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 --> 00:00:16,333 Speaker 2: We're with Gareth Abdenor, director of abden Or Employment Law 4 00:00:16,613 --> 00:00:20,373 Speaker 2: and an expert when it comes to employment. Great to 5 00:00:20,373 --> 00:00:23,173 Speaker 2: have you with us, Gareth, Thank you mate, it's pleasure 6 00:00:23,213 --> 00:00:25,773 Speaker 2: to be here now. Gareth, as I mentioned, is director 7 00:00:25,813 --> 00:00:28,333 Speaker 2: of Abdenor Employment Law, so he's open to your questions. 8 00:00:28,533 --> 00:00:31,653 Speaker 2: Eight hundred eighty ten eighty O eight hundred eighty ten 9 00:00:31,733 --> 00:00:33,893 Speaker 2: eighty or you can text us nine to nine two. 10 00:00:33,893 --> 00:00:35,453 Speaker 2: We'll get through as many as we can. 11 00:00:35,533 --> 00:00:38,173 Speaker 3: We've got a text to here saying hi Gareth. My 12 00:00:38,373 --> 00:00:41,853 Speaker 3: husband works a three hour weekend shift. He's on a 13 00:00:41,893 --> 00:00:44,813 Speaker 3: salary so it doesn't get paid for it, but gets 14 00:00:44,853 --> 00:00:48,453 Speaker 3: three hours off later in the week. Is this legal? 15 00:00:48,573 --> 00:00:51,373 Speaker 3: I see? Also, he's on the call list for the 16 00:00:51,413 --> 00:00:54,693 Speaker 3: alarms because we live nearby. We called it out at 17 00:00:54,733 --> 00:00:57,293 Speaker 3: times of all times of the night and at the weekends, 18 00:00:57,453 --> 00:01:00,053 Speaker 3: but he gets no conversation for that because they don't 19 00:01:00,053 --> 00:01:02,173 Speaker 3: want to pay a company to monitor the building. 20 00:01:03,333 --> 00:01:05,973 Speaker 4: Oh this is a fantastic one. There's so much in it. 21 00:01:07,133 --> 00:01:10,013 Speaker 4: The first point about him working three hours on the 22 00:01:10,053 --> 00:01:13,373 Speaker 4: weekend and then having three hours off and he doesn't 23 00:01:13,373 --> 00:01:16,373 Speaker 4: get paid for it. Well, if those are the agreed 24 00:01:16,453 --> 00:01:18,773 Speaker 4: hours of work, he does get paid for it, He 25 00:01:18,853 --> 00:01:24,453 Speaker 4: gets paid his salary. And so often see this where 26 00:01:25,133 --> 00:01:28,613 Speaker 4: people on a salary are still thinking like a waged employee, 27 00:01:28,653 --> 00:01:33,493 Speaker 4: and it's very, very different. I guess the question is 28 00:01:33,733 --> 00:01:35,613 Speaker 4: are those the agreed hours of work? 29 00:01:35,653 --> 00:01:35,893 Speaker 1: Though? 30 00:01:36,053 --> 00:01:39,333 Speaker 4: If they are, well, there's no issue with that right. 31 00:01:40,573 --> 00:01:45,373 Speaker 4: The being on call is a bit more interesting because 32 00:01:45,373 --> 00:01:49,213 Speaker 4: it depends on whether how often does this happen. If 33 00:01:49,213 --> 00:01:51,693 Speaker 4: it's happening all the time, there's an argument that it's 34 00:01:51,773 --> 00:01:57,093 Speaker 4: not reasonable and it's not covered under the salary, and 35 00:01:57,133 --> 00:01:59,373 Speaker 4: so you'd really need to look at how often does 36 00:01:59,413 --> 00:02:02,973 Speaker 4: it happen, how inconvenient is it? How often does he 37 00:02:03,053 --> 00:02:06,093 Speaker 4: get called out? You know, if it happens, you know, 38 00:02:07,493 --> 00:02:11,053 Speaker 4: once a month, that might be reasonable. If it's happening 39 00:02:11,253 --> 00:02:14,493 Speaker 4: three or four times a week, arguably that wouldn't be 40 00:02:14,533 --> 00:02:17,093 Speaker 4: reasonable and it wouldn't be covered by the salary. 