1 00:00:09,093 --> 00:00:12,693 Speaker 1: You're listening to a podcast from News Talks'd be follow 2 00:00:12,773 --> 00:00:16,133 Speaker 1: this and our wide range of podcasts now on iHeartRadio. 3 00:00:16,692 --> 00:00:19,013 Speaker 2: We are joined as part of our US the Experts 4 00:00:19,053 --> 00:00:22,533 Speaker 2: series once again by Gareth Abdenor. He's an employment workplace 5 00:00:22,533 --> 00:00:26,973 Speaker 2: in information expert and director of Abdenor Employment Law. Gareth, 6 00:00:27,013 --> 00:00:28,253 Speaker 2: Good afternoon. 7 00:00:28,412 --> 00:00:31,493 Speaker 3: Good afternoon, guys. I've had my coffee and I'm ready 8 00:00:31,493 --> 00:00:31,773 Speaker 3: to go. 9 00:00:31,973 --> 00:00:34,533 Speaker 4: Wow, how many today I could? 10 00:00:34,933 --> 00:00:38,013 Speaker 3: I couldn't disclose that on here. I think it's too many. 11 00:00:39,213 --> 00:00:40,853 Speaker 5: Yeah, that's at least eight or nine. 12 00:00:42,613 --> 00:00:45,613 Speaker 6: Help protect you from dementia according to about forty texts that. 13 00:00:45,492 --> 00:00:45,932 Speaker 5: It comes through. 14 00:00:46,013 --> 00:00:46,813 Speaker 4: So that's good. 15 00:00:47,253 --> 00:00:50,092 Speaker 3: Great, really slightly shaking, that's the way. 16 00:00:50,213 --> 00:00:51,732 Speaker 5: Great to have you on as always, Gareth. 17 00:00:51,772 --> 00:00:53,452 Speaker 2: Right, if you've got a question for Gareth, now is 18 00:00:53,452 --> 00:00:56,333 Speaker 2: your opportunity Oh eight hundred and eighty ten eighty or 19 00:00:56,493 --> 00:01:00,173 Speaker 2: nine two nine two straight away. We've already got a 20 00:01:00,253 --> 00:01:01,253 Speaker 2: question from Christian. 21 00:01:01,333 --> 00:01:02,013 Speaker 5: Get a Christian? 22 00:01:03,053 --> 00:01:04,773 Speaker 7: Hey, go hore you going very good. 23 00:01:04,813 --> 00:01:05,693 Speaker 5: Gareth is standing by. 24 00:01:07,013 --> 00:01:12,973 Speaker 7: Hey guys, that's just a quick one. 25 00:01:13,853 --> 00:01:17,813 Speaker 2: Oh Christian, you're just breaking up a little bit. Oh 26 00:01:17,893 --> 00:01:21,212 Speaker 2: I think if yeah, so we might come back to Christian. 27 00:01:21,253 --> 00:01:22,932 Speaker 2: We're just going to put them by. 28 00:01:22,493 --> 00:01:24,173 Speaker 6: And get them back and I'll put a text message 29 00:01:24,212 --> 00:01:27,212 Speaker 6: to you first. Hey, Gareth, recently my employer changed my 30 00:01:27,333 --> 00:01:30,973 Speaker 6: work starting an end time to first job start to 31 00:01:31,133 --> 00:01:34,212 Speaker 6: last job finish. Past few years, we were getting paid 32 00:01:34,212 --> 00:01:38,093 Speaker 6: from home to return home. Can employer change these things suddenly? 33 00:01:38,133 --> 00:01:40,413 Speaker 6: My contract doesn't have any details regarding this. 34 00:01:40,932 --> 00:01:41,813 Speaker 4: Could you help? 35 00:01:42,373 --> 00:01:44,493 Speaker 3: Oh man, that's a that's a good one. 36 00:01:45,292 --> 00:01:45,452 Speaker 4: No. 37 00:01:45,572 --> 00:01:48,773 Speaker 3: The general rule is that an employer can't just change 38 00:01:48,773 --> 00:01:52,172 Speaker 3: your terms of employment. And in fact, there's an even 39 00:01:52,173 --> 00:01:56,733 Speaker 3: bigger issue here. If the employment agreement doesn't have those details, 40 00:01:57,973 --> 00:02:01,653 Speaker 3: the employer is definitely on the back foot. Generally, what 41 00:02:01,773 --> 00:02:05,013 Speaker 3: happens is the employer has to consult with the employee 42 00:02:05,333 --> 00:02:07,853 Speaker 3: and if they don't get agreement to the change, then 43 00:02:07,933 --> 00:02:09,533 Speaker 3: they might look at a restructure. 