WEBVTT - Max Whitehead: How do you ask for a raise? 0:00:05.761 --> 0:00:09.321 You're listening to the Weekend Collective podcast from news Talk, 0:00:09.401 --> 0:00:09.801 said by. 0:00:12.561 --> 0:00:29.721 In the open classroom, why you sample of his sample 0:00:30.281 --> 0:00:52.001 bas Wow Western class elms, Damn son. 0:00:51.921 --> 0:01:00.561 Manco and welcome back to the Weekend Collective. I did 0:01:00.721 --> 0:01:02.401 let that music run a little bit long, but I thought, 0:01:02.441 --> 0:01:04.201 now we're not a music station, but a little bit 0:01:04.201 --> 0:01:06.561 of Jimmy Boards working class Man. I don't think there's 0:01:06.561 --> 0:01:08.841 anyone out there who objected an extra four or eight 0:01:08.881 --> 0:01:12.281 bars working class Man, because and we like to tie 0:01:12.361 --> 0:01:15.321 in a little bit of music into our themes. And 0:01:15.401 --> 0:01:17.801 we even managed to tie him when we interviewed Todd McLay. 0:01:17.881 --> 0:01:20.841 My producer found a song about hunting and fishing because 0:01:21.121 --> 0:01:23.561 Todd McLay is the Minister for Hunting and fishing, and 0:01:23.681 --> 0:01:25.721 I think he's just added it to his playlist. But anyway, 0:01:26.121 --> 0:01:28.161 this is a clue as to who my guest is 0:01:28.201 --> 0:01:30.161 for Smart Money, we want your cause, by the way, 0:01:30.161 --> 0:01:32.601 I eight hundred and eighty ten eighty or text nine 0:01:32.921 --> 0:01:36.681 nine two if you have any questions as an employee 0:01:36.881 --> 0:01:40.921 or as an employer, because my my guest in the 0:01:41.001 --> 0:01:44.761 studio is an employment relations practitioner at the Whitehead Group. 0:01:44.841 --> 0:01:47.561 He's no stranger to you all or to me, and 0:01:47.761 --> 0:01:49.081 his name is Max Whitehead. Max. 0:01:49.161 --> 0:01:52.041 Good afternoon, Hey Tim are really good? Well what are welcome? 0:01:52.121 --> 0:01:53.521 That's really cool? Thanks very much? 0:01:53.681 --> 0:01:55.681 Did I give you? It's a good Read's good for 0:01:55.921 --> 0:01:56.721 a little bit of Jimmy. 0:01:56.761 --> 0:01:59.121 But I love the music. It's hyped me up as 0:01:59.161 --> 0:01:59.561 well as you. 0:01:59.641 --> 0:02:01.601 By the way, Yeah, working class man? Are you a 0:02:01.681 --> 0:02:02.441 working class man? 0:02:04.561 --> 0:02:04.601 It? 0:02:08.081 --> 0:02:10.321 Well? Yeah, I did an apprenticeship as a bato mechanic 0:02:10.361 --> 0:02:11.921 and I got my hands dirty. I didn't like it. 0:02:12.401 --> 0:02:15.361 Really literally, you didn't like having my hands dirty. Four 0:02:15.401 --> 0:02:17.441 and a half years I did an apprenticeship and they 0:02:17.481 --> 0:02:18.641 didn't like it. My hand's dirty. 0:02:18.801 --> 0:02:21.681 Actually, that's an interesting is it a different kind of dirtiness, 0:02:21.761 --> 0:02:23.681 Like if you've been painting or if you've been a gardener. 0:02:23.721 --> 0:02:27.161 There's different types of dirt. Oil. Actually, if you're a mechanic, 0:02:27.241 --> 0:02:28.281 I imagine that would. 0:02:28.041 --> 0:02:30.361 Be something that we used to clean all the parts 0:02:30.401 --> 0:02:33.361 and kerosene and whatever. The oil was everywhere and you 0:02:33.481 --> 0:02:35.361 get under a car they were dripping with oil in 0:02:35.441 --> 0:02:36.921 those good old days way. 0:02:36.761 --> 0:02:38.481 Back, and oh there we go. So he's not a 0:02:38.561 --> 0:02:41.081 working class man, Tyra, I find another song. 0:02:44.361 --> 0:02:44.601 To him. 0:02:44.641 --> 0:02:46.561 I'm just kidding us. 0:02:46.681 --> 0:02:48.201 Clerical workers do work. 0:02:49.921 --> 0:02:52.281 I've been working. I've been doing my own DIY plastering 0:02:52.361 --> 0:02:52.761 and painting. 