I am writing to you because I have several problems at my workplace and I need professional help. Not yet. That is a

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Customer: Hello Pearl, my name is***** am writing to you because I have several problems at my workplace and I need professional help.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: not yet
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: that is a small company, the job is hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: mostly 40 hours a week
Answered by Chris The Lawyer in 23 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hello. This is Jim and I've been an attorney for over 35 years.
Just so you are aware, JA is only a legal information site. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.
If you get a prompt about a phone call, that’s not coming from me; it’s the system. If you ask for a call, there will be an additional charge; you can feel free to ignore the request.
Finally, it's not unusual for me to be handling multiple customer needs simultaneously; there may be a delay of a few minutes in my responses to your replies.

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Chris The Lawyer, Expert

What problems are you having?

Customer
Hi Jim, I am Beni. Working for a small construction company for 9 month. I just did some research about my minimal rights and found out that I don't get them on my working place.
The first is related to public holidays:
I did not get more money working on public holidays neither an alternative paid holiday.
What is the law or the rule about that? How can I ask for the alternative day?
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Chris The Lawyer, Expert

I'm very sorry; I just noticed that you're in New Zealand, and somehow your question ended up on the board for lawyers in the US. I need to opt out, and recategorize your question, to get you into the right hands.

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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 wait while I read the question so I can make the most useful response

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Chris The Lawyer, Expert

On the holiday issue, you are entitled to a day off in addition to your usual holidays, if you work on the public holiday. You are also entitled to pay at time and a half. If your employer has not given you these benefits, you can ask a Labour Inspector to audit your employers wage records, and if necessary they can order payment and the holiday. The Holidays Act is very clear on this

Customer
That sounds good. How can a Labour inspector find out if I got a time and a half payment? I mean is hard the figure out that how many hours I was working. I wanted to check it under My ird, but there is no report. I just always get my salary weekly without any details in the payment. My boss only writes the worked hours in book with pencil so he could tell that on the specific day I only worked 4 hours instead of 8 and then the wage looks correct.
Customer
Sorry about my english, I am from Hungary, hope you can understand the prroblem.
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Chris The Lawyer, Expert

I understand your reply thanks. If the labour inspector looks at this issue, they will talk to you, and would likely accept your word that you were a full time worker and therefore the Holidays Act provisions apply to you

Customer
Thank you!
How can we decide that which days are the addition to my normal holidays? For example if I was working on two public holidays and I would like to have two paid day offs next week, does my boss heva to give the asked days to me or can he say no and give other days? Who chooses?
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Chris The Lawyer, Expert

The act says you can ask on 14 days notice for the day in lieu of the day you worked. He he refuses then you can claim a personal grievance

Customer
Does that mean, if ask for those day offs he must give them within 14 days?
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Chris The Lawyer, Expert

Not quite like that. You have to give 14 days that you want to take the holidays, then they should permit this

Customer
Ok,clear.
Last question about public holidays: If I wasn't supposed to work on december 25-26 and on the 1st and 2nd of January, does my boss have to pay a full day of each?
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Chris The Lawyer, Expert

You must be paid for statutory holidays if you worked up to those dates and afterwards

Customer
if I was working from May to the 23rd of December and the company had a shut down for 3 weeks and I restarted to work on the 11th of January, I have to get the payment of 4 full days, is that right?
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Chris The Lawyer, Expert

Yes that is correct

Customer
Thank you!
The next issue what is not clear to me is around the "sick leave" or the payment when getting injured at work and not able to work.
I got injured on 19th of Jan and went to the GP on the 20th. He wrote me off from the 20th to today. If I am correct I should have get at least 80% of my wage from my boss on the first 5 working days and the rest after from the ACC. Is that correct? I did not get anything from my boss. Do I have to ask for it or should this process be automatically?
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Chris The Lawyer, Expert

The process should be automatic, but you can take the first week as sick leave uuntil that is used up, and that would be at full wages

Customer
I would rather get the 80% and ask for 5 days of sick leave for the next week for the full recovery. Do I have the right to do it like that?
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Chris The Lawyer, Expert

You can ask for that

Customer
I am entitled for the 5 days sick leave after 6 month of work. From which day do we calculate the 6 month? I am asking this because I started to work for this company with a WHS visa on the 4th of May, that is clearly visible from my weekly salary. That time we did not sign any employement agreements. When my visa expired, I aplied for a Sponsored visa and we signed our first employement agreement when I got my new visa. That was on the 19th of August.
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Chris The Lawyer, Expert

The sick leave starts as at 4 May which is when you started work.

Customer
Great.
I don't have too many questions left.
The next one is about the holiday pay. I only entitled for that after 12 month but am I etitled for to pay as you go after 9 month? So does my boss have to pay me at least 8% of my gross earnings if I would resign?
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Chris The Lawyer, Expert

if you resign you should get 8% of gross earnings
Customer
good.
The last thing is that my boss is really forcing me to resign but I don't understand the reason. Why doesn't he just fire me? Is there any difference in if I resign or I got fired?
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Chris The Lawyer, Expert

If you are fired you could claim a personal grievance for wrongful dismissal but it is much harder to claim if you resign
Customer
Ok, I understand.
Chris, thank you very much for your help and for your time! You helped me a lot.
I might use your service in the near future, but hopefully, it won't be necessary.
Have a nice afternoon!
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Chris The Lawyer, Expert

Jó hétvégét

(Did I get that right?)

Customer
absolutely! :)
Have a nice weekend too!
Customer
Hi Chris, I hope you are still here. I have one more question. I just have had two very interesting phone conversations with my visa advisor. A variation of conditions application is in process and she is helping me in this. She is in very good relationship with my boss and I think she gave out information to him about my case. If not, then she just forgot to tell me really important information about this visa, what can cause that my application will be denied. ( She told me that I am going to need my bosses approval) Either options are bad. What can I do if I lost faith in my visa advisor? Where can I get help for this case? How to act in this situation?
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Chris The Lawyer, Expert

You can complain about an immigration advisor, although they may not help get a visa if your application is rejected.

https://www.iaa.govt.nz/about-us/make-a-complaint/

Customer
Ok, thank you!
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