> 00:08:30,573 Speaker 3: the labor inspector. And I'm sure they'd be quite interested 146 00:08:30,613 --> 00:08:34,653 Speaker 3: in that if they're not raise a personal grievance. That's 147 00:08:34,693 --> 00:08:35,933 Speaker 3: that's what the process is for. 148 00:08:36,053 --> 00:08:38,453 Speaker 2: And I'm presuming a labor inspector wouldn't cost Clive any 149 00:08:38,453 --> 00:08:39,493 Speaker 2: money that anybody. 150 00:08:39,213 --> 00:08:42,573 Speaker 3: Knows it doesn't cost any money. Of course, they you know, 151 00:08:42,613 --> 00:08:45,293 Speaker 3: they've got limited resources and so they don't take every 152 00:08:45,333 --> 00:08:50,733 Speaker 3: case on. But if this is a situation where everybody 153 00:08:50,853 --> 00:08:55,773 Speaker 3: is being underpaid, I expect they will be interested in that. 154 00:08:56,573 --> 00:08:59,733 Speaker 4: Yeah, yeah, well that is that is correct, and the 155 00:08:59,773 --> 00:09:03,413 Speaker 4: other boys so that they really speak up. Yeah, and 156 00:09:03,453 --> 00:09:06,373 Speaker 4: on one speaking up. And I've sort of got this letter. 157 00:09:06,813 --> 00:09:11,173 Speaker 3: But you know, maybe don't bang the drum too loud 158 00:09:11,293 --> 00:09:13,053 Speaker 3: until you find out if they are actually going to 159 00:09:13,053 --> 00:09:16,733 Speaker 3: make you redundance or not, because if you get through 160 00:09:16,773 --> 00:09:21,093 Speaker 3: that process, then perhaps you can raise it. Of course, 161 00:09:21,173 --> 00:09:24,733 Speaker 3: if they're going to make you redundant. Nothing to lose 162 00:09:24,813 --> 00:09:26,613 Speaker 3: by going official. 163 00:09:26,493 --> 00:09:27,853 Speaker 2: Good work, live, good luck. 164 00:09:27,733 --> 00:09:28,133 Speaker 3: Good luck. 165 00:09:28,493 --> 00:09:33,013 Speaker 2: Hello, justin Yeah, Hi there, Garet's ready for your question. 166 00:09:34,053 --> 00:09:37,733 Speaker 6: Yeah, hang on with good luck, good luck. Yeah. It's 167 00:09:37,733 --> 00:09:41,413 Speaker 6: just a random one about leave, about sick leave. So 168 00:09:41,613 --> 00:09:43,853 Speaker 6: this is for John Doe. The person is anonymous. Do 169 00:09:44,013 --> 00:09:47,493 Speaker 6: want to name any names or anything or places? So, okay, 170 00:09:47,533 --> 00:09:50,493 Speaker 6: someone's taken a day off sick and it's there, they've 171 00:09:50,533 --> 00:09:54,853 Speaker 6: got no sick days. They've taken a sick day, and 172 00:09:56,213 --> 00:09:58,533 Speaker 6: they person said, oh, would I be able to take 173 00:09:58,853 --> 00:10:00,733 Speaker 6: one of my days of leave? So they've got like 174 00:10:00,813 --> 00:10:03,653 Speaker 6: five and a half weeks of annual leaves there. The 175 00:10:03,693 --> 00:10:07,293 Speaker 6: employers turned around and said, oh no, we're not going 176 00:10:07,333 --> 00:10:09,013 Speaker 6: to let you do that. You can just go leave 177 00:10:09,013 --> 00:10:15,053 Speaker 6: without pay now the employer also said a while back 178 00:10:15,853 --> 00:10:18,013 Speaker 6: or they were pushing hard for everyone to use that 179 00:10:18,213 --> 00:10:20,373 Speaker 6: or there to use their annual leave, and there's this 180 00:10:20,453 --> 00:10:23,173 Speaker 6: big thing, you know, everyone's got to use their leave 181 00:10:23,253 --> 00:10:26,493 Speaker 6: and blah blah blah. And so now this has happened 182 00:10:26,493 --> 00:10:28,253 Speaker 6: and they're like, oh, no, you can't take one of 183 00:10:28,293 --> 00:10:29,053 Speaker 6: your days of leave. 