44 00:02:10,573 --> 00:02:13,093 Speaker 6: So do some people get paid from when they leave 45 00:02:13,573 --> 00:02:16,733 Speaker 6: to home to home? So some people get paid for 46 00:02:16,773 --> 00:02:17,493 Speaker 6: their commute? 47 00:02:18,013 --> 00:02:21,853 Speaker 3: Yeah, it's pretty unusual. What often happens in say the 48 00:02:21,893 --> 00:02:27,013 Speaker 3: construction industry, is where you start getting paid from your 49 00:02:27,173 --> 00:02:30,693 Speaker 3: employer's main place of work and then they pay you 50 00:02:30,773 --> 00:02:33,653 Speaker 3: for travel to site. Right, that's not always the case. 51 00:02:34,293 --> 00:02:36,933 Speaker 2: You're going to renegotiate your contract, Yeah, you miss it 52 00:02:36,972 --> 00:02:39,813 Speaker 2: out on that they're ten minutes that takes work each morning. 53 00:02:39,853 --> 00:02:43,253 Speaker 6: There's eleven and a half minutes from my works here 54 00:02:43,333 --> 00:02:44,613 Speaker 6: that I need to get paid for it. 55 00:02:45,373 --> 00:02:47,692 Speaker 2: There's another text question for you here, Garrett, that says, Hi, 56 00:02:47,813 --> 00:02:49,572 Speaker 2: I have a friend who works on a farm. I 57 00:02:49,613 --> 00:02:52,933 Speaker 2: am a farmer myself slash employer. This young girl is 58 00:02:52,933 --> 00:02:55,773 Speaker 2: on a salary and basically working every day, with days 59 00:02:55,853 --> 00:02:59,773 Speaker 2: off only at the employer discretion maybe once in a 60 00:02:59,773 --> 00:03:04,093 Speaker 2: two week period. She's absolutely burnt out and is soldiering on. However, 61 00:03:04,293 --> 00:03:06,692 Speaker 2: when she has time off they make who use it 62 00:03:06,733 --> 00:03:07,532 Speaker 2: as annual leave? 63 00:03:07,733 --> 00:03:08,293 Speaker 5: Is that legal? 64 00:03:10,453 --> 00:03:14,053 Speaker 3: It definitely sounds fishy to me. A lot of red 65 00:03:14,093 --> 00:03:18,133 Speaker 3: flags in that. You cat you can't be required to 66 00:03:18,213 --> 00:03:22,412 Speaker 3: work every day of the week every week. Sometimes there 67 00:03:22,413 --> 00:03:27,133 Speaker 3: are arrangements where you know, people work an extended number 68 00:03:27,133 --> 00:03:30,172 Speaker 3: of days in a fortnight, but a lot of red 69 00:03:30,213 --> 00:03:33,053 Speaker 3: flags there. I think that person should get some legal 70 00:03:33,053 --> 00:03:37,613 Speaker 3: advice because it sounds like A but most probably at 71 00:03:37,693 --> 00:03:40,573 Speaker 3: risk of health and safety. You can't keep working like that, 72 00:03:41,053 --> 00:03:44,653 Speaker 3: especially with heavy machinery and stuff like that on a farm, 73 00:03:45,293 --> 00:03:49,493 Speaker 3: and B doesn't sound right to me. I think she's 74 00:03:49,533 --> 00:03:50,573 Speaker 3: most probably got a claim. 75 00:03:50,693 --> 00:03:51,373 Speaker 5: Yeah, very right. 76 00:03:51,453 --> 00:03:53,893 Speaker 6: Well, I think we've got Christian back, and I think 77 00:03:53,933 --> 00:03:55,813 Speaker 6: his line is all sorted. I do you want to 78 00:03:55,853 --> 00:03:58,053 Speaker 6: start from the top with your Christian for Gareth Christian? 79 00:03:59,693 --> 00:04:02,853 Speaker 2: Hey, guys, get a You're on with Gareth Christians, So 80 00:04:02,933 --> 00:04:03,413 Speaker 2: you go for it. 81 00:04:03,693 --> 00:04:08,053 Speaker 7: Hey, Gareth, just a quick question. I had an employee 82 00:04:08,093 --> 00:04:11,173 Speaker 7: recently resigned, but out of good faith. He was doing 83 00:04:11,213 --> 00:04:17,213 Speaker 7: an electrical apprenticeship and we were not obliged to give 84 00:04:17,293 --> 00:04:19,573 Speaker 7: him two weeks off what we did to do a 85 00:04:19,573 --> 00:04:23,773 Speaker 7: blog course, and I paid him those two weeks as 86 00:04:23,813 --> 