You're listening to the Weekend Collective podcast from News talks'b.
And welcome back to the Weekend Collective Tim Beverage. And if you've missed any of the earlier hours, don't forget. You can go and check out a podcast on iHeartRadio wherever you get your podcast. Let's look all the news Talk ZB website. But right now it is time for smart money and we want your calls on eight hundred and eighty ten eighty. You can text on nine two nine two. And my guest in studio, he is a regular on the show's an employment expert and employment employment
what's the word guru? Maybe I don't know, but his name is Max Whitehead.
Max, how are you very good? It's nice to be here turned up front and center.
It Actually, it feels like quite a while since we've caught up. Maybe I was away one weekend or something when you were on last time, but.
It feels like that to me. I've been to Queensland, I was in Fiji this time yesterday. It was really yeah, I've been just enjoying life.
You've been everywhere, man, Hang on, was that on holiday or yeah?
Yeah, that was on holiday?
Okay, you didn't find a reason. It's like talk employment with the hotel employees Texas holiday was.
Shocked with Fiji, you know, talk about employment, poverty over the is this riddled? I was really quite shocked. We went off to some villages now at the outback there. We don't how lucky we are in New Zealand. We really don't. I thought we were economic depression in New Zealand. Wow, you want to live over there. There's corrugated iron checks everywhere.
I guess it's all a game of comparisons when you consider New Zealand. Because if some people will say if they go to go on holiday and visit Sydney in Melbourne, ever wander around, then they come back here and it feels like a tumbleweed.
Well I was quite depressed. But actually for the for the for the ordinary people over there, I think they've really got it tough. But it also is an awakening for me saying, hey, New Zealand is not that bad after all. And this was pretty upset with the last six years of the previous government. But this one I think we're going to show a little bit of promise. We're a long way to go and things aren't rosy yet. But what I'm saying is, wow, you can pee yourself,
compare yourself from over there. A couple of coups have and help.
Yeah, I think a couple of cups help. Sounds like an election slogan, doesn't it For someone who's standing for election or something? Those cups of a help. Actually, how is the job market looking from your point of view? I know that that's not necessarily your bag is to survey what's going on, But of course you're constantly dealing with people who've got employment issues, whether they be employers or employees. Are they particular common issues that are popping up at the moment.
Or really is a fickled market? You know, the job fluctuations are going up and down, but actually they still come back to the same New Zealand's economy is lifting slowly and steadily, but it's struggling at the moment. But what's really interesting to me is the fluctuations within the industry. Some industries are really booming. It particularly is really going off. Computer people that can program computers, those sort of things
are really really taking off. Then you've got other industries who are really really struggling, you know, education, hospitalization, health, those sort of things get staff. They just can't get on their feet and really struggling.
Oh, education is struggling to get staff. It's not people within the education are struggling to get a job so much.
Well it's worse tim they're actually leaving and droves. We're getting robbed here about Australia, of course, and they are up and leaving, and so that's why the industry is getting affected so dramatically, and it's a lot of pain with it, those particular industries, and of course the government departments as well.
Okay, so if you've got any questions for Max, we'd love to hear from you on eight hundred and eighty ten eighty. Or if you're asking on behalf of a friend, which we sometimes get with them plumbing issues, I think, oh, I'm just calling on behalf of a friend. You're welcome to do that as well, or text on nine two nine two. The first thing I have a chat about,
Max is the expanding responsibility. So in a situation and a company where obviously with tough times and employers have had to trim their workforce, but sometimes as a natural result of that, they might be in a position where or you, as an employee, might be in a position where your employer has placed a little bit more responsibility on your shoulders. And sometimes that's just something that's welcome.
It's oh cool, I'm getting to do this, and you don't think about whether you should be getting paid more. But at what point, because you know people have lost their jobs, it's probably the reason you're getting more responsibility. At what point should you say to your employer, Hey, look, I love that you've given me some extra stuff to do, putting your money where your mouth is. How do you raise that issue without becoming that employee where it's like, I don't ask Bob to do it because he's going
to ask more money. He's a pain in the backside.
