WEBVTT - Max Whitehead: Same pay, same title, more responsibilities 0:00:05.761 --> 0:00:10.321 You're listening to the Weekend Collective podcast from News talks'b. 0:00:11.601 --> 0:00:14.921 And welcome back to the Weekend Collective Tim Beverage. And 0:00:14.961 --> 0:00:17.481 if you've missed any of the earlier hours, don't forget. 0:00:17.481 --> 0:00:19.641 You can go and check out a podcast on iHeartRadio 0:00:19.681 --> 0:00:21.681 wherever you get your podcast. Let's look all the news 0:00:22.081 --> 0:00:27.561 Talk ZB website. But right now it is time for 0:00:27.601 --> 0:00:29.881 smart money and we want your calls on eight hundred 0:00:29.921 --> 0:00:31.441 and eighty ten eighty. You can text on nine two 0:00:31.561 --> 0:00:34.961 nine two. And my guest in studio, he is a 0:00:34.961 --> 0:00:38.681 regular on the show's an employment expert and employment employment 0:00:38.761 --> 0:00:41.241 what's the word guru? Maybe I don't know, but his 0:00:41.361 --> 0:00:42.641 name is Max Whitehead. 0:00:42.681 --> 0:00:44.761 Max, how are you very good? It's nice to be 0:00:44.841 --> 0:00:46.761 here turned up front and center. 0:00:47.321 --> 0:00:49.241 It Actually, it feels like quite a while since we've 0:00:49.241 --> 0:00:52.041 caught up. Maybe I was away one weekend or something 0:00:52.081 --> 0:00:53.281 when you were on last time, but. 0:00:53.681 --> 0:00:55.441 It feels like that to me. I've been to Queensland, 0:00:55.521 --> 0:00:58.241 I was in Fiji this time yesterday. It was really yeah, 0:00:58.321 --> 0:00:59.721 I've been just enjoying life. 0:00:59.761 --> 0:01:03.161 You've been everywhere, man, Hang on, was that on holiday 0:01:03.281 --> 0:01:03.721 or yeah? 0:01:03.801 --> 0:01:04.801 Yeah, that was on holiday? 0:01:05.041 --> 0:01:07.601 Okay, you didn't find a reason. It's like talk employment 0:01:07.601 --> 0:01:10.161 with the hotel employees Texas holiday was. 0:01:10.081 --> 0:01:13.561 Shocked with Fiji, you know, talk about employment, poverty over 0:01:13.601 --> 0:01:15.961 the is this riddled? I was really quite shocked. We 0:01:16.001 --> 0:01:18.361 went off to some villages now at the outback there. 0:01:18.361 --> 0:01:20.241 We don't how lucky we are in New Zealand. We 0:01:20.361 --> 0:01:24.241 really don't. I thought we were economic depression in New Zealand. Wow, 0:01:24.281 --> 0:01:27.361 you want to live over there. There's corrugated iron checks everywhere. 0:01:27.401 --> 0:01:29.761 I guess it's all a game of comparisons when you 0:01:30.001 --> 0:01:32.361 consider New Zealand. Because if some people will say if 0:01:32.401 --> 0:01:35.201 they go to go on holiday and visit Sydney in Melbourne, 0:01:35.241 --> 0:01:37.241 ever wander around, then they come back here and it 0:01:37.241 --> 0:01:38.921 feels like a tumbleweed. 0:01:39.441 --> 0:01:42.361 Well I was quite depressed. But actually for the for 0:01:42.401 --> 0:01:44.401 the for the ordinary people over there, I think they've 0:01:44.401 --> 0:01:46.801 really got it tough. But it also is an awakening 0:01:46.841 --> 0:01:49.001 for me saying, hey, New Zealand is not that bad 0:01:49.041 --> 0:01:51.801 after all. And this was pretty upset with the last 0:01:52.161 --> 0:01:54.561 six years of the previous government. But this one I 0:01:54.601 --> 0:01:56.681 think we're going to show a little bit of promise. 0:01:56.801 --> 0:02:00.121 We're a long way to go and things aren't rosy yet. 0:02:00.281 --> 0:02:02.521 But what I'm saying is, wow, you can pee yourself, 0:02:02.641 --> 0:02:05.001 compare yourself from over there. A couple of coups have 0:02:05.081 --> 0:02:05.401 and help. 0:02:05.641 --> 0:02:08.601 Yeah, I think a couple of cups help. Sounds like 0:02:08.641 --> 0:02:11.681 an election slogan, doesn't it For someone who's standing for 0:02:11.681 --> 0:02:14.801 election or something? Those cups of a help. Actually, how 0:02:14.921 --> 0:02:16.921 is the job market looking from your point of view? 0:02:16.961 --> 0:02:19.521 I know that that's not necessarily your bag is to 0:02:19.601 --> 0:02:22.681 survey what's going on, But of course you're constantly dealing 0:02:22.681 --> 0:02:25.321 with people who've got employment issues, whether they be employers 0:02:25.441 --> 0:02:28.761 or employees. Are they particular common issues that are popping 0:02:28.841 --> 0:02:29.921 up at the moment. 