0:02:52.841 --> 0:02:55.001 Look at your hands, I mean they're just pure white 0:02:55.921 --> 0:02:56.481 like silk. 0:02:56.801 --> 0:03:00.001 Well that bit of white there is actually paint, I 0:03:00.041 --> 0:03:02.921 should point out, it's only a tiny fleck. Anyway, Hey, look, 0:03:02.961 --> 0:03:05.721 we want your cause if you have a a question 0:03:05.801 --> 0:03:09.801 around employment or your position, but also it might be 0:03:09.881 --> 0:03:12.761 a tactical question about how to manage your relationship within 0:03:12.801 --> 0:03:15.401 the workplace. Because there's one thing to have rules and 0:03:15.561 --> 0:03:17.521 this is what you can't do, this is what you 0:03:17.601 --> 0:03:20.721 can do. But there's also another thing about pragmatism and 0:03:20.841 --> 0:03:23.801 managing the relationship that you have, either as an employer 0:03:24.361 --> 0:03:26.561 or as an employee. In fact, that is a big 0:03:26.681 --> 0:03:29.121 part of advice that you would probably give to people 0:03:29.121 --> 0:03:32.481 because if you're baxing against the wall, okay, you're in 0:03:32.521 --> 0:03:34.561 a legal situation, you're going to go with it. But 0:03:34.681 --> 0:03:38.361 often max with employees and employers, it's all about managing 0:03:38.401 --> 0:03:41.401 that relationship sort of within and at the edges of 0:03:41.441 --> 0:03:41.921 the rules. 0:03:42.041 --> 0:03:44.121 And one of the complaints I get all the time 0:03:44.281 --> 0:03:47.561 right now is, hey, look, my workers just feel entitled. 0:03:47.721 --> 0:03:49.681 They come to me and say I want this, I 0:03:49.721 --> 0:03:52.001 want that, and they need this. Can you provide it 0:03:52.041 --> 0:03:53.801 for me now? And by the way, I deserve it. 0:03:54.401 --> 0:03:56.721 Well, because one of the questions we've got about is 0:03:56.801 --> 0:03:59.121 the whole thing about is it worth going above and beyond, 0:03:59.801 --> 0:04:02.601 in other words, doing things that are not strictly in 0:04:02.721 --> 0:04:05.481 accordance with your job title. It might even be behind 0:04:05.521 --> 0:04:07.081 for half an hour, staying behind for an hour to 0:04:07.121 --> 0:04:10.161 finish something off. And that's a waxing and waning situation, 0:04:10.281 --> 0:04:13.881 isn't it. Because if you're in a when businesses are 0:04:13.921 --> 0:04:19.201 finding it tough and you want your employer's company to survive, 0:04:19.641 --> 0:04:21.641 sometimes people do go the extra mile. But then with 0:04:21.761 --> 0:04:23.721 the employer at some stage there's a quid pro quo, 0:04:23.881 --> 0:04:24.161 isn't that? 0:04:24.241 --> 0:04:27.801 Oh yeah, Now, look that's really an important issue here 0:04:28.081 --> 0:04:30.321 because I mean, it works very much with employees. You 0:04:30.361 --> 0:04:33.081 give them a benefit and which is over and above. 0:04:33.161 --> 0:04:35.321 You know, the employee gives them a benefit, they'll consider 0:04:35.321 --> 0:04:37.881 it there right after a few months, and so it's 0:04:37.881 --> 0:04:39.801 the same thing happens the other way around. So if 0:04:39.841 --> 0:04:41.601 you're giving their boss or bit the extra, then you 0:04:41.721 --> 0:04:44.561 pull it back the boss has miffed, what the hell's 0:04:44.601 --> 0:04:44.881 going on? 0:04:45.081 --> 0:04:46.441 This is one of the questions we've got for you. 0:04:47.041 --> 0:04:49.721 Have you gone above and beyond? And if you did, 0:04:49.961 --> 0:04:51.801 how long did you do it before you thought? Okay, 0:04:51.881 --> 0:04:54.041 hang on a minute. I'm giving a bit extra here. 0:04:54.601 --> 0:04:57.281 I think it's time it was recognized because there is that. 0:04:58.161 --> 0:05:00.521 It's an