41 00:02:18,133 --> 00:02:22,453 Speaker 2: A good answer, Gareth, I'm in sales and I get 42 00:02:22,493 --> 00:02:26,093 Speaker 2: paid salary and commission. If I take four weeks off, 43 00:02:26,373 --> 00:02:27,853 Speaker 2: do I only get my salary? 44 00:02:28,413 --> 00:02:28,613 Speaker 4: Oh? 45 00:02:29,013 --> 00:02:29,893 Speaker 3: I know the answer. 46 00:02:30,093 --> 00:02:32,853 Speaker 4: I love it. You know, anyone who's been listening to 47 00:02:32,893 --> 00:02:35,573 Speaker 4: the show for a while knows how much I love 48 00:02:35,653 --> 00:02:42,453 Speaker 4: Holidays Act questions. So, the Holidays Act is a bit 49 00:02:42,453 --> 00:02:46,893 Speaker 4: of a dog when it comes to legislation. But when 50 00:02:46,933 --> 00:02:50,213 Speaker 4: you take in your holidays, you need to get paid 51 00:02:51,333 --> 00:02:57,333 Speaker 4: either your ordinary weekly pay or your average pay over 52 00:02:57,373 --> 00:03:01,253 Speaker 4: the last twelve months, whichever is greater. Oh now, when 53 00:03:01,333 --> 00:03:04,613 Speaker 4: it comes to commissions, it really depends on whether you 54 00:03:04,733 --> 00:03:08,493 Speaker 4: regularly get paid those commission will not if you regularly 55 00:03:08,533 --> 00:03:11,653 Speaker 4: get paid the commissions. The definition in the Holidays Act 56 00:03:11,973 --> 00:03:16,053 Speaker 4: says that that should be included in the calculation of even. 57 00:03:15,853 --> 00:03:18,813 Speaker 3: If the commission is a different on a monthly basis. 58 00:03:21,333 --> 00:03:26,813 Speaker 4: So that that's a really quick summary of really complicated 59 00:03:26,893 --> 00:03:29,493 Speaker 4: legislation with all sorts of formulas and stuff. 60 00:03:29,573 --> 00:03:31,933 Speaker 2: But what was the first part of that that you 61 00:03:32,053 --> 00:03:34,373 Speaker 2: mentioned about the Because. 62 00:03:35,093 --> 00:03:39,333 Speaker 4: They're different ways of calculating the holiday pay, but generally 63 00:03:39,373 --> 00:03:42,013 Speaker 4: the employee gets the benefit of that where they get 64 00:03:42,053 --> 00:03:46,773 Speaker 4: the greater of calculations. So as always go to Employment 65 00:03:46,893 --> 00:03:50,373 Speaker 4: dot govt dot n Z and there's a there's a 66 00:03:50,373 --> 00:03:54,013 Speaker 4: comprehensive section there on holiday pay and how it's calculated. 67 00:03:54,413 --> 00:03:56,853 Speaker 2: As you say, the Holidays Act is a dog because 68 00:03:56,893 --> 00:03:58,693 Speaker 2: did you see the story. It was just a middle 69 00:03:58,733 --> 00:04:01,893 Speaker 2: of last week about McDonald's having to potentially backpay, and 70 00:04:01,933 --> 00:04:03,253 Speaker 2: it just happens all the time. 71 00:04:03,373 --> 00:04:05,653 Speaker 4: And one of the biggest issues as well was a 72 00:04:05,693 --> 00:04:11,813 Speaker 4: lot of the payroll providers their programs don't actually fit 73 00:04:11,933 --> 00:04:17,093 Speaker 4: with the Act, and so the Act calculates leave in 74 00:04:18,093 --> 00:04:21,333 Speaker 4: a certain way and most of the payroll programs calculator 75 00:04:21,413 --> 00:04:24,133 Speaker 4: in a different way. Yes, because it's easier to do 76 00:04:24,213 --> 00:04:28,613 Speaker 4: it that way, but it leads to some unintended consequences. 