What are my rights as a casual employee who was receiving the wage subsidy? I haven’t discussed with anyone. I recently

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Customer: What are my rights as a casual employee who was receiving the wage subsidy?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I haven’t discussed with anyone. I recently had to say no to one shift and now my boss has taken me off the roster and not paying the wage subsidy
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no it is hospitality
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I just want to know my rights around this, Thankyou
Answered by Chris The Lawyer in 14 mins 2 years ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

If you are a casual worker, then your employer doesn't need to give you any work. However if you have a regular pattern of work and an expectation of work every week, then it is possible to claim a personal grievance if you are taken off the roster and off the wage subsidy. I would suggest that you approach your employer first, and say that you believe that this is unfair, and ask him to change his mind. If he refuses, tell them that you will need to bring a personal grievance claim

Customer
Okay thanks for your help and I have already had a meeting with them following the situation and My boss would not budge.
Do I need anything in writing to claim the personal grievance claim?
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Chris The Lawyer, Expert

You should write a letter or email to him, which says that you believe his decision is unfair, and that it amounts to an unfair dismissal, and that unless he puts you back on the roster, you will contact a mediator from MBIE to start an employment mediation, claiming wrongful dismissal and loss of wages and damages for the distress this has caused. If he ignores the letter you should then get in touch with a MBIE mediator and start the process

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