And this is such a common question. I get it quite frequently, and it particularly is, you know, how am I going to approach my boss for a pay increase? How do I best do it? And you know we've talked about this before and here. But the other thing is each individual, each employer, he has different aspirations and where they are in life. So one thing to consider is what are your career aspirations? What is it you're trying to achieve? Do you have any goals? Some people
are quite happy of the role they've got. The other thing is to consider, you know, particularly if you're getting imposed on with extra responsibility, is what's the company's policies in regards to promotion people sitting temporarily in roles? You know, is there a period of time you go through those policies, Because sometimes companies will say you cover a role for a period of time and you can take it to a degree of ownership or extra money for them.
I guess the thing is an employer might say, yeah, I've given you this to do, but you're still arriving at work at a half past eight and going home at five o'clock same hours. Suck it up, baby, Yeah, I mean, just consider yourself lucky. They're not. No employees going to employers should say this. I'm being deliberately mischievous, but the subtext is basically, hey, look, we aren't asked you, just asking you to stay any longer. Your job's are a
bit more interesting. I'm afraid we can't pay anymore. So do you want this extra more interesting work or do you want us to give it to someone else?
And you've captured it? Because most employers now are struggling right now, they're struggling to actually pay anybody anymore. So the other thing is people out there now you're going to be as common as anything. So just prepare yourself for this. So here's five tips. If you're going to be approached by somebody, by your boss, thiss are the things you got to do. Get some clarity in terms of what they expect from you. So ask them what
success looks like those things. That's tip one. So get some actually.
That is that is extra important, I would imagine, because you know what I reckon. Most of the time, problems between employers and employees come when one when they're not communicating clearly, because then you leave it up to your imagination. So if your boss has said to you, can you do this extra but cover this for us because you know we're still we're a bit short on staff. We need you to look at this particular issue and take
responsibility for this. They don't say anything else, and you think, yeah, sure, but inside you going, of course I'm going to do this. Of course my boss is going to be he's really going to appreciate me, appreciate me for this, and it's going to mean X, Y and Z. But if you haven't said that to your boss, that person's probably just like, oh great, we've got it covered.
Move on exactly. So the other points will cover that. I just want to one just for fun clarity expectations. It is really important because what's your boss looking for? And if you look if you're covering looking after other staff, is that a factor for the other boss for the boss to actually consider, you know, ask those questions and get to the bottom of it now. Zero point two.
Set a time frame really important here because you might say, well, I'm happy to cover because I appreciate you see me having that ability to do that, But how about we review it at the end of say one month, maybe two months, maybe three months, so those that time frame is the second point. The third point is really important for me is document what you're doing. So when you're sitting in the role, you'll so busy doing the role and trying to do it properly and do it well.
Because you're new at it, you forget. But really interesting for your CV because you've actually covered, stepped up, you're doing more more responsibility. Now more importantly, if you actually do get some achievements in that role. Just log those as well, because you will forget those. But when it comes to payroll time and you need to put a proposal to the boss, it's very important to put that now. The other thing is regular check ins of your boss.
Will asking for a fortnightly or a monthly meeting ever, just to check and ask that question, how am I going? Are you happy? Is anything I can do better? Those are the three questions you should be asking your boss.
See that's four. Actually I think that was larity time frame document. I thought you said we had five for you.
You have wait for it. In case you get your butt have more wait for them. There's more. Evaluate your options is the fifth one. So if at the end of a period of time you're getting nowhere, there's no pay rise, or you're not getting a promotion, there's no talk of promotion, then I think you need to evaluate what you're going to do. Now. What you could do is put a formal proposal to your boss and even put that in writing, saying, look, I've stood up, been up here in this role for a period of time.
How about you know we give some consideration to me moving up, or maybe we're making a role here for example, you're filling in for your boss who's away, and you're filling in for his role, Then put say to it, why don't you say the propose that you get a pay increase for that period of time you do step up from time to time to give your boss more time off and make the place more productive.
Okay, if I in a way so like, I look at some of those and if somebody did do all that and I was an employer, I'd be thinking, oh gosh, that persons so high maintenance. I just asked him to do a couple of extra things, and now he wants to get paid more. Is he wants to me to have regular check ins with him? So needy? What a pain?
Well let me just I guess and evaluate the options. Is another point I want to make here is maybe you consider moving on that's going off and having to look at another role. Because if you ain't going to get anywhere in your own business and you've had a test run and nothing's happening, well you might have to think about that. But look, the other thing is your approach to your boss. There's nothing worse than a winging, moaning, complaining.