77 00:04:27,893 --> 00:04:29,893 Speaker 2: Which was yeah, which I think is what McDonald's. A 78 00:04:29,933 --> 00:04:32,413 Speaker 2: number of other businesses at least they were proactive and 79 00:04:32,453 --> 00:04:34,053 Speaker 2: sort of have offered it up and said we've got 80 00:04:34,093 --> 00:04:36,013 Speaker 2: it wrong, so you have to make your claim. But 81 00:04:36,053 --> 00:04:36,853 Speaker 2: what a nightmare. 82 00:04:37,053 --> 00:04:40,613 Speaker 4: But ultimately, most of these outfits that have had to 83 00:04:40,653 --> 00:04:44,893 Speaker 4: pay back pay for holiday pay, they didn't try and 84 00:04:45,013 --> 00:04:50,253 Speaker 4: pay the incorrect amount. So yeah, it's not ideal. 85 00:04:50,413 --> 00:04:54,293 Speaker 3: No. Now the Texas says Hi, Gareth. My wife is 86 00:04:54,333 --> 00:04:57,813 Speaker 3: a healthcare assistant. She applied for leave three months ago 87 00:04:57,893 --> 00:05:01,413 Speaker 3: and the companies come back last week and declined her leave. 88 00:05:01,933 --> 00:05:04,573 Speaker 3: We're going overseas and the tickets were booked in advance. 89 00:05:05,053 --> 00:05:07,373 Speaker 3: Can she still go on leave? Will she be fired 90 00:05:07,373 --> 00:05:10,893 Speaker 3: from her job? She's Bobby Bobby Man. 91 00:05:11,093 --> 00:05:16,773 Speaker 4: Goodness, I guess my question isn't the question that the 92 00:05:16,853 --> 00:05:19,973 Speaker 4: caller has asked. My question is when did they book 93 00:05:20,013 --> 00:05:24,133 Speaker 4: the tickets? Because why did you book the tickets before 94 00:05:24,173 --> 00:05:25,373 Speaker 4: you had approven. 95 00:05:26,613 --> 00:05:27,693 Speaker 2: That's the sort of thing I would do. 96 00:05:28,333 --> 00:05:30,933 Speaker 4: Yeah, people, it's not an aumous time, man. It kind 97 00:05:30,933 --> 00:05:32,933 Speaker 4: of sometimes doesn't work out that well. 98 00:05:33,293 --> 00:05:34,853 Speaker 2: So no, but I would do that. That is the 99 00:05:34,893 --> 00:05:36,373 Speaker 2: kind of thing i'd do because I'm an optimist, So 100 00:05:36,373 --> 00:05:38,933 Speaker 2: I'd book the tickets, presuming because I've got a good 101 00:05:38,933 --> 00:05:41,533 Speaker 2: relationship with my bosses that they would say yes. So 102 00:05:41,653 --> 00:05:45,533 Speaker 2: in this instance, if she had booked the tickets well 103 00:05:45,573 --> 00:05:48,973 Speaker 2: in advance before getting the leave approved and they've now 104 00:05:49,053 --> 00:05:52,333 Speaker 2: said no, I mean surely you could go to your 105 00:05:52,333 --> 00:05:55,213 Speaker 2: employer and say, look, I booked these I shouldn't have, 106 00:05:55,253 --> 00:05:55,933 Speaker 2: but I've done it. 107 00:05:56,333 --> 00:06:00,453 Speaker 4: Yep. And it really comes down to whise the employer 108 00:06:00,493 --> 00:06:03,733 Speaker 4: declimbed the leave. I mean, if they short staffed, they 109 00:06:04,053 --> 00:06:06,293 Speaker 4: were within their rights to say, well, no, you can't go. 110 00:06:06,533 --> 00:06:08,933 Speaker 4: And if you go, well then you in breach of 111 00:06:09,013 --> 00:06:10,533 Speaker 4: your employment agreement. 112 00:06:11,213 --> 00:06:11,613 Speaker 2: MM hmm. 113 00:06:12,773 --> 00:06:15,933 Speaker 4: Often this happens and the parties can come to a 114 00:06:15,973 --> 00:06:20,573 Speaker 4: reasonable compromise. But but it's not a great idea to 115 00:06:20,973 --> 00:06:24,573 Speaker 4: go and book flights if you actually have leave approved yet. 116 00:06:24,653 --> 00:06:28,293 Speaker 2: Right, But on looking at the positive side, if there 117 00:06:28,373 --> 00:06:31,613 Speaker 2: is one, if they approved to leave, she booked the 118 00:06:31,613 --> 00:06:34,173 Speaker 2: tickets and then they said, I'm sorry, we're now short staffed. 