184 00:10:29,653 --> 00:10:31,653 Speaker 3: That seems a bit contradictory, doesn't it. 185 00:10:32,093 --> 00:10:32,293 Speaker 6: Yeah. 186 00:10:33,293 --> 00:10:38,173 Speaker 3: Yeah, as always, the employer has to act fairly and reasonably. Now, 187 00:10:38,653 --> 00:10:43,053 Speaker 3: if this John Doe or Jane Doe has a whole 188 00:10:43,093 --> 00:10:46,853 Speaker 3: lot of leave that they are entitled to, on the 189 00:10:46,893 --> 00:10:49,653 Speaker 3: face of it, it seems unreasonable not to let them 190 00:10:49,733 --> 00:10:53,693 Speaker 3: take it when when they sack. I guess the only 191 00:10:53,773 --> 00:10:58,093 Speaker 3: situation I could think of is if the employer suspects 192 00:10:58,173 --> 00:11:01,933 Speaker 3: the sick leaves not genuine. But yes, this isn't the 193 00:11:01,973 --> 00:11:05,693 Speaker 3: way to deal with it. So no. You know, if 194 00:11:05,973 --> 00:11:09,093 Speaker 3: if this person feels like they've been hard done by, 195 00:11:10,613 --> 00:11:13,333 Speaker 3: they should raise that and say, well, I don't think 196 00:11:13,373 --> 00:11:16,293 Speaker 3: this is fair and reasonable. Why won't you let me 197 00:11:16,493 --> 00:11:19,373 Speaker 3: take the annual EVE and see what the employees is. 198 00:11:19,773 --> 00:11:24,373 Speaker 3: You know what people forget is if an employee feels 199 00:11:24,373 --> 00:11:28,253 Speaker 3: that they've been treated unfeely. It's up to the employer 200 00:11:28,413 --> 00:11:31,493 Speaker 3: to justify what they've done, so put it on them. 201 00:11:31,933 --> 00:11:35,693 Speaker 2: Very good, Thank you Justin for your call. Angela High There. 202 00:11:36,853 --> 00:11:41,013 Speaker 7: Hi Garris. I work at a school and I'm employed 203 00:11:41,093 --> 00:11:44,293 Speaker 7: term time only, so no school holidays and I don't 204 00:11:44,293 --> 00:11:47,853 Speaker 7: get paid for school holidays. If I'm wanting to resign, 205 00:11:47,973 --> 00:11:51,333 Speaker 7: I have to give four weeks notice. If I do that, 206 00:11:51,653 --> 00:11:54,493 Speaker 7: say next week, that's two weeks of term, and then 207 00:11:54,533 --> 00:11:57,453 Speaker 7: the second two weeks would have fallen to the school holidays. 208 00:11:57,813 --> 00:12:00,253 Speaker 7: Does that count as my notice period in the school 209 00:12:00,253 --> 00:12:03,173 Speaker 7: holidays or will they make me come back and work 210 00:12:03,213 --> 00:12:04,853 Speaker 7: the two weeks of the first term. 211 00:12:05,573 --> 00:12:12,093 Speaker 3: Yeah, that's a great question. Without actually looking at the contract, 212 00:12:12,453 --> 00:12:17,893 Speaker 3: I'm really taking an informed guess. But my initial view 213 00:12:17,973 --> 00:12:22,573 Speaker 3: would be four weeks is four weeks, and if that 214 00:12:22,653 --> 00:12:28,053 Speaker 3: includes four weeks turn break in four weeks term time, 215 00:12:28,213 --> 00:12:31,413 Speaker 3: well well that should be enough. But there may be 216 00:12:31,413 --> 00:12:35,373 Speaker 3: fish hooks in the contract, So look at the contraction. 217 00:12:35,533 --> 00:12:38,853 Speaker 7: I can't Yeah, I can't see that there's anything in 218 00:12:38,893 --> 00:12:41,813 Speaker 7: the contract under notice period. It just as four weeks 219 00:12:42,173 --> 00:12:44,213 Speaker 7: contract employed term time only. 220 00:12:45,013 --> 00:12:49,813 Speaker 3: I mean what I often seduced to people is rather 221 00:12:49,933 --> 00:12:54,693 Speaker 3: than burning the bridge and then having an argument over it. 222 00:12:54,813 --> 00:12:58,093 Speaker 3: A good approach is often to say to the employer, Hey, 223 00:12:59,373 --> 00:13:01,893 Speaker 3: I need to resign. I know I have to give 224 00:13:01,973 --> 00:13:05,133 Speaker 3: four weeks. That would mean my last day is X. 225 00:13:05,253 --> 00:13:07,653 Speaker 3: I wanted to touch base with you first so that 226 00:13:07,693 --> 00:13:12,573 Speaker 3: we could discuss it. That certainly it makes you look 227 00:13:12,653 --> 00:13:15,453 Speaker 3: reasonable and it gives you weggle room, and then you 228 00:13:15,493 --> 00:13:17,733 Speaker 3: see how the employer is going to react as well. 229 00:13:18,093 --> 00:13:20,893 Speaker 2: Very good, best of luck with that. ANGELA good question too. 230 00:13:21,173 --> 00:13:22,893 Speaker 2: It's nine to four. We're going to try and squeeze 231 00:13:22,893 --> 00:13:24,133 Speaker 2: in two more, Gareth if we can. 232 00:13:24,293 --> 00:13:28,013 Speaker 5: Okay, my employer is wanting to put a new CCTV 233 00:13:28,133 --> 00:13:32,853 Speaker 5: in the workplace, and what are their obligations around the 234 00:13:33,093 --> 00:13:35,773 Speaker 5: content and my rights if anything came back on me 235 00:13:35,853 --> 00:13:38,453 Speaker 5: for what has said? Gossip was so. 236 00:13:38,573 --> 00:13:40,813 Speaker 2: Video cct and audio. 