00:04:27,893 Speaker 7: in good faith, but in the bonded letter saying that 87 00:04:27,933 --> 00:04:32,933 Speaker 7: if you left it in twelve months of having done 88 00:04:32,933 --> 00:04:37,133 Speaker 7: that course and after you've written the exam, if you 89 00:04:37,213 --> 00:04:38,893 Speaker 7: leave it in twelve months, you will have to pay 90 00:04:38,933 --> 00:04:41,773 Speaker 7: the money that the money that we paid you those 91 00:04:41,773 --> 00:04:44,253 Speaker 7: two weeks, you'd have to pay it back. So the 92 00:04:44,373 --> 00:04:47,773 Speaker 7: question coming back from that is is that that's exactly 93 00:04:47,773 --> 00:04:52,293 Speaker 7: how it stated in the bonded form. But the ex 94 00:04:52,333 --> 00:04:56,133 Speaker 7: employee is now asking, well, you know I've worked X 95 00:04:56,133 --> 00:04:59,093 Speaker 7: amount of time after I've signed that bonded form, does 96 00:04:59,093 --> 00:05:04,333 Speaker 7: that get taken off? And Mike we you're the first 97 00:05:04,333 --> 00:05:06,333 Speaker 7: person I'm asking with this question has just come to 98 00:05:06,853 --> 00:05:09,653 Speaker 7: me or we are obliged? Is he obliged to have 99 00:05:09,733 --> 00:05:12,213 Speaker 7: some of that money taken off or does he pay 100 00:05:12,213 --> 00:05:14,733 Speaker 7: the full amount back as in stated on the bonded form. 101 00:05:15,493 --> 00:05:17,733 Speaker 3: Yeah, this is an issue that comes up quite often 102 00:05:17,853 --> 00:05:20,813 Speaker 3: Christian and it really depends on what the court is 103 00:05:20,973 --> 00:05:25,973 Speaker 3: likely to consider reasonable. If this person has been working 104 00:05:26,013 --> 00:05:29,933 Speaker 3: for the business for a year, after the after the 105 00:05:29,973 --> 00:05:32,813 Speaker 3: training course, after you paid for those two weeks wages, 106 00:05:33,533 --> 00:05:37,333 Speaker 3: I think there's potentially an argument that they should only 107 00:05:37,373 --> 00:05:39,453 Speaker 3: have to pay back part of their amount, not the 108 00:05:39,493 --> 00:05:43,053 Speaker 3: full amount. What we often see is that there's a 109 00:05:43,133 --> 00:05:48,053 Speaker 3: graduated agreement, so if they leave within three months, they 110 00:05:48,093 --> 00:05:51,173 Speaker 3: pay back the full amount, If they leave within six months, 111 00:05:51,213 --> 00:05:54,653 Speaker 3: they pay back three quarters, and so on and so on. 112 00:05:55,773 --> 00:05:59,373 Speaker 3: That's said, if he signed an agreement that said he'd 113 00:05:59,373 --> 00:06:02,413 Speaker 3: pay back the full amount if he left within twelve months, 114 00:06:02,453 --> 00:06:06,373 Speaker 3: well that's the starting point, and it sounds like perhaps 115 00:06:06,373 --> 00:06:08,213 Speaker 3: you want to have a conversation see if you can 116 00:06:08,653 --> 00:06:11,933 Speaker 3: negotiate something that both of you can agree on. Of course, 117 00:06:11,933 --> 00:06:16,333 Speaker 3: if you don't and you require them to pay back 118 00:06:16,373 --> 00:06:19,973 Speaker 3: the full amount, you might get bogged down in a 119 00:06:20,013 --> 00:06:23,133 Speaker 3: court case and that's unlikely to be worth it for 120 00:06:23,213 --> 00:06:23,813 Speaker 3: either party. 121 00:06:25,253 --> 00:06:27,293 Speaker 2: All the best, Yeah, all the best with their Christian 122 00:06:27,333 --> 00:06:30,333 Speaker 2: That sounds like a tough situation. But what you said there, Gareth, 123 00:06:30,453 --> 00:06:32,773 Speaker 2: it certainly sounds fair that with the bonding system, that 124 00:06:32,933 --> 00:06:35,853 Speaker 2: if it is calculated on the length of time that 125 00:06:35,893 --> 00:06:38,573 Speaker 2: you've been with that organization, that sounds like a fair 126 00:06:38,613 --> 00:06:41,013 Speaker 2: approach and that's what the court's determined, right. 