119 00:06:34,453 --> 00:06:36,133 Speaker 4: They would be different and. 120 00:06:36,093 --> 00:06:38,933 Speaker 2: You could tell them to get stuffed in a nice way, 121 00:06:39,013 --> 00:06:39,973 Speaker 2: you know, please be stuff. 122 00:06:40,333 --> 00:06:44,093 Speaker 3: Yeah, yeah, are you talking about the employee telling them 123 00:06:44,133 --> 00:06:44,733 Speaker 3: to get stuffed. 124 00:06:44,733 --> 00:06:49,293 Speaker 2: No, I'm not I'm joking. No, no, no, And then they 125 00:06:49,333 --> 00:06:55,653 Speaker 2: book tickets and then the employee Yeah, then Garret saying 126 00:06:55,693 --> 00:06:58,213 Speaker 2: they would definitely have grounds these the employee would have 127 00:06:58,213 --> 00:06:59,173 Speaker 2: grounds to push back. 128 00:06:59,213 --> 00:07:00,853 Speaker 4: And I thought they could still go on there leave 129 00:07:00,973 --> 00:07:03,773 Speaker 4: if they've if they've had the leave approved and then 130 00:07:03,813 --> 00:07:05,933 Speaker 4: they've incurred costs booked their flights. 131 00:07:07,413 --> 00:07:11,493 Speaker 2: That surprised me. That's all not mate, You're a hard man, James. 132 00:07:11,733 --> 00:07:14,093 Speaker 2: Loads of texts you have to get through. Here, will 133 00:07:14,093 --> 00:07:17,853 Speaker 2: work as many as we can. Hi, Nathan, goody, guys, 134 00:07:17,853 --> 00:07:21,173 Speaker 2: you're right, Yeah, good mate, thank you now. I pulled 135 00:07:21,213 --> 00:07:23,853 Speaker 2: over specially just thinking about this healthcare worker you're just 136 00:07:23,853 --> 00:07:24,733 Speaker 2: discussing now. 137 00:07:24,773 --> 00:07:26,653 Speaker 1: She said, you didn't answer the question. 138 00:07:27,813 --> 00:07:31,613 Speaker 3: She applied three months ago and they replied one week ago. 139 00:07:32,173 --> 00:07:35,253 Speaker 2: What's a reasonable period of time that an employer must 140 00:07:35,293 --> 00:07:39,533 Speaker 2: reply with regards to leave because she's accumulated a quarter 141 00:07:39,613 --> 00:07:43,973 Speaker 2: of a year's worth of that time. Excellent question. 142 00:07:44,213 --> 00:07:48,213 Speaker 4: That sounds like a good employee advocate here. That's a 143 00:07:48,213 --> 00:07:53,373 Speaker 4: great question, and the employer should should respond in a 144 00:07:53,413 --> 00:07:58,893 Speaker 4: reasonable amount of time. Of course, did the employee chase 145 00:07:59,253 --> 00:08:05,253 Speaker 4: the employer up? You know, if this got accidentally overlooked? 146 00:08:06,813 --> 00:08:09,653 Speaker 4: You did the employee just go well, I've put in 147 00:08:09,653 --> 00:08:12,373 Speaker 4: the application. I'm going to take it that it's been approved. 148 00:08:12,933 --> 00:08:16,213 Speaker 4: Did you say I haven't heard from you? Is this okay? 149 00:08:17,253 --> 00:08:19,173 Speaker 4: So I don't think we have enough details. But that 150 00:08:19,333 --> 00:08:21,653 Speaker 4: is a good point, and it was one that I 151 00:08:21,693 --> 00:08:25,133 Speaker 4: thought of. Both parties have to act in good faith. 152 00:08:25,333 --> 00:08:26,413 Speaker 2: Right, that's the critical thing. 