I have been made redundant. My boss has not spoken or communicated with me directly for three years. I have no

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Customer: I have been made redundant. My boss has not spoken or communicated with me directly for three years. I have no employment contract. I was employed for 11 years in this job. My boss is now communicating fine and disputing my holiday pay reimbursement because of leave taken and not recorded. He has had three years to query this matter and has paid every week without any communication. What are my rights? Is he within his rights to query this after not communicating with me for such a length of time? I tried very hard to communicate with him.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: There was only myself and a Manager/Salesman in the office with me. I wanted an updated contract a while ago as I heard that he was going to sell the business (without mentioning it to me) and I contacted and discussed this with Employment NZ.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No contract and no union.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Chris The Lawyer in 44 mins 9 months ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

You can make a claim for a personal grievance, provided you are still within the 90 day period since you finished work. You can claim for the failure to have an employment contract and for an unfair process for redundancy and for unpaid holiday pay. You start this by sending a letter/email about these issues and inviting a response. If you don't get a satisfactory answer you can start an employment mediation through MBIE

Customer
I was made redundant on the 3es October 2021.
Customer
Thank you for your response Chris. What should my letter say please? Kind regards, Susan.
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Chris The Lawyer, Expert

You should set out the things they got wrong and ask for a remedy such as compensation for the wrong procedure.

Customer
I have spoken to an employment advocate and he ran over the redundancy email and said it was as it should be so it wouldn't be unfair redundancy process. I contacted Employment NZ and asked them to help me get a contract and they got nowhere with the boss as this is a voluntary process. They said I would have to put in a personal grievance but as I was still working for him at the time I didn't think that was a positive move. I have worked for him for 11 years starting in May 2010. I went into work during the last COVID lockdown to serve one of our good customers who had contacted me and when I got to the shop door I found I had been locked out and couldn't help this customer. My boss didn't answer my txt or phone call to try and find out what was happening. I couple of days later I got his redundancy email. I have not had a chance to pick up my personal possessions from my work station. He has said he will get them dropped off - which hasn't happened. I asked him to complete an insurance form from my insurance company which he should fill out and haven't had that back yet. He has gone back through the computer log in and out and has come up with 19 days from the last three years that he is saying I wasn't there and that I finished early as well. As he hadn't spoken to me or communicated in any way for the last three years and had been paying my wage each week I assumed he was in contact with the Manager at work at the time regarding this. He never once in those years asked for time sheets or anything. How is it he can ask now for me to remember where I was on a certain day three years ago? I think if I had had an employment contact this situation would never have occurred. How can he question me about this after all this time when I didn't have an employment contract and have never had one even though I asked for one. He has recently come up with a contract he asked me to sign once not long after I started and I said I wanted amendments made to it (no notice time mentioned, etc.) before I signed it. That was the last I saw of that. There is no signed contract on file because I never signed one. His emails to me now are very intimidating and long. I just don't think I deserve to be treated like this after such a long service and three very stressful silent years from him.
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Chris The Lawyer, Expert

You should still proceed with the personal grievance claim because of the shabby treatment and he will be penalised for not having a written contract

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