127 00:06:41,373 --> 00:06:44,653 Speaker 3: Yeah, that's right. And you know, I often smile at 128 00:06:44,653 --> 00:06:48,253 Speaker 3: this where employees agree to things and they think it's 129 00:06:48,293 --> 00:06:51,253 Speaker 3: fair at the time, and then when they leave and 130 00:06:51,293 --> 00:06:53,493 Speaker 3: it actually comes time to live up to their end 131 00:06:53,533 --> 00:06:58,333 Speaker 3: of the bargain, suddenly they think it's unfair. It's not 132 00:06:58,413 --> 00:07:01,973 Speaker 3: always the case, but yeah, it's surprising how often people 133 00:07:02,013 --> 00:07:02,653 Speaker 3: have regrets. 134 00:07:02,773 --> 00:07:04,133 Speaker 4: Happens in relationships as well. 135 00:07:05,773 --> 00:07:06,613 Speaker 5: I'm not going there. 136 00:07:07,733 --> 00:07:10,773 Speaker 6: Eight hundred eight ten eighty. Have you got an employment 137 00:07:10,893 --> 00:07:14,853 Speaker 6: related issue? We've got Gareth from addenal Raw on the 138 00:07:14,853 --> 00:07:16,973 Speaker 6: line waiting to answer your questions. 139 00:07:17,053 --> 00:07:20,213 Speaker 2: Yep, there's a trackload of text questions that have come 140 00:07:20,253 --> 00:07:21,253 Speaker 2: through Gareth. 141 00:07:21,693 --> 00:07:23,013 Speaker 5: One here. Hi. 142 00:07:23,213 --> 00:07:26,173 Speaker 2: My friend wants to plan an international holiday to Scotland 143 00:07:26,253 --> 00:07:29,973 Speaker 2: next May twenty twenty six, and her company is telling 144 00:07:30,053 --> 00:07:32,693 Speaker 2: her they can't approve any leave for her until two 145 00:07:32,773 --> 00:07:35,893 Speaker 2: weeks prior to wanting to go on holiday. What is 146 00:07:35,933 --> 00:07:36,653 Speaker 2: your thoughts on that? 147 00:07:37,813 --> 00:07:41,333 Speaker 3: That seems pretty unreasonable to me, especially if she explains 148 00:07:41,413 --> 00:07:47,093 Speaker 3: why she wants to get that leave locked in. I 149 00:07:47,093 --> 00:07:50,333 Speaker 3: think what people often forget is there's this mutual obligation 150 00:07:50,413 --> 00:07:54,773 Speaker 3: of good faith and that requires both parties to be 151 00:07:55,813 --> 00:08:00,173 Speaker 3: fair and reasonable. Saying that you can't book an overseas 152 00:08:00,213 --> 00:08:03,293 Speaker 3: trip until two weeks before that seems ridiculous to me. 153 00:08:03,653 --> 00:08:04,613 Speaker 5: Yep, very good. 154 00:08:05,413 --> 00:08:06,933 Speaker 4: Jimmy, you've got a question for Gareth. 155 00:08:08,413 --> 00:08:15,173 Speaker 8: Yes, this I do. So I got to first trimmer. 156 00:08:18,533 --> 00:08:21,053 Speaker 8: It's now been ten months. 157 00:08:20,653 --> 00:08:23,133 Speaker 2: Now, Jimmy, I've got it written here, but we'll just 158 00:08:23,173 --> 00:08:25,893 Speaker 2: confirmed because we're having some problems with phones today. But 159 00:08:25,933 --> 00:08:28,333 Speaker 2: you got told you get a pay review after three months. 160 00:08:28,373 --> 00:08:30,613 Speaker 5: Carry on, Yes, and. 161 00:08:32,293 --> 00:08:35,252 Speaker 8: Currently still haven't had a pay review and it's been months. 162 00:08:39,293 --> 00:08:41,653 Speaker 5: All right. I think we've lost Jimmy again, but so. 163 00:08:41,852 --> 00:08:46,093 Speaker 3: Yeah, I can I can pick that up Man and Tyler. 