0:02:29.801 --> 0:02:32.121 Or really is a fickled market? You know, the job 0:02:32.161 --> 0:02:34.561 fluctuations are going up and down, but actually they still 0:02:34.561 --> 0:02:37.641 come back to the same New Zealand's economy is lifting 0:02:37.801 --> 0:02:41.761 slowly and steadily, but it's struggling at the moment. But 0:02:41.881 --> 0:02:45.841 what's really interesting to me is the fluctuations within the industry. 0:02:45.921 --> 0:02:51.121 Some industries are really booming. It particularly is really going off. 0:02:51.761 --> 0:02:54.681 Computer people that can program computers, those sort of things 0:02:54.721 --> 0:02:57.761 are really really taking off. Then you've got other industries 0:02:57.801 --> 0:03:03.361 who are really really struggling, you know, education, hospitalization, health, 0:03:03.401 --> 0:03:06.881 those sort of things get staff. They just can't get 0:03:06.921 --> 0:03:08.441 on their feet and really struggling. 0:03:08.481 --> 0:03:11.361 Oh, education is struggling to get staff. It's not people 0:03:11.401 --> 0:03:13.961 within the education are struggling to get a job so much. 0:03:14.041 --> 0:03:17.001 Well it's worse tim they're actually leaving and droves. We're 0:03:17.001 --> 0:03:20.081 getting robbed here about Australia, of course, and they are 0:03:20.441 --> 0:03:22.561 up and leaving, and so that's why the industry is 0:03:22.601 --> 0:03:25.601 getting affected so dramatically, and it's a lot of pain 0:03:25.681 --> 0:03:28.281 with it, those particular industries, and of course the government 0:03:28.321 --> 0:03:29.281 departments as well. 0:03:29.961 --> 0:03:33.041 Okay, so if you've got any questions for Max, we'd 0:03:33.121 --> 0:03:34.681 love to hear from you on eight hundred and eighty 0:03:34.841 --> 0:03:37.761 ten eighty. Or if you're asking on behalf of a friend, 0:03:38.001 --> 0:03:40.561 which we sometimes get with them plumbing issues, I think, oh, 0:03:40.561 --> 0:03:42.161 I'm just calling on behalf of a friend. You're welcome 0:03:42.161 --> 0:03:44.281 to do that as well, or text on nine two 0:03:44.401 --> 0:03:47.201 nine two. The first thing I have a chat about, 0:03:47.241 --> 0:03:54.761 Max is the expanding responsibility. So in a situation and 0:03:54.841 --> 0:04:00.201 a company where obviously with tough times and employers have 0:04:00.281 --> 0:04:03.481 had to trim their workforce, but sometimes as a natural 0:04:03.481 --> 0:04:07.321 result of that, they might be in a position where 0:04:07.641 --> 0:04:09.721 or you, as an employee, might be in a position 0:04:09.761 --> 0:04:13.921 where your employer has placed a little bit more responsibility 0:04:13.961 --> 0:04:18.961 on your shoulders. And sometimes that's just something that's welcome. 0:04:18.961 --> 0:04:20.441 It's oh cool, I'm getting to do this, and you 0:04:20.441 --> 0:04:22.561 don't think about whether you should be getting paid more. 0:04:23.321 --> 0:04:26.961 But at what point, because you know people have lost 0:04:27.001 --> 0:04:29.321 their jobs, it's probably the reason you're getting more responsibility. 0:04:29.401 --> 0:04:33.681 At what point should you say to your employer, Hey, look, 0:04:33.681 --> 0:04:36.321 I love that you've given me some extra stuff to do, 0:04:38.241 --> 0:04:41.041 putting your money where your mouth is. How do you 0:04:41.201 --> 0:04:47.041 raise that issue without becoming that employee where it's like, 0:04:47.161 --> 0:04:49.001 I don't ask Bob to do it because he's going 0:04:49.081 --> 0:04:51.001 to ask more money. He's a pain in the backside. 