237 00:13:40,893 --> 00:13:44,373 Speaker 3: Okay, yeah, wow, that's a good one. Really comes down 238 00:13:44,373 --> 00:13:47,573 Speaker 3: to why the employer is wanting to do this. Is 239 00:13:47,613 --> 00:13:52,933 Speaker 3: it a safety sensitive workplace? Have there been thefts? Is 240 00:13:52,973 --> 00:13:57,973 Speaker 3: product disappearing? It's quite unusual for employers to be able 241 00:13:57,973 --> 00:14:01,813 Speaker 3: to justify sound recording as well as video recording. Usually 242 00:14:01,853 --> 00:14:05,333 Speaker 3: it's only video recording, but there may be a particular 243 00:14:05,373 --> 00:14:09,053 Speaker 3: reason for it, and the employer needs to justify that. 244 00:14:09,573 --> 00:14:16,213 Speaker 3: There should also be appropriate safety constraints on sorry, security 245 00:14:16,253 --> 00:14:19,533 Speaker 3: constraints on who can access that footage, how long it's 246 00:14:19,613 --> 00:14:20,373 Speaker 3: kept for, etc. 247 00:14:20,893 --> 00:14:24,333 Speaker 2: That's very fair. Last question, Annie, it's a great one. Hi, guys, 248 00:14:24,373 --> 00:14:27,133 Speaker 2: I've been offered a new part time job and I've 249 00:14:27,173 --> 00:14:30,093 Speaker 2: accepted verbally. Gareth, I've had a few hours training in 250 00:14:30,093 --> 00:14:32,493 Speaker 2: the position. Last week, I received the contract and the 251 00:14:32,613 --> 00:14:35,773 Speaker 2: letter have offered to sign yesterday. I haven't signed it yet. 252 00:14:35,893 --> 00:14:37,973 Speaker 2: The problem is I've just today been offered a better 253 00:14:38,053 --> 00:14:40,493 Speaker 2: job with better pay and more hours. Do I need 254 00:14:40,613 --> 00:14:43,733 Speaker 2: now to give notice? Given the verbal yes? 255 00:14:44,453 --> 00:14:51,653 Speaker 3: Oh that's fantastic. Generally, if you've verbally accepted, you've accepted. 256 00:14:53,013 --> 00:14:58,213 Speaker 3: But you know, I think raise it with the company. 257 00:14:58,773 --> 00:15:01,693 Speaker 3: They're most probably going to be miffed. But if you 258 00:15:01,733 --> 00:15:05,573 Speaker 3: haven't actually started, what damage have they suffered? 259 00:15:06,053 --> 00:15:08,253 Speaker 2: So well, that's a good thing to say, what damage? 260 00:15:08,253 --> 00:15:09,773 Speaker 2: If they said, yeah. 261 00:15:09,693 --> 00:15:12,173 Speaker 3: I'm pretty sure you can usually come to an arrangement 262 00:15:12,173 --> 00:15:13,413 Speaker 3: in a situation like that. 263 00:15:14,093 --> 00:15:16,093 Speaker 5: They wouldn't want an unhappy. 264 00:15:15,853 --> 00:15:18,813 Speaker 3: No, No, they wouldn't, but I suspect they must probably 265 00:15:18,853 --> 00:15:19,333 Speaker 3: be upset. 266 00:15:19,853 --> 00:15:22,773 Speaker 2: Yeah, Gareth, it is brilliant having you. Thank you very 267 00:15:22,853 --> 00:15:25,613 Speaker 2: much for your time. Just to reminded, Gareth's website as 268 00:15:25,693 --> 00:15:28,573 Speaker 2: abdenor law dot enz and the content of the segment 269 00:15:28,613 --> 00:15:30,453 Speaker 2: as general and nature and is not legal advice and 270 00:15:30,533 --> 00:15:33,213 Speaker 2: information discusses not intended to be a substitute for obtaining 271 00:15:33,213 --> 00:15:35,853 Speaker 2: specific professional advice and shouldn't be relied upon as such. 272 00:15:36,493 --> 00:15:40,133 Speaker 1: For more from Simon Barnett and James Daniels Afternoons, listen 273 00:15:40,213 --> 00:15:43,053 Speaker 1: live to news talks ed be or follow the podcast 274 00:15:43,093 --> 00:15:44,133 Speaker 1: on iHeartRadio.