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Speaker 1: You're listening to a podcast from news Talk zed Be

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Speaker 1: follow this and our wide range of podcasts now on iHeartRadio.

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Speaker 2: Gareth Abdenall is an employment, workplace and information expert. He's

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Speaker 2: also the director of Abdenor Employment Law. He joins us

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Speaker 2: once a month to answer your questions and it is

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Speaker 2: a great pleasure to welcome back Gareth Abdenall for the

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Speaker 2: first time in twenty twenty six. Gareth, how are you mate?

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Speaker 3: I'm good, I'm good. How are you guys?

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Speaker 2: Very good? How's life in christ Church? But chilly are here?

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Speaker 3: Actually today it's like summer's back. There's beautiful blue skies, sunshine,

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Speaker 3: very different from yesterday.

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Speaker 2: Yeah, how good. Nice to have your back mate. So

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Speaker 2: let's before we crack into some of the questions coming

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Speaker 2: through on texts and your calls as well. In O

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Speaker 2: one hundred and eighty ten eighty have a lets have

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Speaker 2: a chat about the trends that you were seeing coming

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Speaker 2: through in your client work so far this year.

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Speaker 3: Yeah, it's been a busy old year already, lots of

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Speaker 3: lots of bullying claims, so workplace investigations looking into those

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Speaker 3: sort of things and still seeing a lot of restructures.

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Speaker 3: I think Trump and as tariffs has really put a

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Speaker 3: cat amongst the pigeons, especially for a lot of Kiwi

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Speaker 3: businesses that export. And so I think companies are quite

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Speaker 3: conscious of the fact that they they don't want to

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Speaker 3: be over resourced because who knows what's going to happen next.

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Speaker 2: Interesting about the bullying complaints, have you had any theories

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Speaker 2: about why that seems to be particularly hot at the moment.

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Speaker 3: Yeah, it seems to kind of come in waves, but

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Speaker 3: there's definitely a peak at the moment. Maybe I'm getting

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Speaker 3: a bit old and cynical, but it's amazing how often

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Speaker 3: someone gets called to task for poor performance and almost

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Speaker 3: immediately afterwards there's a complaint of bullying.

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Speaker 2: It's yeah, yeah, yeah, totally.

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Speaker 4: The six says I told my employee that I was

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Speaker 4: going to start looking for another job. I did not resign.

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Speaker 4: I was only giving them a heads up out of

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Speaker 4: courtesy because it's difficult to fill the role. They responded

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Speaker 4: by giving me a letter saying my end date will

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Speaker 4: be the thirtieth of June, as they need continuity until

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Speaker 4: they backfill my position. Is this a termination ending on

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Speaker 4: their terms, not mine?

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Speaker 3: Yeah, it certainly sounds like it. I think that employers

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Speaker 3: most probably walked into a minefield there. That doesn't sound

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Speaker 3: like a reasonable approach to take. Of course, I often

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Speaker 3: see people tell their employers, oh, I'm looking for a

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Speaker 3: new job, I'm gonna leave, and I just go, why

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Speaker 3: would you do that? It just it's even with the

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Speaker 3: best intentions, it hardly ever ends well.

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Speaker 4: Yeah, I mean, I mean, there's no you know, someone

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Speaker 4: might say they'd be very loyal and being overly honest,

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Speaker 4: But as long as you're not looking for the job

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Speaker 4: on your work time, then there's nothing morally wrong or

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Speaker 4: legally you.

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Speaker 3: Know, No, there's nothing legally with that. But yeah, as

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Speaker 3: soon as a worker towls there and yeah that they're

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Speaker 3: planning to leave, it damages the relationship.

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Speaker 4: Yeah, idiot, Yeah, you're definitely not making long term plans

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Speaker 4: with them.

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Speaker 2: You've got to be smarter than that. Oh, one hundred

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Speaker 2: and eighty teen eighty is the number of caller you

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Speaker 2: got a question for? Gareth Steven go for Gold.

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Speaker 5: Yeah, all, how are you going this afternoon?

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Speaker 2: Very well?

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Speaker 3: Good? How can we help Stephen?

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Speaker 5: Quick question? Really well, not a quick question. We're about

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Speaker 5: to go through a full change process and everyone has

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Speaker 5: been asked to reapply for their roles. I've been over

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Speaker 5: the company for thirty years, the first fourteen is a contractor.

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Speaker 5: When it comes to if I am one of the

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Speaker 5: unlucky ones to be made redundant, am I allowed to

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Speaker 5: go for the fall fifty two weeks that I'd be

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Speaker 5: entitled to if I was considered thirty years or only

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Speaker 5: the past fourteen as an employee.

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Speaker 3: Wow, that's a really unfortunate situation. Generally, you would only

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Speaker 3: be able to count the years that you've been an employee,

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Speaker 3: not the years that you've been a contractor. Of course,

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Speaker 3: you could certainly try and negotiate something extra, and given

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Speaker 3: that you've been there that long, that that might, you know,

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Speaker 3: you you might actually make some headway there.