0:04:51.321 --> 0:04:53.681 And this is such a common question. I get it 0:04:53.761 --> 0:04:56.121 quite frequently, and it particularly is, you know, how am 0:04:56.161 --> 0:04:58.081 I going to approach my boss for a pay increase? 0:04:58.121 --> 0:05:00.641 How do I best do it? And you know we've 0:05:00.641 --> 0:05:02.921 talked about this before and here. But the other thing 0:05:03.081 --> 0:05:07.681 is each individual, each employer, he has different aspirations and 0:05:07.721 --> 0:05:10.441 where they are in life. So one thing to consider 0:05:10.681 --> 0:05:13.401 is what are your career aspirations? What is it you're 0:05:13.441 --> 0:05:16.401 trying to achieve? Do you have any goals? Some people 0:05:16.481 --> 0:05:18.761 are quite happy of the role they've got. The other 0:05:18.801 --> 0:05:21.161 thing is to consider, you know, particularly if you're getting 0:05:21.161 --> 0:05:26.121 imposed on with extra responsibility, is what's the company's policies 0:05:26.161 --> 0:05:30.201 in regards to promotion people sitting temporarily in roles? You know, 0:05:30.321 --> 0:05:32.521 is there a period of time you go through those policies, 0:05:32.521 --> 0:05:35.201 Because sometimes companies will say you cover a role for 0:05:35.241 --> 0:05:37.121 a period of time and you can take it to 0:05:37.161 --> 0:05:39.121 a degree of ownership or extra money for them. 0:05:39.641 --> 0:05:42.281 I guess the thing is an employer might say, yeah, 0:05:42.281 --> 0:05:44.081 I've given you this to do, but you're still arriving 0:05:44.121 --> 0:05:46.041 at work at a half past eight and going home 0:05:46.041 --> 0:05:50.121 at five o'clock same hours. Suck it up, baby, Yeah, 0:05:50.201 --> 0:05:53.481 I mean, just consider yourself lucky. They're not. No employees 0:05:53.521 --> 0:05:57.641 going to employers should say this. I'm being deliberately mischievous, 0:05:57.841 --> 0:06:01.121 but the subtext is basically, hey, look, we aren't asked you, 0:06:01.161 --> 0:06:03.121 just asking you to stay any longer. Your job's are a 0:06:03.121 --> 0:06:05.801 bit more interesting. I'm afraid we can't pay anymore. So 0:06:06.121 --> 0:06:08.161 do you want this extra more interesting work or do 0:06:08.241 --> 0:06:09.361 you want us to give it to someone else? 0:06:09.401 --> 0:06:12.361 And you've captured it? Because most employers now are struggling 0:06:12.521 --> 0:06:15.161 right now, they're struggling to actually pay anybody anymore. So 0:06:15.441 --> 0:06:18.321 the other thing is people out there now you're going 0:06:18.401 --> 0:06:21.481 to be as common as anything. So just prepare yourself 0:06:21.521 --> 0:06:24.441 for this. So here's five tips. If you're going to 0:06:24.481 --> 0:06:27.521 be approached by somebody, by your boss, thiss are the 0:06:27.521 --> 0:06:30.281 things you got to do. Get some clarity in terms 0:06:30.321 --> 0:06:33.601 of what they expect from you. So ask them what 0:06:33.681 --> 0:06:37.121 success looks like those things. That's tip one. So get 0:06:37.121 --> 0:06:38.281 some actually. 0:06:37.921 --> 0:06:41.281 That is that is extra important, I would imagine, because 0:06:41.281 --> 0:06:44.521 you know what I reckon. Most of the time, problems 0:06:44.561 --> 0:06:48.481 between employers and employees come when one when they're not 0:06:48.481 --> 0:06:51.801 communicating clearly, because then you leave it up to your imagination. 0:06:51.921 --> 0:06:54.241 So if your boss has said to you, can you 0:06:54.281 --> 0:06:56.161 do this extra but cover this for us because you 0:06:56.201 --> 0:06:58.081 know we're still we're a bit short on staff. We 0:06:58.121 --> 0:07:00.481 need you to look at this particular issue and take 0:07:00.481 --> 0:07:04.361 responsibility for this. They don't say anything else, and you think, yeah, sure, 0:07:04.401 --> 0:07:07.201 but inside you going, of course I'm going to do this. 0:07:07.241 --> 0:07:09.081 Of course my boss is going to be he's really 0:07:09.081 --> 0:07:11.401 going to appreciate me, appreciate me for this, and it's 0:07:11.401 --> 0:07:13.321 going to mean X, Y and Z. But if you 0:07:13.321 --> 0:07:16.961 haven't said that to your boss, that person's probably just like, 0:07:17.001 --> 0:07:18.321 oh great, we've got it covered. 