Employment Tribunal

Has anyone used the tribunal and with what results.

I have an issue at work at the moment where they owe me for 10 hours. They haven't paid for 5 of them after promising and are disputing the other 5. I have had a big row on the phone with the manager who is naturally sticking up for the staff who told me she wasn't allowed to pay me and I had to see the manager. They said I hadnt' clocked in, I dont' know, but I always make a point of clocking in. I got the man to look up on CCTV and I am there. My point is, I was there, I expect to get paid for it. I got told I don't know how to use the clock in/out thing. I have been there 12 months and have got it right untill a new manager arrives. I am going to work tonight so I think I may have a written warning waiting for me. Bring it on I say. I am leaving anyway, but don't want them to win this. They are down from 9 nightfill to 1 some nights and they still don't get it. Some have just not come back, no 2 weeks letter or anything, jsut walked out, several others are looking for other jobs, so it just isn't a clash with me even though they say I am the only one that has trouble with their wages. I know for a fact I'm not because a couple of us had to go to the office together a few weeks ago to sort it out then. Maybe the other one was invisible. One girl I work with at night said she had a stand up row over them owing her wages once, and I know that a lady last year had left over the same thing.

Toni, I have used the local Labour Dept inspector here with great success. Even if the ex-employer did deduct the postage when she (finally) sent me the last instalment cheque! Doesn't cost you anything. If all you're 'wanting' is your wages owed, I would recommend you start there ...

JMHO (just my humble opinion).

ETA : If, on the other hand, you think that going the Employment Tribunal route would make the employers buck their ideas up (and sort things out a little for their other staff), then by all means. I would expect it, what little experience I have had, to be a somewhat belittling, frustrating experience. But again, JMHO.

I agree with PRIM, my experience has been that if you are just after wages owed go via the labour dept first. They have a lot of powers including imposing quite large fines and in my experience are particularly hard on non payment of wages.

I think you have to go to the Labour Department first, they refer on to the tribunal and/or mediation if there is a case.

First place to go:

www.ers.dol.govt.nz/problem/first_steps.html

Start at the top & work down the list on the left.

Thanks for the suggestions, I will go follow those up. It is simple really though isn't it, you work, you expect to get paid for the hours worked. I am wondering what will be waiting for me tonight. I am not going to say anymore over there, they know they owe me money so will have to hand it over one way or the hard way.

I'd go read that link before you go tonight. And be careful what you say when you are there, you have plenty of time for redress, and it only takes one slip to pox your case completely.

Yep, just been reading it and am going to print it out and take it with me to read more of it at smoko. I am just going to let them hang themselves with the rope I am going to give them. What can you do when they deny that the pay lady told me she was told not to pay me for 5 of the hours. I told him of course he is going to deny that was ever said. I think I have said everything on the phone this morning and am expecting them to make things difficult untill I leave. BUT, I am going to make them put up with me a couple more weeks yet.[^] That'll teach 'em. It's a shame as I have really enjoyed working there untill the last few weeks. Two managers do not work either, we are getting orders from one and contridictory orders from the other one. A case of too many chiefs methinks. I have a case as I am on camera that I was there, had that confirmed yesterday, unless they delete it.

Get someone else to witness the 'on camera' bit who would be willing to speak up..just in case it is mysteriously deleted

betenoir;180266 wrote: Get someone else to witness the 'on camera' bit who would be willing to speak up..just in case it is mysteriously deleted

Aaaaaah good thinking Watson.

The silly thing is, some of my co-workers say, "Oh, I never check my payslip" How much have they got away with with those ones.
They are not used to too many people checking I suppose.

Toni, call your local Labour Inspector. They enforce wages law. They will pursue the matter with your employer and if the employer is in breach of the Wages Protection Act, they will take the matter to the Employment Relations Authority for you if the employer refuses to pay your wages or disputes your claim.

It's a bit of a different matter for personal grievances (under the Employment Relations Act), where it's the employee themselves (and/or their lawyer or union rep), who will pursue the issue (this is the case for dismissal or unilaterally changing the employment agreement - eg your hours or place of work).

Take with you a recording device. Even modern digital cameras, phones, PDAs have a setting to record audio. Also take a friend/observer/witness who can verify anything said to you.
Do not let them get you alone, you have the right to have 'support' in actions like this.

Thanks wyseyes, I only just thought of that and haven't got one to take with me, but will look into that tomorrow. I also just thought, I wish I had used the other phone in the house which has a recording device on it. Anyway, off now to face the lions, will check in when I get home and post what happens tonight.

good luck

So don't they keep a record of who was "supposed" to be on shift or not?

Obviously if you were supposed to be at work, and you hadn't arrived, wouldn't you hope that one of your colleagues would have noticed that you hadn't turned up?

I would get a copy of the CCTV footage as soon as you can. Most places seem to delete them within 48 hours. Put it in writing tonight your request for a copy...

Toni - wishing you all the best. My advise is that you don't rush to the Employment Tribunal unless you really have too. On the other hand, if you want a $5000 payout, and know that will be on your employment record, then rush there. I am probably verbalising this very badly but am aware of (NOT YOU) bad employees spitting the dummie and going to the ET and yes, they do get $5000 but they also screw their future prospects if their potential employer is checking their background.

Unfortunetely, there are people out there who make this a way of life.

On the other hand I totally sympathise with you as I left a job, knowing that I had done 110% plus three other people's jobs and was in effect screwed by the Regional Sales Manager. When I was back on ground zero and rationalising what had happened, I could have taken them to Court for abuse of process as well. At the end of the day, my sanity was worth more than their idiotic choices of staff. I have been Vice President of a National Organisation working on Strategic Policy and Training - so I am not DUMB!...but the decisions made by some Companies out there leave me speechless. They rely on Americanised Personality tests that are not worth the paper they are written on so end up with monkeys.

At the end of the day Toni, it sounds as though the Company you are working for have employed "monkeys" but just remember, that is not your issue. Do your hours, do your time, do not give 1% more than you have too but in the interim, play the game, get your money and be staunch. They will realise they are not working with a pushover and who knows - maybe you could go for the Manager's job working 9 to 5 (or should I say from my experience - 10 to 4!). All the best.