ebb and the flow. There's a waxing and 0:05:00.561 --> 0:05:03.881 a waning of goodwill. So is it worth going above 0:05:03.921 --> 0:05:07.641 and beyond? And if it is, what do you expect 0:05:07.681 --> 0:05:10.481 and return? Do you actually spell that out? When do 0:05:10.521 --> 0:05:12.201 you spell it out? Do you keep quiet and just 0:05:12.241 --> 0:05:14.881 hope for you know that somehow the hard work will 0:05:14.881 --> 0:05:16.761 pay off. Give us a call. I wait, one hundred 0:05:17.041 --> 0:05:19.681 eighty ten eighty. Any other questions you've got around employment, 0:05:19.961 --> 0:05:22.041 Max is here to help. You can contact him also 0:05:22.041 --> 0:05:24.081 at the white Head group. He's easy to find. Look 0:05:24.081 --> 0:05:26.561 you just look up Max Whitehead, type of umployment and 0:05:26.641 --> 0:05:31.241 he's all over it. I mean not all over, not 0:05:31.321 --> 0:05:33.681 all over the place either. That sounds like we around them. 0:05:33.601 --> 0:05:35.681 When you people are around In my place, I lie 0:05:35.801 --> 0:05:37.441 or over the disk. I mean that's how I do it. 0:05:38.001 --> 0:05:38.361 Lean there. 0:05:38.801 --> 0:05:42.041 That sounds like an HR problem, But I'll talk about 0:05:42.121 --> 0:05:44.961 later anyway. Just right, we got some calls you read 0:05:45.041 --> 0:05:45.881 or roll. Shall we get into it? 0:05:46.681 --> 0:05:47.481 Bring it on, Chris? 0:05:47.521 --> 0:05:49.961 Hello, Hi Chris, Yeah, Hi. 0:05:50.001 --> 0:05:54.481 Good evening. Does some inquiry. I wait for a government 0:05:56.001 --> 0:06:00.241 agency down here, and I just want to ask if 0:06:00.361 --> 0:06:03.521 I if it's a public public holiday and I was 0:06:03.681 --> 0:06:08.001 rosted on the day I was off because we don't 0:06:08.081 --> 0:06:13.641 meet public holiday because Monday was am I still paid 0:06:13.801 --> 0:06:18.081 for that day because you know how you get time 0:06:18.161 --> 0:06:20.721 and a half or a day in lou if you've 0:06:20.761 --> 0:06:25.321 worked a day on the public holiday. But because I 0:06:25.481 --> 0:06:28.161 wasn't on that day, do I still get paid for 0:06:28.281 --> 0:06:29.761 that day I was posted to get paid? 0:06:30.241 --> 0:06:33.161 Yeah, Chris. It's a very common question because I guarantee 0:06:33.161 --> 0:06:36.681 you paid by salary and so quite often the employers 0:06:36.761 --> 0:06:39.521 will require people to come in on a public holiday 0:06:39.881 --> 0:06:42.721 and think, well their salary covers that, Well it doesn't. 0:06:43.281 --> 0:06:46.001 It doesn't. So the answer to your question, Chris, yes, 0:06:46.121 --> 0:06:48.321 you are entitled the time and a half for the 0:06:48.401 --> 0:06:51.441 extra for work in that public holiday and a day 0:06:51.481 --> 0:06:53.921 in lou if it's normally your day off, that's what 0:06:54.041 --> 0:06:56.881 you're entitled. You haven't had your public holiday, and that's 0:06:56.881 --> 0:06:57.961 what the Act provides for you. 0:06:58.041 --> 0:07:02.921 It's all yours okay, and that's one thing. If I've 0:07:02.961 --> 0:07:06.801 only been there a short time, in the same coming 0:07:06.841 --> 0:07:10.881 to Christmas holidays for four weeks holidays because okay, we 0:07:11.041 --> 0:07:16.281 don't we're not open. Also on the public holidays. 0:07:15.881 --> 0:07:16.121 That we. 0:07:18.681 --> 0:07:22.321 Well, we don't work those. So I don't have any 0:07:22.361 --> 0:07:28.841 annual leave. I don't get any annually because I haven't 0:07:28.881 --> 0:07:29.641 been there long enough. 