That's the catch, isn't it. It's how to be that employer who stands up for themselves without being that employee who's just like, oh, here they come again. What's the problem?
Yeah, you know exactly. So the way to approach that is to look at it from them boss's perspective. The word that they love to hear bosses is I'm making this role more productive. I'm getting more out of the other guys. I'm actually using my initiatives a lot more. Those sort of things. Put that in front of the boss and saying, look, I think I'm actually doing well
for you here. What's your thoughts on this? And they do lap it up, and particularly if they and identified it and you have you consist put it, they actually think later on, oh I thought of that. But you could say initiative, I'm using it. The fact that I'm more assertive with the workers and they're actually producing a lot more and working right up to the timeline rather than going off and washing their hands before the end
of the day. You know, those sort of things are saying I really am getting this place working a lot better and smoother. The relationships with the workers is better than it was. You know, those sort of things sell yourself.
Keeping the record of what you're doing is not many people would probably think of that, would they They'd just be doing their job. Just keep a diary, just this is what I did today, or these are the extra things I did, and just keep a casual note, not like you're looking to take it to the employment sort of quarter.
Yeah, but yeah, And the idea is not to sit there and go, look how great I am. It's goat to put it in a context, which is good for the boss. You're saying, I actually have noticed in the past that this and this isn't happening. So I've taken initiative your boss and done this and this and this. I hope you don't knowing that they'll be so pleased with you. But it's actually just to bring it to their attention. Now the boss may not even say well done, but I'll tell you what, they'll take it away.
There's also advice for employers on this side of things too, because you can probably avoid having an employee sort of be nipping at your heels on this stuff if you just say, hey, look, i'd like you to take on some extra responsibilities and this is how it's going to work. And if the employer is clear with the employee, then that gives less sort of room for disgruntlement and misunderstanding and all that isn't it well?
And the other factor is give it a go. If somebody is stepping up for a period of time, you actually want to need to grow your workforce. And if you're going to give somebody a go in that senior role, give them a go, give them some appreciation for it, and chose some gratitude for it as well. And it may be just a temporary Oh look, I'm happy to give you an extra twenty dollars a week, or maybe one hundred dollars a week. Whatever the help, whatever the
role is. But those things will always help. And of course it runs both ways. So you're going to get more productivity, you're going to get a more excited workforce, and you want people.
Actually you are.
Going to go there's an opportunity for me you make perhaps in the long run.
Okay, look, we'd love to take your calls as well as to I mean, you are you in that situation where, because of the shrinking workforce at your place, you've had to take on more responsibilities. You've got an issue you like to run past not me, but Max on eight hundred eighty ten eighty give us a call text nine two nine two. But also Max is happy to help you with any employment questions you might have or issues. And they don't necessarily need to be legal about legal questions.
They might just be some pragmatic advice. And I don't know how to bring such and such up, or I don't know how to deal with this little issue because I'm just afraid to make from my mouth. If you've got any questions, we want to hear from you. Eight hundred eighty ten eighty text nine. It's twenty one past five News Talks.
You'd be.
Already apose just how to take.
Conversation, guess, Welcome back to the news Talks of the This is smart Money. We're talking employment issues with Max Whitehead and let's take some calls, right Nicola, Hello, Hello, Nichola.
Makes Hi Max. Hey, I've got a question about a company sale. My son works for a company. They've advised the staff that they're selling the company. They've got a buyer, potential buyer that they're negotiating with. The leader that he's received says, your employment under your current contract will come to an end on the date which settlement occurs, and that they're negotiating to keep the current employees with the new owner. The wording in this letter says employment will
continue while negotiation is ongoing. Some staff at the company are wondering whether this is the case of a redundancy or.
Not, and it well could be. If in fact your son loses his job, it could be a redundancy situation. And of course the next question that comes with that, Nickeler, is what compensation could he receive?
Now?
The answer to that question is whatever's in his contract. If there's nothing written in there, there's not really much they could do about it. Now. The other thing I need to just clarify with you is the law requires a seller of a business like this and your son's current employer to advise them that they're going through this process, and he's trying to comply with the law. Your son could legitimately ask more questions, what's going on? Can I send clarity in terms of my role please? And how
certain and secure is my role? And can I have that by and put it in writing? Put it in writing to them, Nicola. I think it's very important and I can understand your son, you've and yourself being a bit anxious about this.
