I need help with the employment act

More
13 years 1 month ago #17878 by devan
My brother has been working as a normal employee for a catering company that conracts to large companies and runs the staff cafe. He was moved onto a different site because it wasn't doing well and they wanted him to get it up and running properly but basically its a dead duck. They are now saying that he cant go back to where he was because they have someone else in there and that they will give him a different site to run but at a reduced hourly rate. They cannot reduce his hourly rate can they? I know they can put him in a different job role but i'm 99% sure they cannot drop his hourly rate. Anyone know?

The trouble with some women is that they get all excited about nothing,and then they marry him.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265519 by NZ Appaloosas
He needs to go talk to a lawyer who specialises in employment matters (I'm not sure exactly how good these employment "advocates" who advertise on TV are...).

Diane


Featuring Wap Spotted, sire of the first Wap Spot 2 grandget in Southern Hemisphere and New Zealand

On the first day God created horses. On the second day He spotted the best ones.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265521 by poaka
He should have a contract that stipulates his terms and conditions of employment .. it's the law. They can not change this without his agreement.. If the job is substantially the same they must honour the contract ( good faith employer bit) If the job is substantially changed than he may have to apply for the new position if not than redundancy provisions should apply. Sounds to me like they are not acting in good faith
http://www.legislation.govt.nz/act/public/2000/0024/latest/whole.html?search=ts_act_employment_resel#DLM58317

Statistically, 6 out of 7 dwarves are not Happy. [:)]

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265522 by eelcat
He could also ask a question on the DOL site.

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265524 by reggit
I've found the Dept of Labour helpline really helpful in discussing this sort of thing over the last couple of years, get him to give them a bell...

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265525 by devan
I dont believe that the role has changed much at all, its just they found someone cheaper to work at his old site because he had already done all the hard work setting it up from scratch and now he is surplus to needs for now

The trouble with some women is that they get all excited about nothing,and then they marry him.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265527 by NZ Appaloosas
If he really wants to slog thru' the Employment Relations Act, the location online is: http://www.legislation.co.nz/act/public/2000/0024/latest/DLM58317.html?search=ts_act_employment+relations_resel&sr=1

Probably most pertinent part is Part 6, but I've not read thru' that part fully in a while.

Diane


Featuring Wap Spotted, sire of the first Wap Spot 2 grandget in Southern Hemisphere and New Zealand

On the first day God created horses. On the second day He spotted the best ones.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265529 by devan
Far out thats pretty heavy duty reading! I've given him the 0800 no for dept of labour, hopefully they can help

The trouble with some women is that they get all excited about nothing,and then they marry him.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265553 by NZ Appaloosas
Welcome to my world, devan! I get to read things like that on a regular basis...25 years of reading that sort of thing, amazing I can still speak normal English! LOL

Diane


Featuring Wap Spotted, sire of the first Wap Spot 2 grandget in Southern Hemisphere and New Zealand

On the first day God created horses. On the second day He spotted the best ones.

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265571 by poaka
If you don't want to troll through the Act than the advice about the D.O.L is very good. The few occasions I have referred people there they have been very helpfull with the interpretation of the Act. I have phoned the Wellington branch and the woman I spoke too was excellent.

Statistically, 6 out of 7 dwarves are not Happy. [:)]

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265572 by Stu_R
Devan i can understand .... at present am about to start fighting the primary school i work for :( ... they changed my hours back in January ... i got pay slip ( lots of money to me) thought it looked to much ( but then again as had just changed from set hours , salary to time sheet and hours put in ) thought it may have been part of holiday pay from old set up ... took that payslip to headmaster ( boss) and queried it " nope, thats correct, its fine , you are not overpaid) that was 26th January.
Since then, i have not been paid, it is not being sorted out, the pay people have broken the law by just stopping my pay, as they say i was overpaid.
If i was overpaid ( which i had queried at the time) .. then they have no right to just stop my pay ... they must notify me in writing , then i have the right to say how much per day day they can reclaim ... they can NOT just stop my pay.
They have done none of the above... So tomorrow is show down time ... i am not quitting the job, i am just not doing any work till its sorted out

5 retired Greyhounds ( Bridgette , Lilly, GoGo,Sam and now Lenny) 15 friendly sheep all of whom are named and come when you call them :) , 2 goats, Mollie and Eee Bee :
Olive trees , .. old bugger doing the best he can with no money or land :)

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265575 by sundaysbest
DOL for sure Devan - they will be able to help.
However, they can offer him another site, at a reduced rate... it all comes down to the responsibilities entailed and size of site and whatever other parameters they have in place for roles and their rates. Goodluck!!

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265583 by Seaside
In a word, no. It's a unilateral variation of his contract - unless his employment agreement specifically states that his wage rate can be varied, and he agreed to that when he started his job.

The DoL helpline is a really good start. If the employer won't budge,then the next stage is mediation. The DoL provides a free mediation service. It might also be something that the labour inspector will pursue on his behalf - there are certain things to do with wages (under the Wages Protection Act 1983) that labour inspectors enforce, including taking the employer to the Employer Relations Authority if necessary. The helpline will know.

Kids, beasts, and chillies in Swannanoa South.
www.farmaway.co.nz

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265608 by beedee
From my wee basic knowledge, they have to give 3 mths notice to any changes.. so presume reduction in hours means that.. good luck with DOL

Please Log in or Create an account to join the conversation.

More
13 years 1 month ago #265646 by Seaside
I've been pondering on this a bit deeper. A lot will depend on what was agreed when he took on the new role (as manager of the dead duck). Did they discuss what would happen if it failed?

It is possible that they could decide his position (as manager of the dead duck) is redundant because the cafe is being shut down. If they make the role redundant, the employment agreement ends. They can offer him an alternative role, which can be at a different pay rate, as an alternative to redundancy, in which case it will be a new employment agreement that he can accept or decline. But the employer has to follow a fair and reasonable process when making someone redundant, and quite often this is where they go wrong.

Kids, beasts, and chillies in Swannanoa South.
www.farmaway.co.nz

Please Log in or Create an account to join the conversation.

Time to create page: 0.236 seconds