0:07:29.761 --> 0:07:32.681 So what happens, Chris, is such a In the Holidays Act, 0:07:33.001 --> 0:07:36.721 there's a section talks about shutdown periods. So an employer 0:07:36.761 --> 0:07:39.241 is entitled to have a shutdown period provided they've given 0:07:39.321 --> 0:07:44.321 you fourteen days notice. And then, unfortunately for you, you 0:07:44.481 --> 0:07:48.001 won't qualify to get paid the full amount. Now, since 0:07:48.001 --> 0:07:51.041 you work for a government department, they probably will give 0:07:51.121 --> 0:07:54.921 you full amount. I don't know, but their legal obligation 0:07:55.201 --> 0:07:57.481 is only to pay you eight percent of your earnings 0:07:57.561 --> 0:07:58.201 up to that date. 0:07:58.521 --> 0:08:00.041 I'm guessing they probably do cover. 0:08:00.281 --> 0:08:00.401 Right. 0:08:00.921 --> 0:08:04.641 Yeah, our government department stup, but most employers won't. Okay, 0:08:05.041 --> 0:08:07.161 pretty harsh on you start. 0:08:07.081 --> 0:08:09.081 Good on your Chris, thanks for you call. Hey, by 0:08:09.121 --> 0:08:12.161 the way, what is a nice diplomatic way? So you're 0:08:12.201 --> 0:08:14.841 on a salary, and I imagine for a lot of 0:08:14.881 --> 0:08:16.841 employers they're like, oh, they're on the salary, just pay 0:08:16.881 --> 0:08:18.361 them and then ask them to do whatever I want. 0:08:18.801 --> 0:08:20.481 So they've asked you to come on in a public 0:08:20.521 --> 0:08:23.441 holiday and there's no discussion about it. You've just said, 0:08:23.441 --> 0:08:25.881 obviously your own time to time and a half? How 0:08:26.201 --> 0:08:29.841 do what's the best way to raise that? And a friendly, 0:08:30.081 --> 0:08:35.601 non confrontational because you might have an employer who's thinking, 0:08:35.921 --> 0:08:37.241 what do you mean you want to be paid extra? 0:08:37.401 --> 0:08:38.001 How do you raise that? 0:08:38.041 --> 0:08:39.441 Well, the first thing you should do is check your 0:08:39.481 --> 0:08:42.041 employment agroupment because if it doesn't say that you could 0:08:42.121 --> 0:08:44.841 be required to attend work on a public holiday, you 0:08:44.921 --> 0:08:47.641 can refuse to work that day. So you could say, no, 0:08:47.841 --> 0:08:50.081 I'm not working Christmas day. I don't want to and 0:08:50.321 --> 0:08:52.721 your contract doesn't say so, so I'm not contracted to 0:08:52.841 --> 0:08:55.761 do that. But if it does, if it does require 0:08:55.801 --> 0:08:57.761 you to do that, he said, if required, you've got 0:08:57.801 --> 0:09:01.441 to attend on a public holiday and you're not very 0:09:01.481 --> 0:09:03.921 happy about it, well you can raise it with your employer, 0:09:04.001 --> 0:09:06.441 of course, and say to them, hey, is there anyone 0:09:06.481 --> 0:09:08.761 else might be more interested in that day because it 0:09:08.881 --> 0:09:11.161 is important for my family? Et cetera, et cetera, et cetera, 0:09:11.481 --> 0:09:13.921 but it's all about as you started off before, to 0:09:14.241 --> 0:09:18.481 the approach and do it in a manner saying, first off, 0:09:18.481 --> 0:09:20.561 think of it from the employe's perspective. Someone's going to 0:09:20.601 --> 0:09:23.521 work that day obviously, so is there someone else aboutable 0:09:23.521 --> 0:09:25.961 that could do it? Would you like me, boss to 0:09:25.961 --> 0:09:28.241 go and find someone else and could possibly do it. 0:09:29.081 --> 0:09:32.161 I think I've heard someone use the expression, look, I'd 0:09:32.201 --> 0:09:33.921 love to, but I just can't do it. I'm sorry, 0:09:34.001 --> 0:09:36.881 that's public holiday and I've got other commitments, and just 0:09:37.281 --> 0:09:38.921 make it sound like you would if you could, but 0:09:39.001 --> 0:09:43.001 you but you can't, and there's nothing's going to nothing's 0:09:43.041 --> 0:09:45.201 going to change it. Or is that just fibbing? Should 0:09:45.241 --> 0:09:45.801 you just say no? 0:09:48.521 --> 0:09:51.081 Well, if your boss could actually force you to, or 0:09:51.361 --> 0:09:53.481 if you didn't, if it's written in your contract that 0:09:53.561 --> 0:09:56.921 you could be working public holidays if required, and you 0:09:57.001 --> 0:09:59.121 refuse to work it, you could be disciplined for that. 0:09:59.961 --> 0:10:03.401 So that's the downside. Whether they would do it or not, 0:10:03.521 --> 0:10:07.281 it's pretty harsh. Imagine Christmas Day. I mean I must 0:10:07.321 --> 0:10:08.961 have met I was working in the norsea oil up 0:10:09.001 --> 0:10:13.121 in Scotland and I volunteered to work Christmas Day, So why. 0:10:13.041 --> 0:10:15.881 Wouldn't you I've stuck on an oil rag in the 0:10:15.961 --> 0:10:18.921 North Sea. Oh you are well, that sounds the very 0:10:19.001 --> 0:10:21.721 working class man, or are you working an account. 0:10:21.401 --> 0:10:24.161 Well, I had nothing, I had no family back on shore. 0:10:24.281 --> 0:10:26.241 I had nowhere to go. The pub did open, I 0:10:26.361 --> 0:10:29.321 believe it lunchtime on Christmas Day, and that's where I 0:10:29.361 --> 0:10:32.721 would have gone. That's probably only an oil rag. No, no, no, 0:10:32.801 --> 0:10:35.121 when I'm on land. So that's why I volunteered. I 0:10:35.121 --> 0:10:37.641 actually had to work an extra week for that guy 0:10:37.721 --> 0:10:40.281 to go home be with his family, and I'm happy 0:10:40.361 --> 0:10:41.281 with that. I was happy. 0:10:41.521 --> 0:10:43.241 Well, you probably got a bit of extra, bit of 0:10:43.281 --> 0:10:43.721 a bonus. 0:10:43.761 --> 0:10:46.801 And then they put a few They put a bottle 0:10:46.801 --> 0:10:47.321 of whiskey on. 0:10:47.761 --> 0:10:51.121 Did they Well, oh, we know maxis price. It's a 0:10:51.121 --> 0:10:55.641 bottle of whisky. There we go. At seventeen past seventeen 0:10:55.681 --> 0:10:57.201 past five, it's Saxon Moore calls Dean. 0:10:57.241 --> 0:11:02.921 Hello, Hey, Dean, this is quite a quick and hopefully 0:11:03.681 --> 0:11:07.961 if I was to resign from my position today and 0:11:08.281 --> 0:11:14.721 I have some accrued annual leave, can my employee. 0:11:15.601 --> 0:11:19.081 Make me take that leave in the time in my 0:11:19.201 --> 0:11:19.761 notice period? 0:11:20.481 --> 0:11:23.241 Yep, it is, and it's an issue that it rises 0:11:23.321 --> 0:11:26.921 quite often. But the requirement for an employee. They have 0:11:27.041 --> 0:11:28.921 to give you fourteen days notice a when to take 0:11:28.961 --> 0:11:32.321 your leave. So if it's if you've given a long 0:11:32.401 --> 0:11:35.201 notice like two months, three months, you could be in trouble. 0:11:35.241 --> 0:11:37.761 They could give you fourteen days notice to take leave 0:11:38.121 --> 0:11:39.121 between those times. 0:11:39.441 --> 0:11:41.321 But if you only have to give two weeks notice 0:11:41.481 --> 0:11:43.641 and you've got two weeks leave remaining, then that leave 0:11:43.761 --> 0:11:45.561 is up your sleeve. There we go. 0:11:45.841 --> 0:11:52.321 Yeah, so fourteen days is the magic number thet. 0:11:50.121 --> 0:11:51.561 Okay, yes, I have you got four weeks. 0:11:51.601 --> 0:11:53.841 They can turn around and go, hey, listen, you know 0:11:54.201 --> 0:11:56.321 we require you to take two weeks, but it's the 0:11:56.401 --> 0:11:58.121 last two weeks of your four weeks notice. That's sort 0:11:58.121 --> 0:11:58.321 of thing. 0:11:58.401 --> 0:12:00.161 You've got it, but they've got to give you the 0:12:00.801 --> 0:12:01.641 two weeks notice. 0:12:01.841 --> 0:12:02.961 Have you given notice or. 0:12:05.361 --> 0:12:05.401 No? 0:12:05.641 --> 0:12:11.401 He's thinking about asking for a friend. Of course you 0:12:11.521 --> 0:12:15.281 are listening. 