0:07:18.441 --> 0:07:21.681 Move on exactly. So the other points will cover that. 0:07:22.761 --> 0:07:26.761 I just want to one just for fun clarity expectations. 0:07:27.041 --> 0:07:29.841 It is really important because what's your boss looking for? 0:07:29.881 --> 0:07:32.481 And if you look if you're covering looking after other staff, 0:07:32.801 --> 0:07:34.481 is that a factor for the other boss for the 0:07:34.481 --> 0:07:36.961 boss to actually consider, you know, ask those questions and 0:07:37.001 --> 0:07:38.921 get to the bottom of it now. Zero point two. 0:07:39.401 --> 0:07:43.321 Set a time frame really important here because you might say, well, 0:07:43.681 --> 0:07:46.801 I'm happy to cover because I appreciate you see me 0:07:46.921 --> 0:07:49.601 having that ability to do that, But how about we 0:07:50.561 --> 0:07:53.161 review it at the end of say one month, maybe 0:07:53.161 --> 0:07:56.721 two months, maybe three months, so those that time frame 0:07:56.801 --> 0:08:00.081 is the second point. The third point is really important 0:08:00.081 --> 0:08:03.561 for me is document what you're doing. So when you're 0:08:03.561 --> 0:08:06.281 sitting in the role, you'll so busy doing the role 0:08:06.281 --> 0:08:07.841 and trying to do it properly and do it well. 0:08:07.881 --> 0:08:11.201 Because you're new at it, you forget. But really interesting 0:08:11.241 --> 0:08:15.401 for your CV because you've actually covered, stepped up, you're 0:08:15.401 --> 0:08:19.201 doing more more responsibility. Now more importantly, if you actually 0:08:19.281 --> 0:08:23.201 do get some achievements in that role. Just log those 0:08:23.241 --> 0:08:25.081 as well, because you will forget those. But when it 0:08:25.121 --> 0:08:28.041 comes to payroll time and you need to put a 0:08:28.081 --> 0:08:31.841 proposal to the boss, it's very important to put that now. 0:08:31.881 --> 0:08:34.521 The other thing is regular check ins of your boss. 0:08:34.921 --> 0:08:38.841 Will asking for a fortnightly or a monthly meeting ever, 0:08:39.201 --> 0:08:42.001 just to check and ask that question, how am I going? 0:08:42.761 --> 0:08:45.441 Are you happy? Is anything I can do better? Those 0:08:45.441 --> 0:08:47.881 are the three questions you should be asking your boss. 0:08:48.121 --> 0:08:51.601 See that's four. Actually I think that was larity time 0:08:51.641 --> 0:08:53.641 frame document. I thought you said we had five for you. 0:08:53.641 --> 0:08:57.321 You have wait for it. In case you get your 0:08:57.321 --> 0:09:02.041 butt have more wait for them. There's more. Evaluate your 0:09:02.121 --> 0:09:05.241 options is the fifth one. So if at the end 0:09:05.281 --> 0:09:07.241 of a period of time you're getting nowhere, there's no 0:09:07.281 --> 0:09:09.441 pay rise, or you're not getting a promotion, there's no 0:09:09.521 --> 0:09:12.561 talk of promotion, then I think you need to evaluate 0:09:12.641 --> 0:09:15.081 what you're going to do. Now. What you could do 0:09:15.161 --> 0:09:17.601 is put a formal proposal to your boss and even 0:09:17.641 --> 0:09:20.561 put that in writing, saying, look, I've stood up, been 0:09:20.641 --> 0:09:22.201 up here in this role for a period of time. 0:09:22.601 --> 0:09:25.481 How about you know we give some consideration to me 0:09:25.641 --> 0:09:29.481 moving up, or maybe we're making a role here for example, 0:09:29.521 --> 0:09:33.481 you're filling in for your boss who's away, and you're 0:09:33.481 --> 0:09:35.681 filling in for his role, Then put say to it, 0:09:35.841 --> 0:09:39.481 why don't you say the propose that you get a 0:09:39.561 --> 0:09:41.561 pay increase for that period of time you do step 0:09:41.641 --> 0:09:43.721 up from time to time to give your boss more 0:09:43.721 --> 0:09:46.441 time off and make the place more productive. 