164 00:08:46,213 --> 00:08:51,693 Speaker 3: I think in a situation like that, sometimes employers forget 165 00:08:52,533 --> 00:08:56,253 Speaker 3: when they've said they'll do a pay review, and if 166 00:08:56,252 --> 00:08:59,053 Speaker 3: that happens, try and engage with them. Try and get 167 00:08:59,093 --> 00:09:03,293 Speaker 3: them to follow through. They may have just forgotten. If 168 00:09:03,372 --> 00:09:07,813 Speaker 3: you're having difficulty get it in writing, send a text message, 169 00:09:07,933 --> 00:09:11,733 Speaker 3: send an email saying, hey, you said you would do this, 170 00:09:11,933 --> 00:09:14,813 Speaker 3: it hasn't happened. Could we please do it now. If 171 00:09:14,813 --> 00:09:18,333 Speaker 3: they still don't do it, then arguably they breach in 172 00:09:18,372 --> 00:09:22,013 Speaker 3: good faith and they're also breaching a term of the agreement. 173 00:09:22,333 --> 00:09:23,173 Speaker 5: Yep, very good. 174 00:09:23,213 --> 00:09:25,492 Speaker 2: Hopefully that helps. Jimmy, Oh, eight hundred and eighty ten 175 00:09:25,533 --> 00:09:26,893 Speaker 2: eighty is the number to call. 176 00:09:27,252 --> 00:09:29,493 Speaker 4: Got the six here, that's take. Here's interesting. 177 00:09:29,813 --> 00:09:33,252 Speaker 6: An employee with a medical marijuana prescription operating machinery. I'm 178 00:09:33,293 --> 00:09:36,532 Speaker 6: told as long as they take it eight hours before work, 179 00:09:36,892 --> 00:09:37,533 Speaker 6: they are fine. 180 00:09:37,612 --> 00:09:38,333 Speaker 4: Is this correct? 181 00:09:38,653 --> 00:09:42,693 Speaker 3: Wow, the good old medical marijuana prescription. 182 00:09:42,973 --> 00:09:43,693 Speaker 5: It's no different. 183 00:09:44,372 --> 00:09:46,213 Speaker 4: It's no different from the illegal stuff. 184 00:09:47,413 --> 00:09:49,732 Speaker 3: I feel I've got a headache coming on. I better 185 00:09:49,732 --> 00:09:50,533 Speaker 3: get my prescription. 186 00:09:52,573 --> 00:09:52,852 Speaker 7: Yeah. 187 00:09:52,852 --> 00:09:57,933 Speaker 3: This is an incredibly tricky one and it hasn't really 188 00:09:57,973 --> 00:10:01,973 Speaker 3: been tested to the degree that I'd be comfortable with 189 00:10:02,012 --> 00:10:05,973 Speaker 3: in the courts yet. I think what people off and 190 00:10:05,973 --> 00:10:12,533 Speaker 3: overlock is at depends on how much THC people take. 191 00:10:13,492 --> 00:10:19,132 Speaker 3: How you measure that. Of course, our marijuana industry, medical 192 00:10:19,132 --> 00:10:25,372 Speaker 3: marijuana industry is a lot less sophisticated than it is overseas. 193 00:10:26,213 --> 00:10:29,612 Speaker 3: I wouldn't be comfortable with one of my employees operating 194 00:10:29,693 --> 00:10:34,453 Speaker 3: heavy machinery after they've after they've taken marijuana. How do 195 00:10:34,533 --> 00:10:37,573 Speaker 3: you know that they're still going to be okay? And 196 00:10:39,573 --> 00:10:42,852 Speaker 3: what happens if there's an accident. I'm sure it works 197 00:10:42,892 --> 00:10:45,413 Speaker 3: afe are going to be very interested in this. So 198 00:10:45,653 --> 00:10:49,093 Speaker 3: this is a very tricky situation. It's not one with 199 00:10:49,213 --> 00:10:51,933 Speaker 3: an easy, straightforward, black and white answer. 200 00:10:51,813 --> 00:10:55,413 Speaker 6: Because doesn't really make any difference. Say, for example, I mean, 201 00:10:55,453 --> 00:10:56,933 Speaker 6: for a long time I had back pain and I 202 00:10:56,933 --> 00:11:00,173 Speaker 6: was on tramadol, which ye, so you know I wouldn't 203 00:11:00,213 --> 00:11:03,413 Speaker 6: have in that state been considered myself capable of. 204 00:11:03,053 --> 00:11:06,133 Speaker 2: There's a lot of anti presence that would cause people 205 00:11:06,173 --> 00:11:09,493 Speaker 2: you know, you shouldn't be driving those medications. 206 00:11:09,852 --> 00:11:10,453 Speaker 4: I think. 