0:12:16.241 --> 0:12:17.561 Okay, I believe you. 0:12:21.721 --> 0:12:23.441 Ask me that question all the time, just on behalf 0:12:23.481 --> 0:12:25.001 of a friend. Mixed No, I mean fair enough. 0:12:25.041 --> 0:12:26.961 People are asking for friends, and we expect people to 0:12:27.001 --> 0:12:29.561 ask for friends, especially if you've got a voice that's 0:12:29.641 --> 0:12:30.601 really recognizable. 0:12:31.081 --> 0:12:33.801 But I don't think that I love that he actually 0:12:33.801 --> 0:12:35.121 took it in good humor, didn't he. 0:12:37.041 --> 0:12:38.881 Well, I suddenly wondered if he was driving, if he 0:12:38.961 --> 0:12:40.041 really had to go because something else? 0:12:40.121 --> 0:12:40.241 Was that? 0:12:40.601 --> 0:12:42.241 We laughing? Poor guy? 0:12:42.681 --> 0:12:47.481 Anyway, good sport, Right, let's carry on. Graham. 0:12:47.521 --> 0:12:51.521 Hello, Hey Graham, just inquiring about that. 0:12:51.561 --> 0:12:55.641 If you have an accident in the company vehicle, can 0:12:55.721 --> 0:12:57.401 they make you pay the excess? 0:12:58.241 --> 0:13:03.721 Well, if you were grossly negligible, possibly, if, for example, 0:13:03.961 --> 0:13:07.641 ter have a look, you were staggering around drunk and 0:13:07.841 --> 0:13:10.121 you're not allowed to drink and drive, then you possibly 0:13:10.201 --> 0:13:11.761 gram you you could be held glible. 0:13:12.441 --> 0:13:18.521 Yeah, if you're sober and just generally didn't fail to check, 0:13:18.681 --> 0:13:21.361 look whatever and pull down and someone hit you, then 0:13:22.241 --> 0:13:26.401 it's an accident, and yeah, we are we required to 0:13:26.441 --> 0:13:27.081 pay an excess? 0:13:27.361 --> 0:13:30.561 Well, they could be arguable. It's a matter of negligence. 0:13:30.601 --> 0:13:33.521 Your employer is supposed to cover you for any problems 0:13:33.561 --> 0:13:36.601 that occur during the worktime. So if it was, for example, 0:13:36.641 --> 0:13:39.521 a problem with the vehicle and that caused you to 0:13:39.521 --> 0:13:43.721 get a ticket, then they should cover it. But Graham, 0:13:43.761 --> 0:13:47.681 I think I think they could possibly hold you accountable. 0:13:47.801 --> 0:13:50.081 I would push back on it. That's what I often 0:13:50.121 --> 0:13:52.441 tell Like truck drivers, go, they took a wing mirror 0:13:52.521 --> 0:13:55.801 off or which is probably five hundred bucks. But I 0:13:55.881 --> 0:13:58.841 took a blinker light out out which is probably not 0:13:58.961 --> 0:14:00.921 that much, and the boss wants me to pay for it. 0:14:01.681 --> 0:14:03.641 Actually, that is a That is a funny one, isn't 0:14:03.641 --> 0:14:06.601 it Because if you I mean it meanings to have 0:14:06.641 --> 0:14:09.241 an accident in a company vehicle and you wouldn't imagine 0:14:09.241 --> 0:14:11.321 if you found out the excess for the company vehicles 0:14:11.441 --> 0:14:13.961 was fifteen hundred bucks or something when you haven't signed 0:14:14.041 --> 0:14:16.241 up for that. I mean, if you knew that, would 0:14:16.281 --> 0:14:18.241 you take out your own insurance for I don't know, 0:14:18.841 --> 0:14:19.961 I wouldn't want to be well. 0:14:20.441 --> 0:14:22.681 Actually, more and more of my advice is getting closer 0:14:22.681 --> 0:14:25.641 to actually saying to employees, get insurance because you can 0:14:25.721 --> 0:14:29.041 be held liable. You know, if you can personally be 0:14:29.121 --> 0:14:31.721 held liable for all sorts of things in the workplace. 0:14:32.081 --> 0:14:35.241 Your employer are supposed to dimnify you as the flash word, 0:14:35.321 --> 0:14:38.281 but that's the word they use from any work related issues. 