0:09:47.001 --> 0:09:50.681 Okay, if I in a way so like, I look 0:09:51.081 --> 0:09:53.401 at some of those and if somebody did do all 0:09:53.401 --> 0:09:57.001 that and I was an employer, I'd be thinking, oh gosh, 0:09:57.001 --> 0:09:59.121 that persons so high maintenance. I just asked him to 0:09:59.161 --> 0:10:00.801 do a couple of extra things, and now he wants 0:10:00.841 --> 0:10:03.481 to get paid more. Is he wants to me to 0:10:03.561 --> 0:10:06.681 have regular check ins with him? So needy? What a pain? 0:10:08.201 --> 0:10:10.681 Well let me just I guess and evaluate the options. 0:10:10.761 --> 0:10:12.961 Is another point I want to make here is maybe 0:10:13.001 --> 0:10:15.961 you consider moving on that's going off and having to 0:10:16.001 --> 0:10:17.601 look at another role. Because if you ain't going to get 0:10:17.681 --> 0:10:20.121 anywhere in your own business and you've had a test 0:10:20.201 --> 0:10:23.081 run and nothing's happening, well you might have to think 0:10:23.121 --> 0:10:25.521 about that. But look, the other thing is your approach 0:10:25.561 --> 0:10:28.801 to your boss. There's nothing worse than a winging, moaning, complaining. 0:10:29.761 --> 0:10:31.761 That's the catch, isn't it. It's how to be that 0:10:31.841 --> 0:10:35.281 employer who stands up for themselves without being that employee 0:10:35.281 --> 0:10:37.761 who's just like, oh, here they come again. What's the problem? 0:10:37.921 --> 0:10:41.321 Yeah, you know exactly. So the way to approach that 0:10:41.561 --> 0:10:44.721 is to look at it from them boss's perspective. The 0:10:44.761 --> 0:10:47.761 word that they love to hear bosses is I'm making 0:10:47.801 --> 0:10:50.921 this role more productive. I'm getting more out of the 0:10:50.961 --> 0:10:54.681 other guys. I'm actually using my initiatives a lot more. 0:10:55.521 --> 0:10:57.121 Those sort of things. Put that in front of the 0:10:57.121 --> 0:10:59.401 boss and saying, look, I think I'm actually doing well 0:10:59.441 --> 0:11:02.521 for you here. What's your thoughts on this? And they 0:11:02.641 --> 0:11:05.801 do lap it up, and particularly if they and identified 0:11:05.801 --> 0:11:08.881 it and you have you consist put it, they actually 0:11:08.921 --> 0:11:11.201 think later on, oh I thought of that. But you 0:11:11.241 --> 0:11:14.681 could say initiative, I'm using it. The fact that I'm 0:11:15.841 --> 0:11:18.761 more assertive with the workers and they're actually producing a 0:11:18.761 --> 0:11:21.081 lot more and working right up to the timeline rather 0:11:21.121 --> 0:11:22.761 than going off and washing their hands before the end 0:11:22.801 --> 0:11:24.481 of the day. You know, those sort of things are 0:11:24.521 --> 0:11:27.001 saying I really am getting this place working a lot 0:11:27.041 --> 0:11:29.841 better and smoother. The relationships with the workers is better 0:11:29.881 --> 0:11:32.721 than it was. You know, those sort of things sell yourself. 0:11:33.681 --> 0:11:36.001 Keeping the record of what you're doing is not many 0:11:36.001 --> 0:11:37.841 people would probably think of that, would they They'd just 0:11:37.881 --> 0:11:41.881 be doing their job. Just keep a diary, just this 0:11:41.961 --> 0:11:43.521 is what I did today, or these are the extra 0:11:43.601 --> 0:11:46.401 things I did, and just keep a casual note, not 0:11:46.441 --> 0:11:48.721 like you're looking to take it to the employment sort 0:11:48.761 --> 0:11:49.121 of quarter. 