153 00:08:26,493 --> 00:08:30,933 Speaker 3: All right? Thanks? Nathan Texas says, hello, boys, I am 154 00:08:30,973 --> 00:08:33,813 Speaker 3: on a salary and I'm not rostered on a Monday, 155 00:08:34,133 --> 00:08:36,653 Speaker 3: so I really get the public holidays that occur on 156 00:08:36,693 --> 00:08:39,293 Speaker 3: a Monday. I miss out on several days a year. 157 00:08:39,533 --> 00:08:41,933 Speaker 3: Should I be compensated? They're on a salary. 158 00:08:42,573 --> 00:08:46,173 Speaker 4: Well, I think there's that use of the word should. 159 00:08:47,413 --> 00:08:50,893 Speaker 4: You could certainly argue that you should get some sort 160 00:08:50,933 --> 00:08:55,613 Speaker 4: of benefit, but no, legally, if you don't work on Mondays, 161 00:08:56,453 --> 00:08:59,533 Speaker 4: then you miss out on those public holidays. And that 162 00:08:59,653 --> 00:09:02,813 Speaker 4: happens to people that work on other days and they 163 00:09:02,853 --> 00:09:04,493 Speaker 4: miss out on public holidays too. 164 00:09:05,573 --> 00:09:09,373 Speaker 3: So if it's a rostered day off on a public holiday, 165 00:09:09,373 --> 00:09:12,093 Speaker 3: you don't get it. Do you not get any time 166 00:09:12,133 --> 00:09:12,373 Speaker 3: off in. 167 00:09:12,453 --> 00:09:16,653 Speaker 4: Lou It really depends on what type of holiday it 168 00:09:16,813 --> 00:09:20,373 Speaker 4: is and if it would be a day that you 169 00:09:20,413 --> 00:09:23,213 Speaker 4: would usually work. Now, if you don't work on. 170 00:09:23,173 --> 00:09:27,453 Speaker 2: Mondays, right, that's the key thing. That's the key thing, Buma, 171 00:09:27,653 --> 00:09:30,493 Speaker 2: which is why we don't. Oh, we don't either. 172 00:09:31,773 --> 00:09:33,853 Speaker 4: Should we get some compensation for you guys? 173 00:09:33,973 --> 00:09:35,453 Speaker 2: I think we should change your answer? 174 00:09:36,013 --> 00:09:37,613 Speaker 4: Yeah, I'll see what I can do. 175 00:09:37,813 --> 00:09:39,973 Speaker 2: Yeah, Hi, Gareth. Our company is trying to get our 176 00:09:40,093 --> 00:09:43,013 Speaker 2: leave balances as close to zero as possible. Can this 177 00:09:43,213 --> 00:09:44,413 Speaker 2: be enforced? 178 00:09:45,893 --> 00:09:52,013 Speaker 4: Hmmm, that's a good one. It is sensible for a 179 00:09:52,093 --> 00:09:57,053 Speaker 4: company to manage leave balances, and it depends on what 180 00:09:57,173 --> 00:10:00,613 Speaker 4: leave balances we're talking about, and often people misunderstand this. 181 00:10:00,853 --> 00:10:06,333 Speaker 4: There's leave that you're entitled to and leave that you're accruing. Now, 182 00:10:07,933 --> 00:10:10,653 Speaker 4: it would be quite sensible for a company to try 183 00:10:10,893 --> 00:10:15,733 Speaker 4: and reduce the entitled leave. And this is for a 184 00:10:15,813 --> 00:10:19,093 Speaker 4: few reasons. The first one is that's a contingent liability 185 00:10:19,173 --> 00:10:22,253 Speaker 4: on the company's books, and so it's a good idea 186 00:10:22,293 --> 00:10:26,733 Speaker 4: to keep that low. A reason that's slightly less cynical 187 00:10:27,293 --> 00:10:30,373 Speaker 4: is that the whole purpose of leave is so that 188 00:10:30,773 --> 00:10:35,253 Speaker 4: your team is rested, and so it's a good idea 189 00:10:35,333 --> 00:10:38,053 Speaker 4: to make sure that they actually take their leave. What 190 00:10:38,093 --> 00:10:41,773 Speaker 4: I see all the time is that employers are often 191 00:10:41,893 --> 00:10:44,693 Speaker 4: not good at managing leave, and so people don't take 192 00:10:44,813 --> 00:10:48,853 Speaker 4: leave and they build up a huge amount. That's not 193 00:10:49,013 --> 00:10:52,053 Speaker 4: good because it's not good on the books. It's not good. 194 00:10:52,053 --> 00:10:54,533 Speaker 4: If the employee resigns, they have to get paid out 195 00:10:54,573 --> 00:10:57,453 Speaker 4: that leave, and often they stress them tired. 