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Speaker 5: Yeah, sorry interrupt, But considering that the sort of High

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Speaker 5: Court Court of appeel case where they were considered employees,

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Speaker 5: would that not change the No?

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Speaker 3: I think I think that that's a little bit too

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Speaker 3: far away from your situation. You would you would have

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Speaker 3: to argue that you were actually an employee when you

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Speaker 3: were a contractor all those years ago, and now that

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Speaker 3: needs to count in terms of your renundency. I think

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Speaker 3: that would there would be a bit too far but

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Speaker 3: you know, I think a lot of employers want to

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Speaker 3: do the right thing. Whether they can or not, it's

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Speaker 3: another story, but I'd be raising it with them and saying, hey,

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Speaker 3: I've been here for thirty years, you know, can you

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Speaker 3: look after me?

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Speaker 5: Yeah?

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Speaker 3: OK, yeah, all.

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Speaker 2: The best, the best. Yeah, go well, Steve, and hopefully

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Speaker 2: that works out for you mate. All right. Oh eight

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Speaker 2: hundred eighty ten eighty is the number to call. Gareth

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Speaker 2: is standing by if you've got a problem in your

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Speaker 2: workplace or you're the boss and you've got a question

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Speaker 2: about your employees. Now is the time. We're joined by

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Speaker 2: Gareth Abdnor. He's an employment, workplace and information expert and

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Speaker 2: director of Abdenall Employment Law. If you've got a question

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Speaker 2: in regards to your workplace or if you run a business,

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Speaker 2: he is the man to chat to. Oh eight hundred

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Speaker 2: and eighty ten eighty is that number to call. Plenty

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Speaker 2: of texts coming through on nine two ninety two like

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Speaker 2: this one. Get a Gareth. I have an employee who

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Speaker 2: I think is lied about how long they intended to

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Speaker 2: stay overseas. They have stayed longer than approved. Can I

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Speaker 2: ask for flight details?

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Speaker 3: Yeah? That's a that's an interesting one. I think rather

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Speaker 3: than asking for flight details, I'd be asking them why

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Speaker 3: they're still overseas and why they haven't returned. Of course,

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Speaker 3: at the moment, there's been a huge amount of disruption

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Speaker 3: due to the attacks in Iran, and I know a

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Speaker 3: lot of people's travel has been impacted by that. So

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Speaker 3: I'd just be asking the employee to explain they may

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Speaker 3: have a legitimate reason.

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Speaker 6: Yeah.

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Speaker 2: Interesting that if they haven't turned up for work and

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Speaker 2: they said they were going to come back on a

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Speaker 2: specific date, you'd be why you're back, reason you don't

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Speaker 2: need to fly details?

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Speaker 4: I'll just be asking them this TEXTA asked is it

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Speaker 4: illegal to not have a contract if you're a contractor

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Speaker 4: my employer is refusing to issue me a contact a contract.

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Speaker 3: I'm not sure it's illegal, but it's certainly bad practice.

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Speaker 3: And if you don't have a written contract, how do

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Speaker 3: you know, well, how do both sides know what they've

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Speaker 3: agreed to. I might be very suspicious if whoever you're

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Speaker 3: working with doesn't want to give you a contract, because

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Speaker 3: that's a huge red flag.

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Speaker 2: Yeah, good milk him Gareth is standing by.

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Speaker 6: Oh hi, Yeah, two years ago or just for Christmas,

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Speaker 6: I was terminated and I was still on ACC. I

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Speaker 6: was given two weeks notice I'd had a league injury,

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Speaker 6: but I was doing as much as I could, like

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Speaker 6: three days a week, so many years of the week,

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Speaker 6: and they forgot to sign the paperwork. And then the

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Speaker 6: next morning or whatever I was called him and said, oh,

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Speaker 6: can I have the paperback because we forgot to sign it?

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Speaker 6: And I said, well, sorry, nah, first it anyway, Yeah,

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Speaker 6: all right, I got a case or not.

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Speaker 3: The general rule is that if you want to raise

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Speaker 3: a claim for unfair dismissal, you need to raise that

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Speaker 3: within ninety days of being dismissed. So it really depends

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Speaker 3: if you fit in that time frame or not, and

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Speaker 3: then it's going to look at the particular reasons an

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Speaker 3: employer does have to follow a fair process before dismissing you.

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Speaker 3: But from what you've said, it sounds like you could

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Speaker 3: potentially be out of time. That's something that you might

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Speaker 3: actually want to get some specific advice on, and a

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Speaker 3: lawyer can look at the details and assist you to

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Speaker 3: work out if you're in time, and if you are,

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Speaker 3: how strong the case is all the beat good.

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Speaker 2: Luck, yeah, good luck.