0:11:49.321 --> 0:11:51.761 Yeah, but yeah, And the idea is not to sit 0:11:51.801 --> 0:11:54.081 there and go, look how great I am. It's goat 0:11:54.121 --> 0:11:55.801 to put it in a context, which is good for 0:11:55.841 --> 0:11:59.521 the boss. You're saying, I actually have noticed in the 0:11:59.561 --> 0:12:01.561 past that this and this isn't happening. So I've taken 0:12:01.561 --> 0:12:03.801 initiative your boss and done this and this and this. 0:12:04.241 --> 0:12:06.761 I hope you don't knowing that they'll be so pleased 0:12:06.761 --> 0:12:09.241 with you. But it's actually just to bring it to 0:12:09.281 --> 0:12:12.081 their attention. Now the boss may not even say well done, 0:12:12.361 --> 0:12:14.001 but I'll tell you what, they'll take it away. 0:12:14.321 --> 0:12:17.321 There's also advice for employers on this side of things too, 0:12:17.401 --> 0:12:20.681 because you can probably avoid having an employee sort of 0:12:20.921 --> 0:12:23.721 be nipping at your heels on this stuff if you 0:12:23.801 --> 0:12:25.641 just say, hey, look, i'd like you to take on 0:12:25.681 --> 0:12:28.001 some extra responsibilities and this is how it's going to work. 0:12:28.521 --> 0:12:32.921 And if the employer is clear with the employee, then 0:12:32.961 --> 0:12:36.961 that gives less sort of room for disgruntlement and misunderstanding 0:12:36.961 --> 0:12:38.121 and all that isn't it well? 0:12:38.161 --> 0:12:40.241 And the other factor is give it a go. If 0:12:40.241 --> 0:12:42.361 somebody is stepping up for a period of time, you 0:12:42.401 --> 0:12:44.801 actually want to need to grow your workforce. And if 0:12:44.841 --> 0:12:46.961 you're going to give somebody a go in that senior role, 0:12:47.161 --> 0:12:50.241 give them a go, give them some appreciation for it, 0:12:50.601 --> 0:12:53.041 and chose some gratitude for it as well. And it 0:12:53.081 --> 0:12:55.241 may be just a temporary Oh look, I'm happy to 0:12:55.241 --> 0:12:58.001 give you an extra twenty dollars a week, or maybe 0:12:58.001 --> 0:13:00.081 one hundred dollars a week. Whatever the help, whatever the 0:13:00.161 --> 0:13:03.161 role is. But those things will always help. And of 0:13:03.161 --> 0:13:05.641 course it runs both ways. So you're going to get 0:13:05.641 --> 0:13:09.321 more productivity, you're going to get a more excited workforce, 0:13:09.681 --> 0:13:10.521 and you want people. 0:13:10.561 --> 0:13:11.241 Actually you are. 0:13:11.161 --> 0:13:13.241 Going to go there's an opportunity for me you make 0:13:13.281 --> 0:13:14.241 perhaps in the long run. 0:13:14.721 --> 0:13:16.721 Okay, look, we'd love to take your calls as well 0:13:17.241 --> 0:13:19.961 as to I mean, you are you in that situation where, 0:13:20.001 --> 0:13:22.601 because of the shrinking workforce at your place, you've had 0:13:22.641 --> 0:13:25.201 to take on more responsibilities. You've got an issue you 0:13:25.361 --> 0:13:29.921 like to run past not me, but Max on eight 0:13:30.001 --> 0:13:32.561 hundred eighty ten eighty give us a call text nine 0:13:32.601 --> 0:13:34.681 two nine two. But also Max is happy to help 0:13:34.681 --> 0:13:37.561 you with any employment questions you might have or issues. 0:13:37.601 --> 0:13:41.561 And they don't necessarily need to be legal about legal questions. 0:13:41.761 --> 0:13:44.161 They might just be some pragmatic advice. And I don't 0:13:44.201 --> 0:13:46.081 know how to bring such and such up, or I 0:13:46.081 --> 0:13:47.881 don't know how to deal with this little issue because 0:13:47.961 --> 0:13:49.761 I'm just afraid to make from my mouth. If you've 0:13:49.761 --> 0:13:52.241 got any questions, we want to hear from you. Eight 0:13:52.361 --> 0:13:56.561 hundred eighty ten eighty text nine. It's twenty one past 0:13:56.561 --> 0:13:57.281 five News Talks. 0:13:57.281 --> 0:13:57.561 You'd be. 0:14:05.121 --> 0:14:07.721 Already apose just how to take. 0:14:11.921 --> 0:14:25.521 Conversation, guess, Welcome back to the news Talks of the 0:14:25.761 --> 0:14:28.401 This is smart Money. We're talking employment issues with Max 0:14:28.441 --> 0:14:34.161 Whitehead and let's take some calls, right Nicola, Hello, Hello, Nichola. 