196 00:10:57,973 --> 00:10:59,413 Speaker 2: Yeah, very good. Okay. 197 00:10:59,413 --> 00:11:03,653 Speaker 3: Another textas saying Gareth, I am an employer and I'm 198 00:11:03,653 --> 00:11:08,213 Speaker 3: struggling with staff requesting long leave without pay up to 199 00:11:08,253 --> 00:11:12,173 Speaker 3: three months? Should I be accruing and you'll leave over 200 00:11:12,213 --> 00:11:12,813 Speaker 3: this period? 201 00:11:13,133 --> 00:11:13,933 Speaker 2: Does that make sense? 202 00:11:13,933 --> 00:11:14,413 Speaker 3: That lasts? 203 00:11:14,413 --> 00:11:19,773 Speaker 4: But yeah, So leave without pay is quite a tricky 204 00:11:19,813 --> 00:11:24,893 Speaker 4: one and it's quite difficult to generalize because the parties 205 00:11:24,973 --> 00:11:28,853 Speaker 4: can agree on how they treat the acquural of leave, 206 00:11:28,893 --> 00:11:32,853 Speaker 4: et cetera. On leave without pay period. But this call 207 00:11:33,013 --> 00:11:36,293 Speaker 4: is right. There are a lot of businesses that are 208 00:11:36,293 --> 00:11:39,733 Speaker 4: having to deal with employees that are asking for extended 209 00:11:39,893 --> 00:11:44,053 Speaker 4: periods away and it can be very, very difficult to manage. 210 00:11:45,333 --> 00:11:48,093 Speaker 2: Can you could an employee just point blank say we 211 00:11:48,133 --> 00:11:50,693 Speaker 2: don't do leave without pay. You've got your annual leave, 212 00:11:50,973 --> 00:11:53,613 Speaker 2: you've got your sick days, which have increased to ten. 213 00:11:53,693 --> 00:11:55,613 Speaker 2: That's plenty. We don't do leave without pay. 214 00:11:55,813 --> 00:11:58,933 Speaker 4: No, you can't, because you've got to treat each case 215 00:11:58,973 --> 00:12:01,333 Speaker 4: on a case by case basis. You can have a 216 00:12:01,333 --> 00:12:06,573 Speaker 4: policy that seers we generally are not in favor of it, 217 00:12:07,373 --> 00:12:10,293 Speaker 4: but if someone has a particular reason and they apply 218 00:12:10,453 --> 00:12:12,333 Speaker 4: for it, you do have to consider it on a 219 00:12:12,373 --> 00:12:16,733 Speaker 4: case by case basis. Okay, you're also entitled to say 220 00:12:16,773 --> 00:12:18,933 Speaker 4: no after you've considered it in good faith. 221 00:12:19,493 --> 00:12:22,733 Speaker 2: Right, We'll try and get through two more. Gareth, I 222 00:12:22,813 --> 00:12:25,453 Speaker 2: work in sales and I am about to be made redundant. 223 00:12:25,613 --> 00:12:29,173 Speaker 2: Can my employer enforce the non compete in my contract? 224 00:12:29,533 --> 00:12:34,933 Speaker 4: Potentially? Yes, Again, that's something that we can't. We can't 225 00:12:34,973 --> 00:12:37,893 Speaker 4: give you an answer one way or another without more details. 226 00:12:37,933 --> 00:12:42,893 Speaker 4: But it depends on whether the restraint is considered reasonable 227 00:12:43,013 --> 00:12:48,733 Speaker 4: or not. Now, reasonableness depends on the geographic area, the 228 00:12:48,773 --> 00:12:51,253 Speaker 4: time period of the restraint, and what it is that 229 00:12:51,293 --> 00:12:54,173 Speaker 4: you actually do. Right, So you can't just prefer. You 230 00:12:54,213 --> 00:12:58,453 Speaker 4: can't prevent competition, but you can prevent unfair competition. 