207 00:11:12,012 --> 00:11:14,892 Speaker 3: A lot of the same issues. The difficulty, of course, 208 00:11:15,093 --> 00:11:20,973 Speaker 3: is do these people know how much marijuana they are taking, 209 00:11:21,732 --> 00:11:24,172 Speaker 3: how strong it is, what the effect is going to be. 210 00:11:25,413 --> 00:11:28,612 Speaker 3: Can the doctor actually confirm that it will be completely 211 00:11:28,693 --> 00:11:32,053 Speaker 3: out of their system in that timeframe. I'm not a doctor, 212 00:11:32,093 --> 00:11:34,412 Speaker 3: so I can't give that view. But I think this 213 00:11:34,492 --> 00:11:38,132 Speaker 3: is a very tricky situation. Especially where they're operating heavy machinery. 214 00:11:39,333 --> 00:11:43,252 Speaker 3: The obligation on the employer under the health and safety 215 00:11:43,333 --> 00:11:46,733 Speaker 3: legislation is they have to take all practicable steps to 216 00:11:46,933 --> 00:11:51,612 Speaker 3: ensure that there is no threat to health and safety 217 00:11:51,653 --> 00:11:54,693 Speaker 3: in the workplace, both for this worker and for everybody 218 00:11:54,693 --> 00:11:57,852 Speaker 3: else that might might be coming to that workplace. 219 00:11:58,093 --> 00:12:00,013 Speaker 4: Well, there we go. What's sweet, Airs, when you're operating 220 00:12:00,053 --> 00:12:05,893 Speaker 4: a microphone? Graham? For Gareth, yeah good. 221 00:12:05,892 --> 00:12:11,252 Speaker 7: Any guys relevantly pay as opposed to or when calculating, 222 00:12:11,293 --> 00:12:15,773 Speaker 7: and you'll leave. That's been done to incorporate all bonuses 223 00:12:15,852 --> 00:12:23,973 Speaker 7: and commissions pay throughout the year. The employee thens and 224 00:12:24,252 --> 00:12:28,252 Speaker 7: expects the bonuses and missions paid on an annual basis 225 00:12:28,413 --> 00:12:32,333 Speaker 7: to be included in sick and Bereevemently, my understanding is 226 00:12:32,333 --> 00:12:35,413 Speaker 7: that it's relevant daily pay, which should be just what 227 00:12:35,453 --> 00:12:37,973 Speaker 7: they would have earned on the day. The other side 228 00:12:37,973 --> 00:12:41,213 Speaker 7: of things is he's expecting average daily pay for second Bereavemently, 229 00:12:41,573 --> 00:12:44,053 Speaker 7: what's your thoughts, Keren Oh Graham? 230 00:12:44,132 --> 00:12:51,012 Speaker 3: Has someone put you up to this? Holidays Act questions? 231 00:12:51,053 --> 00:12:57,133 Speaker 3: This is kind of like a train's leaving Chicago. Unfortunately, 232 00:12:57,173 --> 00:13:00,293 Speaker 3: this is not something I can answer over the air, Graham. 233 00:13:00,693 --> 00:13:02,453 Speaker 3: It's something where you've actually got to sit down with 234 00:13:02,492 --> 00:13:06,252 Speaker 3: the definitions in the act and work it through. It's 235 00:13:06,293 --> 00:13:09,973 Speaker 3: a tricky one, but I think if you sit down 236 00:13:10,093 --> 00:13:13,133 Speaker 3: with the company account and tool who does your payroll, 237 00:13:13,413 --> 00:13:14,772 Speaker 3: they'll be able to work you through it. 238 00:13:16,892 --> 00:13:17,853 Speaker 7: Yes, thanks, Gareth. 239 00:13:22,173 --> 00:13:25,373 Speaker 2: Rule no holidays A questions Yep, yeah, absolutely, we know 240 00:13:25,413 --> 00:13:30,533 Speaker 2: you love those ones, Gareth. Question here have I text? Hi, Gareth, 241 00:13:30,573 --> 00:13:32,732 Speaker 2: my eighteen year old daughter is working in a cafe. 242 00:13:32,813 --> 00:13:35,413 Speaker 2: They are paying her on random days, which makes it 243 00:13:35,453 --> 00:13:36,693 Speaker 2: hard to keep track of. 244 00:13:37,252 --> 00:13:40,933 Speaker 5: Is that legal or should there be a set payday? 