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Speaker 4: As a legit for an employer, slash small company owner

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Speaker 4: to ask eployees to do work at their private residence

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Speaker 4: that isn't work related. We've got this one before. This

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Speaker 4: must be a common thing.

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Speaker 3: Yeah, that does happen, And I often see employees being

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Speaker 3: asked to pick their bosses' kids up from school or

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Speaker 3: drop them morph and things that clearly aren't part of

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Speaker 3: the job. I think it really depends on is it

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Speaker 3: reasonable or not. Now, if the boss is asking you

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Speaker 3: to do stuff like that, it says to me that

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Speaker 3: there may not actually be enough real work for you.

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Speaker 3: So you need to be careful because if you start

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Speaker 3: pushing back on them doing a favor, yeah, you might

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Speaker 3: actually find that you get made redundant. So, you know,

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Speaker 3: it always comes down to the details, doesn't it.

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Speaker 6: Yeah.

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Speaker 4: I remember I had a boss that used to ask

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Speaker 4: me to go and help him do things that were

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Speaker 4: in his life.

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Speaker 6: You know.

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Speaker 4: You know, I was working in a record store. Next thing,

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Speaker 4: you know, I'd be chopping wood in his backyard. He

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Speaker 4: would come along and we bonded. We became very good friends,

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Speaker 4: and I think over time it was a positive thing

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Speaker 4: for the job could rely on. He had a bunch

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Speaker 4: of employees and he wanted some company when he was

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Speaker 4: driving out to his farm to do and get some

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Speaker 4: work done. So you know, I could have been annoyed

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Speaker 4: and said you're exploiting me, but instead I was like

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Speaker 4: singing out with the boss. Terrible driver though, because it

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Speaker 4: was terrifying getting this.

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Speaker 2: That would good. That's all that matters. Hey, there's an

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Speaker 2: interesting question here, Gareth. Can I say no to a

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Speaker 2: urine test with my employer? What are my options?

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Speaker 3: This is a great one and it leads to the

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Speaker 3: obvious question why most drag and alcohol policies actually have

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Speaker 3: a provision in them that say if you refuse a taste,

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Speaker 3: that is considered fouling the teast. So you need to

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Speaker 3: be very careful first steps. Have a look at the

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Speaker 3: drug and alcohol policy. The seekond steers if if taking

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Speaker 3: drugs is prohibited in your workplace. Yeah, maybe think about

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Speaker 3: why you're too scared to take the drug test.

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Speaker 2: There's not too many excuses about why you don't want

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Speaker 2: to take a urine test. I think I'm just trying

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Speaker 2: to think of one that's that's legitimate. I think we

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Speaker 2: all know why drink lots of water and flush the system.

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Speaker 3: It's it's amazing how many people smoke a cigarette that

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Speaker 3: wasn't actually a cigarette and they didn't realize that at

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Speaker 3: the time. They've only ever done it once, just before

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Speaker 3: there's a drug test.

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Speaker 2: Yeah, it's unfortunate for that person. Yeah, the only time,

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Speaker 2: and I just thought, it's only one time in my life.

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Speaker 2: It happened to be the day of the drug.

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Speaker 4: Cigarette that looks nothing like a cigarette.

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Speaker 2: A bit funny. But it is weird though, that.

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Speaker 4: Employees can ask employers can ask for some of your

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Speaker 4: body of bodily fluids, though, isn't it. I mean, on

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Speaker 4: one level, that's kind of a weird thing.

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Speaker 3: We can see why, and I think the whole drug

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Speaker 3: test thing. You know, some people think you shouldn't be

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Speaker 3: able to take drugs on the weekend. Then again, there's

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Speaker 3: some pretty clear reasons why you shouldn't be taking drugs

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Speaker 3: when you're working in a safety sensitive area. You know,

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Speaker 3: I've had cases where workers have gone and smoked to

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Speaker 3: joint at lunchtime and then operated heavy machinery, which you know,

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Speaker 3: obviously is not not a great idea. So first step

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Speaker 3: always always look at the contract, look at the policy

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Speaker 3: and see what it is. You potentially you could refuse it,

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Speaker 3: but there may be consequences to that.

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Speaker 2: Yeah, very interesting Gareth. Always a pleasure to have you

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Speaker 2: on and great DV on for the first time in

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Speaker 2: twenty twenty six. We will see you back here in

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Speaker 2: about a month's time.

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Speaker 3: Fantastic. Thanks guys.

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Speaker 2: That is Gareth Abden or you can find them an

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Speaker 2: abdenor law dot in z employment workplace, an information expert.

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Speaker 2: And I've got to say this part the conditent of

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Speaker 2: this segment is general in nature, not legal advice, and

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Speaker 2: information discussed is not intended to be a substitute for

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Speaker 2: obtaining specific professional advice.

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Speaker 1: For more from news Talks at b listen live on

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Speaker 1: air or online, and keep our shows with you wherever

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