231 00:12:59,413 --> 00:13:04,333 Speaker 3: Great, Okay, as holiday days go, they are yours, not 232 00:13:04,413 --> 00:13:07,053 Speaker 3: the bosses. This is what a text is saying, they're yours, 233 00:13:07,093 --> 00:13:08,653 Speaker 3: not the bosses. Within reason. 234 00:13:10,453 --> 00:13:16,373 Speaker 4: Yeah, that's the key point there. Within reason. So the 235 00:13:16,453 --> 00:13:20,493 Speaker 4: acts is that the leave needs to be agreed between 236 00:13:20,533 --> 00:13:23,853 Speaker 4: the parties, and if it can't be agreed, then an 237 00:13:23,853 --> 00:13:27,253 Speaker 4: employer can instruct the employee to take leave on fourteen 238 00:13:27,333 --> 00:13:32,813 Speaker 4: days notice. So yes, that entitlement is yours as an employee, 239 00:13:33,133 --> 00:13:35,893 Speaker 4: but when you take it has to be in consultation 240 00:13:36,053 --> 00:13:37,573 Speaker 4: and agreement with your employer. 241 00:13:37,853 --> 00:13:40,373 Speaker 2: Okay, one more question and we'll have to wrap it up. Well, 242 00:13:40,413 --> 00:13:42,973 Speaker 2: keep all the texts. We didn't get through today though. Hi, Gareth, 243 00:13:43,013 --> 00:13:45,733 Speaker 2: I'm on's salary and also have a twenty percent bonus 244 00:13:45,893 --> 00:13:48,693 Speaker 2: in my contract. Every year for the last seven years, 245 00:13:48,773 --> 00:13:51,653 Speaker 2: I've got my bonus. This year, we achieved more than 246 00:13:51,733 --> 00:13:56,013 Speaker 2: last year's sales, however, didn't achieve inflated budget growth numbers. 247 00:13:56,453 --> 00:13:59,533 Speaker 2: We got zero bonus. Huge shock. Is that legal? 248 00:14:01,453 --> 00:14:06,733 Speaker 4: Potentially yes, as it really comes down to exactly what 249 00:14:06,773 --> 00:14:12,533 Speaker 4: the bonus provision in the agreement says. It may be 250 00:14:12,813 --> 00:14:16,773 Speaker 4: that it depends on meeting the budget and the budget 251 00:14:16,773 --> 00:14:21,733 Speaker 4: hasn't been met, so potentially yes. Of course, there's always 252 00:14:21,853 --> 00:14:24,573 Speaker 4: the employer needs to act in good faith, as does 253 00:14:24,613 --> 00:14:28,733 Speaker 4: the employee, so if they've artificially inflated budgets so that 254 00:14:28,773 --> 00:14:31,653 Speaker 4: you don't get your commission, then you may have a claim. 255 00:14:32,453 --> 00:14:34,773 Speaker 2: Very good mate, We love having you in Gareth, Thank 256 00:14:34,813 --> 00:14:38,173 Speaker 2: you my pleasure. Abdnor Just a reminder Gareth as director 257 00:14:38,213 --> 00:14:42,493 Speaker 2: of Abdenor Employment Law and I also should point out 258 00:14:42,493 --> 00:14:44,293 Speaker 2: the content of this segment as general in nature and 259 00:14:44,373 --> 00:14:46,853 Speaker 2: is not legal advice. Any information discussed is not intended 260 00:14:46,853 --> 00:14:49,213 Speaker 2: to be a substitute for obtaining specific professional advice and 261 00:14:49,213 --> 00:14:51,653 Speaker 2: shouldn't be relied upon as such. Thank you again, Gareth. 262 00:14:51,893 --> 00:14:52,533 Speaker 3: Thanks mate. 263 00:14:53,013 --> 00:14:56,613 Speaker 1: For more from Simon Barnett and James Daniels. Afternoons, listen 264 00:14:56,733 --> 00:14:59,573 Speaker 1: live to news talks I'd Be or follow the podcast 265 00:14:59,613 --> 00:15:00,653 Speaker 1: on iHeartRadio.