0:14:38.321 --> 0:14:40.481 If they've instructed you, but you've gone off on your own, 0:14:40.641 --> 0:14:43.761 use to your own initiative about something and it's turned 0:14:43.921 --> 0:14:45.921 turkey on it, you could be in trouble. 0:14:45.961 --> 0:14:47.361 Have you had an accident gramm or are you just 0:14:47.441 --> 0:14:48.201 asking for a friend. 0:14:48.681 --> 0:14:51.161 Yeah, I had an excellent and I'm going to be 0:14:51.441 --> 0:14:53.721 asking me to pay the excess, which is about one 0:14:53.721 --> 0:14:59.241 thousand dollars. And you know, people have excellents every day. 0:15:00.201 --> 0:15:04.761 It's not through being well in all accident negligence because 0:15:05.041 --> 0:15:05.961 shouldn't have had the next. 0:15:05.881 --> 0:15:08.161 One technically, But if you were, if you were driving 0:15:08.161 --> 0:15:10.001 one hundred k and a fifty K area and had 0:15:10.041 --> 0:15:11.801 an accident, you wouldn't have much of an argument. But 0:15:11.881 --> 0:15:14.321 if you've simply it's a fifty to fifty thing, and. 0:15:14.681 --> 0:15:16.681 You said that, I mean your Graham, you said it 0:15:16.761 --> 0:15:19.521 wasn't No, I just assume that, yeah. 0:15:19.401 --> 0:15:21.681 Yeah, failing a good way to someone and there was 0:15:21.721 --> 0:15:22.681 an accident, So. 0:15:24.441 --> 0:15:29.201 Yes that pushback Graham and try the water. I think 0:15:29.281 --> 0:15:33.041 that might be the best way to go. Try the water. 0:15:33.081 --> 0:15:36.161 I mean, never go with them, see what happens, and 0:15:36.761 --> 0:15:38.601 if you might want to get somebody to help you, 0:15:38.761 --> 0:15:41.441 like myself or anyone else out there that could represent you. 0:15:42.601 --> 0:15:45.281 Yeah, that's that. Thanks for col Graham. That is actually 0:15:45.321 --> 0:15:48.121 really interesting issue the liability of employees in the workplace, 0:15:48.201 --> 0:15:52.841 because I guess we would all assume that you're covered 0:15:52.921 --> 0:15:55.081 for things. If you're going about your business as an 0:15:55.081 --> 0:15:58.001 employee and people make mistakes and employment, and you wouldn't 0:15:58.001 --> 0:16:00.441 want to be found liable. I've got a text here 0:16:01.201 --> 0:16:04.841 that this person's partner forgot to bring in the arm 0:16:05.081 --> 0:16:08.081 on a truck, reversed it into the workshop and hit 0:16:08.121 --> 0:16:11.041 the water mains and the place flooded. The arm was broken. 0:16:11.161 --> 0:16:14.681 Cost twenty thousand dollars plus effects. I had to call 0:16:14.721 --> 0:16:17.801 the boss at eleven PM, who was who wasn't happy. 0:16:18.001 --> 0:16:20.401 I don't know how it turned out, but. 0:16:20.961 --> 0:16:23.001 You imagine those big trucks that put arms out, you know, 0:16:23.041 --> 0:16:26.281 when they have a big hydraulic foot feet actually forget 0:16:26.361 --> 0:16:28.121 to bring one of them, and it's not a good movie. 0:16:28.121 --> 0:16:31.881 I would imagine. I've callers from call some truck truck 0:16:32.001 --> 0:16:35.761 drivers regularly on talk back, and the machinery they are 0:16:35.801 --> 0:16:38.561 in charge of and the cargo they would have to 0:16:38.641 --> 0:16:41.721 be indemnified, surely, because it's a hazard of the job 0:16:41.801 --> 0:16:44.121 that there's the potential for something to go wrong, for 0:16:44.241 --> 0:16:46.121 you to break at the wrong moment or you know. 0:16:47.281 --> 0:16:48.801 I was going to tell you, Tim, I think it's 0:16:48.841 --> 0:16:51.961 important to listeners to hear this that many years ago. 0:16:52.041 --> 0:16:55.641 This shocked me that a draft person did some chabby 0:16:55.721 --> 0:16:59.481 work and eventually got fired for something else, and he 0:16:59.561 --> 0:17:03.001 took a personal grievance and they turned around and sued 0:17:03.081 --> 0:17:06.601 him for the chabby work, and the authority said, yep, 0:17:07.081 --> 0:17:09.321 you owe the boss. Now, I think it was fourteen 0:17:09.361 --> 0:17:10.041 thousand dollars. 