Have issues tried twice with my credit card both been declined. could you please assist me with this. NZ Napier. Nop. I

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Customer: Hi, have issues tried twice with my credit card both been declined. could you please assist me with this
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: NZ Napier
JA: Do you have any court dates or documents relevant to this situation?
Customer: nop
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have a specific question concerning wages for my employee that we need to hold due to stolen items which we have solid evidence and we have private investigator worked on this
Answered by Chris The Lawyer in 12 hours 2 months ago
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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

Please ask your questions
Customer
HI Chris, We have stolen goods issues with one of our employees. The police and private investigator are being involved with this.
Customer
He will be dismissed tomorrow as we have enough evidence to proceed. However we are not sure about if we can hole the payment for his holiday pay due to the value of the goods he has stolen. He stole the scrap from our workshop and also taken items from our clients premises when he did salvage job and we have evidence for this. The amount that we have from the scrap metal company is around $13K, his holiday pay and his last wages will be around 11k after PAYE. Our question is could we please hold his holiday pay against the items he has stolen ?
Customer
We will start the process tomorrow Monday at 10AM , so would appreciate if you can assist us before then . We have also an avidavit from one of our staff that delivered the items to scrap metal stated he did delivered the items to scrap metal and received the money and he gave all the money to the manager, as he did it under his instruction as his manager. Thanks Sharleen
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Chris The Lawyer, Expert

You cannot take any deduction from his pay without his consent because of the Wages Protection Act, which says deductions cannot be made unless the employee consents. You do need to be careful about procedure because unless he admits the theft, you need to start by suspending him before reaching a decision to fire him. You need to get his response so if he denies the theft you ewould need to give him an opportunity to answwr the allegations

If he admits this and agrees to go, and also agrees to deduction then you can end his employment

Customer
Hi Chris, thanks for that. We will follow the process i.e. first we will question and let him explain , then we will give him opportunity if he needs a support or lawyer, until then we have to suspense him. At present all the evidence shows that he is the instructor as he is the only manager.
Customer
If he cooperates then we will consider to go further however if he doesnt then we will go to the next stages. I read an article which stated the wages can not be deducted for unreasonable reason. so what is the meaning of unreasonable - if he stole company's money then basically he has to pay those back , isnt this reasonable ? however I am not sure hence I seek your advice.
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Chris The Lawyer, Expert

The act is quite clear that you cannot deduct the money-that will appear unfair, but you would need to bring a claim in the Employment Relations Authority for the losses, and complain to the police as well

Customer
to pay back the company monies that he stole is it class as unfair ?
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Chris The Lawyer, Expert

That is not the issue, as he must pay back what he has stolen. It’s just that you cannot deduct it from his wages unless he agrees. He may agree if the alternative is a police complaint
Customer
Ok thank you.
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Chris The Lawyer, Expert

Glad to help

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