0:14:33.881 --> 0:14:37.681 Makes Hi Max. Hey, I've got a question about a 0:14:37.801 --> 0:14:41.961 company sale. My son works for a company. They've advised 0:14:41.961 --> 0:14:46.041 the staff that they're selling the company. They've got a buyer, 0:14:46.241 --> 0:14:51.001 potential buyer that they're negotiating with. The leader that he's 0:14:51.081 --> 0:14:55.801 received says, your employment under your current contract will come 0:14:55.841 --> 0:15:00.961 to an end on the date which settlement occurs, and 0:15:01.041 --> 0:15:06.081 that they're negotiating to keep the current employees with the 0:15:06.161 --> 0:15:11.161 new owner. The wording in this letter says employment will 0:15:11.201 --> 0:15:19.601 continue while negotiation is ongoing. Some staff at the company 0:15:19.641 --> 0:15:24.521 are wondering whether this is the case of a redundancy or. 0:15:24.521 --> 0:15:29.801 Not, and it well could be. If in fact your 0:15:29.801 --> 0:15:32.521 son loses his job, it could be a redundancy situation. 0:15:32.601 --> 0:15:35.321 And of course the next question that comes with that, Nickeler, 0:15:35.361 --> 0:15:38.041 is what compensation could he receive? 0:15:38.161 --> 0:15:38.321 Now? 0:15:38.561 --> 0:15:41.121 The answer to that question is whatever's in his contract. 0:15:41.161 --> 0:15:44.561 If there's nothing written in there, there's not really much 0:15:44.601 --> 0:15:47.121 they could do about it. Now. The other thing I 0:15:47.201 --> 0:15:51.561 need to just clarify with you is the law requires 0:15:51.201 --> 0:15:54.521 a seller of a business like this and your son's 0:15:54.561 --> 0:15:58.121 current employer to advise them that they're going through this process, 0:15:58.161 --> 0:16:01.841 and he's trying to comply with the law. Your son 0:16:01.921 --> 0:16:05.401 could legitimately ask more questions, what's going on? Can I 0:16:05.441 --> 0:16:07.841 send clarity in terms of my role please? And how 0:16:08.361 --> 0:16:11.281 certain and secure is my role? And can I have 0:16:11.361 --> 0:16:13.241 that by and put it in writing? Put it in 0:16:13.241 --> 0:16:15.601 writing to them, Nicola. I think it's very important and 0:16:15.681 --> 0:16:18.041 I can understand your son, you've and yourself being a 0:16:18.041 --> 0:16:18.961 bit anxious about this. 0:16:19.961 --> 0:16:23.521 Yes, all right, okay, so it's a bit of a 0:16:23.561 --> 0:16:26.801 case by case depending on the contract and this to do. 0:16:27.041 --> 0:16:28.841 Use email and get some things in writing. 0:16:29.121 --> 0:16:31.561 Yep. And I would even ask can I please meet 0:16:31.601 --> 0:16:34.561 with the potential new employer and they can meet me 0:16:34.761 --> 0:16:37.601 and we can talk about what, you know, before they 0:16:37.641 --> 0:16:39.761 make any decisions where they employ me, they can get 0:16:39.801 --> 0:16:42.321 to meet me. I think that's a reasonable question. It 0:16:42.441 --> 0:16:44.841 doesn't They don't have a legal obligation to do it, 0:16:45.161 --> 0:16:46.721 but to put it in front of them and if 0:16:46.721 --> 0:16:49.041 they said no, well we could look at you know, 0:16:49.281 --> 0:16:51.641 not acting in good faith, but we could see how 0:16:51.681 --> 0:16:52.161 that goes. 0:16:52.921 --> 0:16:54.641 Yes, all right, thank you, Max. 0:16:54.481 --> 0:16:56.281 Good luck, Nichola, Yeah, thank you. 0:16:57.401 --> 0:17:01.201 Thanks Nikola. Got lots of texts here because actually understand 0:17:01.241 --> 0:17:03.441 what sometimes people don't want their voices on radio, but 0:17:03.521 --> 0:17:07.561 they about these issues through a right. Okay, here we go. Question. 0:17:07.961 --> 0:17:11.361 I'm on a three month trial. They can give me 0:17:11.441 --> 0:17:14.321 twenty four hours notice to counsel my employment. Can I 0:17:14.361 --> 0:17:17.361 do the same And this is the catch. My contract 0:17:17.481 --> 0:17:20.641 says I need to give four weeks notice. Thanks James. 