0:17:10.201 --> 0:17:13.761 That's horrendic, that's I see. 0:17:13.801 --> 0:17:14.001 To me. 0:17:14.161 --> 0:17:16.801 That would have to be because that particular draft person 0:17:17.521 --> 0:17:20.601 had done not just a slightly dodgy job, but negligently. 0:17:20.881 --> 0:17:24.401 You know, there's scales of carelessness. Absolutely, there's mistakes that 0:17:24.521 --> 0:17:28.521 get made there and then there's a flagrant disregard for standards. 0:17:28.641 --> 0:17:32.161 Well like employees. Maybe it's time to start thinking about 0:17:32.161 --> 0:17:35.841 an employee insurance. You've got to protect yourself and in 0:17:36.001 --> 0:17:39.241 this particular case, the judiciary upheld it and they've done 0:17:39.281 --> 0:17:39.681 it before. 0:17:40.041 --> 0:17:43.441 Yeah, blimey, that is quite something. It is. We need 0:17:43.441 --> 0:17:44.721 to take a break. We're gonna come back with more 0:17:44.761 --> 0:17:47.481 calls and just attack. It's twenty four minutes past five. 0:17:47.521 --> 0:17:48.241 News Talk said, be. 0:17:50.721 --> 0:17:56.121 Love me. You can see. 0:17:57.601 --> 0:17:58.401 Stand these. 0:18:02.121 --> 0:18:14.401 Jell cares. 0:18:17.561 --> 0:18:20.001 Yuess, Welcome back to the weekn Collective. This is a 0:18:20.081 --> 0:18:23.761 smart money we're talking about employment. Actually, sure that's come 0:18:23.841 --> 0:18:28.241 up in the conversations just about employee liability and what 0:18:28.441 --> 0:18:30.241 mistakes that you might find. You actually have to write 0:18:30.241 --> 0:18:32.281 a check out poor to your employer, which should you 0:18:32.281 --> 0:18:34.921 have an insurance anyway. But we're taking calls about whether 0:18:34.961 --> 0:18:36.961 you'll be an employer and an employer. My guess is 0:18:37.001 --> 0:18:38.961 Max Whitehead from the white Head Group, and we've got 0:18:38.961 --> 0:18:40.401 a bunch of calls and we're going to carry on 0:18:40.481 --> 0:18:44.001 and just get straight into it. Neville High, Nevill, Hi. 0:18:45.201 --> 0:18:48.481 Good morning, afternoon. Just a question if a person's been 0:18:48.561 --> 0:18:52.721 employed of twenty years plus with the same company doesn't 0:18:52.721 --> 0:18:55.361 have an employment country, isn't it a contractor has never 0:18:55.521 --> 0:18:58.881 been plaid holiday play which includes his commission? 0:19:00.681 --> 0:19:05.721 Wow? Ouch, If you can prove that you're an employee 0:19:05.721 --> 0:19:07.641 in the well in twenty years of service, I'd say 0:19:07.681 --> 0:19:10.601 you are. You can go for the retrospective back six 0:19:10.721 --> 0:19:13.681 years for those holiday paid six fours to twenty four weeks. 0:19:13.721 --> 0:19:17.281 That's six months pay. And there's a penalty should apply 0:19:17.401 --> 0:19:19.201 to your employee for failing to give you a written 0:19:19.241 --> 0:19:20.081 employment agreement. 0:19:21.441 --> 0:19:23.561 Right, that's not me as someone else? 0:19:23.801 --> 0:19:25.481 Are you doing it for a friend? We've got a 0:19:25.521 --> 0:19:27.921 lot of it today that I mean, that's. 0:19:28.401 --> 0:19:31.761 So the commission that person's that your friend's working on. 0:19:32.281 --> 0:19:34.961 Is it a commission based job not regular income? 0:19:35.961 --> 0:19:38.801 No, no, it's a salary plus commission. 0:19:39.121 --> 0:19:39.681 Oh wow? 0:19:40.041 --> 0:19:43.401 Oh hell and no, no holiday has been paid. 0:19:44.001 --> 0:19:47.441