245 00:13:42,173 --> 00:13:44,892 Speaker 3: Well? I guess let's let's look at the positive here. 246 00:13:44,933 --> 00:13:47,813 Speaker 3: It sounds like they are paying her. But no, that's 247 00:13:48,173 --> 00:13:51,573 Speaker 3: that's pretty unusual to be paying someone on random days, 248 00:13:52,053 --> 00:13:54,492 Speaker 3: and that is one of the things that should be 249 00:13:54,533 --> 00:13:57,333 Speaker 3: covered in an employment agreement. I guess my first question 250 00:13:57,453 --> 00:14:00,813 Speaker 3: is does this person have an employment agreement? And if not, 251 00:14:01,533 --> 00:14:04,932 Speaker 3: they should ask for one, And certainly I think it 252 00:14:04,973 --> 00:14:11,973 Speaker 3: would be reasonable to ask for a regular payday. It's 253 00:14:12,053 --> 00:14:15,612 Speaker 3: almost unheard of just to be paying someone on random days. 254 00:14:16,173 --> 00:14:19,493 Speaker 5: Yeah, very good this one here. 255 00:14:20,013 --> 00:14:22,093 Speaker 2: This might be an unfair question, Gareth, But it's a 256 00:14:22,093 --> 00:14:25,293 Speaker 2: doozy Gareth. Why personal grievance is. 257 00:14:25,293 --> 00:14:25,973 Speaker 5: So one sided. 258 00:14:25,973 --> 00:14:28,493 Speaker 2: I recently came through one and had nothing found on me, 259 00:14:29,053 --> 00:14:33,533 Speaker 2: but was financially bullied and I had to settle. The 260 00:14:33,693 --> 00:14:36,493 Speaker 2: personal grievance system seems one sided to me. 261 00:14:37,813 --> 00:14:41,293 Speaker 3: Yeah, well, I guess that's a political question rather than 262 00:14:41,333 --> 00:14:44,293 Speaker 3: a legal question. There are a lot of employers out 263 00:14:44,293 --> 00:14:49,172 Speaker 3: there that do believe the system is one sided, and 264 00:14:49,253 --> 00:14:52,093 Speaker 3: I can certainly understand where they're coming from. We do 265 00:14:52,173 --> 00:14:56,493 Speaker 3: have a system where often it makes more commercial sense 266 00:14:56,653 --> 00:14:59,973 Speaker 3: to settle a grievance pay a small amount of money 267 00:15:00,493 --> 00:15:03,933 Speaker 3: rather than go through the system, be successful and still 268 00:15:03,973 --> 00:15:06,733 Speaker 3: be out of pocket. Yeah, so I definitely here with 269 00:15:06,933 --> 00:15:09,893 Speaker 3: persons coming from this. Contact your local MP. 270 00:15:10,413 --> 00:15:11,253 Speaker 5: YEP, very good. 271 00:15:11,773 --> 00:15:13,413 Speaker 2: Right, We're going to play some messages, but when we 272 00:15:13,493 --> 00:15:15,533 Speaker 2: come back we'll take more of your calls. On oh, 273 00:15:15,533 --> 00:15:18,133 Speaker 2: eight hundred and eighty ten eighty, we're joined by Gareth 274 00:15:18,173 --> 00:15:22,053 Speaker 2: Abdenor Employment, workplace and information expert and director of Abdenaor 275 00:15:22,133 --> 00:15:23,813 Speaker 2: Employment Laurie Steve. 276 00:15:23,893 --> 00:15:25,493 Speaker 5: Good afternoon, you're on with Gareth. 277 00:15:26,573 --> 00:15:31,412 Speaker 8: Hey, Gareth and the guys. I have a boss, so 278 00:15:31,453 --> 00:15:35,133 Speaker 8: I work at a concrete fect you, which is pretty 279 00:15:35,173 --> 00:15:38,173 Speaker 8: hard at work, and I'm actually a deep seat fisherman 280 00:15:38,253 --> 00:15:40,933 Speaker 8: by trade. So I can handle that work. But what 281 00:15:41,013 --> 00:15:45,453 Speaker 8: I can't handle is if other workers, young guys, slack 282 00:15:45,533 --> 00:15:48,493 Speaker 8: off and I've got to carry it in. That's not fair. 283 00:15:49,013 --> 00:15:50,973 Speaker 8: So when I say to my boss about it, he 284 00:15:51,133 --> 00:15:53,053 Speaker 8: just swears at me and tells me to do my 285 00:15:53,293 --> 00:15:56,773 Speaker 8: affent job, you know. And then when I do catch 286 00:15:56,853 --> 00:15:59,133 Speaker 8: up on all the orders for the landscapers and that 287 00:15:59,653 --> 00:16:02,813 Speaker 8: I have a little bit of free time. So he goes, oh, 288 00:16:03,053 --> 00:16:06,213 Speaker 8: come with me because I'm building a house and you 289 00:16:06,293 --> 00:16:08,653 Speaker 8: need to help me put the trusses on the house. 