0:17:22.281 --> 0:17:26.801 Unfortunately you have to give four weeks notice. Yeah, that 0:17:27.481 --> 0:17:30.241 really does seem unfair, and a quite often contracts say 0:17:30.241 --> 0:17:34.081 that you some period. Some people actually have contracts to 0:17:34.121 --> 0:17:36.201 say you're going to give three months notice and we 0:17:36.201 --> 0:17:38.001 can say goodbye to you in one month. 0:17:38.441 --> 0:17:42.481 That seems a bit strange because that's the ninety day 0:17:42.601 --> 0:17:47.121 termination clause to give employers the the I mean, sorry, 0:17:47.161 --> 0:17:49.561 it's the you know, the first three months of a contract. 0:17:49.801 --> 0:17:51.481 This is the government's broad in that thing that you 0:17:51.521 --> 0:17:52.161 can terminate. 0:17:52.361 --> 0:17:56.961 So that's optional tim that it's only it's only enforceable 0:17:56.961 --> 0:17:59.161 if the parties have agreed to it. Now, this is 0:17:59.161 --> 0:18:02.241 the key to all these questions, because have you agreed 0:18:02.481 --> 0:18:05.361 to have give three months notice or two months or 0:18:05.361 --> 0:18:08.721 four weeks and you can continue. You can say to 0:18:08.761 --> 0:18:11.841 your employer, hey, I'm not happy with that. I'd like 0:18:11.841 --> 0:18:14.121 to have the same as you. Seems to be equal rights. 0:18:14.641 --> 0:18:18.841 Yeah. Actually, here's the thing. If you're in a job 0:18:19.601 --> 0:18:24.441 of that nature, what remedies are there really for an 0:18:24.441 --> 0:18:26.921 employer when you just go stuff? There's some matter here, 0:18:27.721 --> 0:18:33.361 because I mean, it's just is it a meaningful clause 0:18:33.361 --> 0:18:35.441 when they say we want four weeks notice? Because if 0:18:35.481 --> 0:18:36.841 you're in that sort of contract, we are on a 0:18:36.841 --> 0:18:39.881 three month trial and you don't like it. I mean, 0:18:41.001 --> 0:18:42.601 if they say, well, look, we still want you to 0:18:42.601 --> 0:18:44.001 stick it out, and you say, well, I'm not going to, 0:18:45.041 --> 0:18:46.601 is there a way of you going well, there's a 0:18:46.601 --> 0:18:47.481 reason I'm not going to. 0:18:47.601 --> 0:18:50.681 Because look, I mean I get to ask this question 0:18:50.721 --> 0:18:52.561 by workers all the time. Can I look, I've got 0:18:52.601 --> 0:18:54.641 another job lined up and they want me now, can 0:18:54.681 --> 0:18:57.041 I just go and I go back to the thing, 0:18:57.081 --> 0:18:59.001 what's your contracts? Say? Because you've got on a bound 0:18:59.041 --> 0:19:01.681 of the contract. Now, if you're the employer right now, 0:19:01.761 --> 0:19:03.641 and look, a lot of them be listening to this, 0:19:05.121 --> 0:19:08.121 you can sue that worker for breach of contract, and 0:19:08.161 --> 0:19:11.721 there can be some quite severe consequences for it. But 0:19:11.761 --> 0:19:15.081 the cost to sue over a breach of contract quite 0:19:15.161 --> 0:19:17.881 often the judiciary are pretty lenient and they'll just go 0:19:18.401 --> 0:19:21.521 all okay when they could lose one week's pay or 0:19:21.561 --> 0:19:23.881 two weeks pay and goodness, meaning it's no good to 0:19:23.881 --> 0:19:26.681 any employer who's just spent thousands of dollars on litigation. 0:19:27.321 --> 0:19:29.881 Yeah, well, that's why I was wondering, because pragmatically, I mean, 0:19:30.001 --> 0:19:33.441 what who wants to go through any legal process? Really? 0:19:33.641 --> 0:19:35.881 You want the path of least resistance because you're running 0:19:35.881 --> 0:19:37.881 a business. I had. 0:19:39.361 --> 0:19:43.161 A client who owned gyms right through New Zealand, and 0:19:43.241 --> 0:19:45.481 with the gyms, they had a problem because people were 0:19:45.561 --> 0:19:48.401 just up and walk off. They wouldn't give their notice period, 0:19:48.601 --> 0:19:51.761 so it became such a problem. Max, we're engaging you. 0:19:52.161 --> 0:19:55.041