290 00:16:09,013 --> 00:16:11,933 Speaker 8: And it's like, well, hang on, I'm a concrete worker. 291 00:16:11,933 --> 00:16:15,693 Speaker 8: I'm not a builder, so can he legally do that? 292 00:16:16,573 --> 00:16:20,093 Speaker 8: Because I thought it was changing job description when you 293 00:16:20,093 --> 00:16:20,373 Speaker 8: you know. 294 00:16:21,813 --> 00:16:25,893 Speaker 3: Yeah, that's certainly doesn't sound like a great situation where 295 00:16:25,933 --> 00:16:28,532 Speaker 3: you're picking up all the slack and your and you're 296 00:16:28,533 --> 00:16:30,613 Speaker 3: getting to help hold your employee's house. 297 00:16:30,893 --> 00:16:33,893 Speaker 8: Just to give you an idea how hard it is, 298 00:16:34,053 --> 00:16:37,173 Speaker 8: I challenge sich gies from burn A Mami camps to 299 00:16:37,213 --> 00:16:40,213 Speaker 8: come out and challenge me. By lunchtime, they put their 300 00:16:40,293 --> 00:16:43,693 Speaker 8: gear down and they sit mass stuff us as slave labor. 301 00:16:45,493 --> 00:16:48,653 Speaker 5: That way out step, Yeah, that. 302 00:16:48,773 --> 00:16:51,173 Speaker 8: Was to prove point to my boss. I can handle 303 00:16:51,253 --> 00:16:53,293 Speaker 8: the work, but I can't handle the abuse. 304 00:16:53,933 --> 00:16:55,733 Speaker 5: Fair Steve, Sorry you pick. 305 00:16:55,653 --> 00:16:59,893 Speaker 3: Up no problem at all, Hey, Steve, you know it 306 00:16:59,973 --> 00:17:03,133 Speaker 3: sounds like you're doing a really good job. It's up 307 00:17:03,173 --> 00:17:07,213 Speaker 3: to your manager to deal with your colleagues if if 308 00:17:07,253 --> 00:17:12,373 Speaker 3: they're not putting in the yards. You could potentially have 309 00:17:12,453 --> 00:17:15,693 Speaker 3: a claim if you feel like you're being discriminated against 310 00:17:15,813 --> 00:17:19,973 Speaker 3: or treated unfairly, and certainly if you get verbally abused 311 00:17:20,493 --> 00:17:24,653 Speaker 3: for raising concerns, that is something that you can legitimately 312 00:17:24,893 --> 00:17:27,493 Speaker 3: ask your employer to stop doing. And if he continues, 313 00:17:27,533 --> 00:17:30,133 Speaker 3: you've got to you've got to claim against him. The 314 00:17:30,173 --> 00:17:32,613 Speaker 3: fact that he's getting you to help with the house 315 00:17:32,653 --> 00:17:37,293 Speaker 3: that he's building. That really depends if that is potentially 316 00:17:37,413 --> 00:17:41,893 Speaker 3: covered in your job description and it's seen as reasonable, 317 00:17:42,453 --> 00:17:45,213 Speaker 3: that could be something that he could ask you to 318 00:17:45,253 --> 00:17:49,253 Speaker 3: help with, but it is pretty unusual. 319 00:17:49,493 --> 00:17:51,773 Speaker 2: Yeah, Steve, all the best with that, mate, and Gareth, 320 00:17:52,053 --> 00:17:55,733 Speaker 2: thank you very much. As always, we've got a truckloaded text. 321 00:17:56,013 --> 00:17:58,613 Speaker 2: We'll get to next time and we'll weed out the 322 00:17:58,613 --> 00:18:01,893 Speaker 2: holiday act ones for your mates. Thank you once a 323 00:18:01,893 --> 00:18:04,293 Speaker 2: good man. We will catch you in a month's time. 324 00:18:04,333 --> 00:18:07,533 Speaker 2: That is Gareth abdenor Employment will play an information expert. 325 00:18:07,693 --> 00:18:11,733 Speaker 2: You can check him out at Abdenorlord dot Nz is brilliant. 326 00:18:12,253 --> 00:18:15,173 Speaker 1: For more from Newstalk st B, listen live on air 327 00:18:15,373 --> 00:18:18,093 Speaker 1: or online, and keep our shows with you wherever you 328 00:18:18,173 --> 00:18:20,573 Speaker 1: go with our podcasts on iHeartRadio