Yes, all right, okay, so it's a bit of a case by case depending on the contract and this to do. Use email and get some things in writing.
Yep. And I would even ask can I please meet with the potential new employer and they can meet me and we can talk about what, you know, before they make any decisions where they employ me, they can get to meet me. I think that's a reasonable question. It doesn't They don't have a legal obligation to do it, but to put it in front of them and if they said no, well we could look at you know, not acting in good faith, but we could see how that goes.
Yes, all right, thank you, Max.
Good luck, Nichola, Yeah, thank you.
Thanks Nikola. Got lots of texts here because actually understand what sometimes people don't want their voices on radio, but they about these issues through a right. Okay, here we go. Question. I'm on a three month trial. They can give me twenty four hours notice to counsel my employment. Can I do the same And this is the catch. My contract says I need to give four weeks notice. Thanks James.
Unfortunately you have to give four weeks notice. Yeah, that really does seem unfair, and a quite often contracts say that you some period. Some people actually have contracts to say you're going to give three months notice and we can say goodbye to you in one month.
That seems a bit strange because that's the ninety day termination clause to give employers the the I mean, sorry, it's the you know, the first three months of a contract. This is the government's broad in that thing that you can terminate.
So that's optional tim that it's only it's only enforceable if the parties have agreed to it. Now, this is the key to all these questions, because have you agreed to have give three months notice or two months or four weeks and you can continue. You can say to your employer, hey, I'm not happy with that. I'd like to have the same as you. Seems to be equal rights.
Yeah. Actually, here's the thing. If you're in a job of that nature, what remedies are there really for an employer when you just go stuff? There's some matter here, because I mean, it's just is it a meaningful clause when they say we want four weeks notice? Because if you're in that sort of contract, we are on a
three month trial and you don't like it. I mean, if they say, well, look, we still want you to stick it out, and you say, well, I'm not going to, is there a way of you going well, there's a reason I'm not going to.
Because look, I mean I get to ask this question by workers all the time. Can I look, I've got another job lined up and they want me now, can I just go and I go back to the thing, what's your contracts? Say? Because you've got on a bound of the contract. Now, if you're the employer right now, and look, a lot of them be listening to this, you can sue that worker for breach of contract, and
there can be some quite severe consequences for it. But the cost to sue over a breach of contract quite often the judiciary are pretty lenient and they'll just go all okay when they could lose one week's pay or two weeks pay and goodness, meaning it's no good to any employer who's just spent thousands of dollars on litigation.
Yeah, well, that's why I was wondering, because pragmatically, I mean, what who wants to go through any legal process? Really? You want the path of least resistance because you're running a business. I had.
A client who owned gyms right through New Zealand, and with the gyms, they had a problem because people were just up and walk off. They wouldn't give their notice period, so it became such a problem. Max, we're engaging you. The next time this occurs, we're going to sue them, and we want to make an example to all the rest. You bridge a contract, there's consequences.
Actually, what does this remind me of? Oh, it reminds me of rugby contracts when people went there some players who are like, I want out and I'm just going to go and play in Japan or something or whatever, and they seem to just being able to allow to do it. And I sort of like what I was thinking, rugby union, why don't you just say no, actually no
you're not going or that whatever the union was. But of course they would say, well, there's no point trying to force a player to stay if they don't want to be there. I'm I don't know, I'd like to see someone try that out. YEA, Well, what are they going to play badly and then reduce their own value?
Well, you look at the top top top players, and they pay millions of dollars or so for them to come across. So you'll find that they've got some very severe clauses in there, but they don't seem to be enforced.
As one pointer. Sometimes they just I've.
Seen employers come back and saying, look, I put it, I've got a restraint to trade in. The worker who I'm so pleased to see the backup has come to me and said, what about the restraint? Bosses?
Do it?
Is that enforceable? And quite frankly, no, I reckon I'd actually promote them to the opposition because that would help me more. Okay, god's the cynic well that could be saved with sport as well, couldn't it.
Yeah? Indeed, yeah right, I'm just checking the time here, it's twenty nine minutes to six. If I'm still within my aunty day trial and I'm off on ACC for two months, can my employer let me go under the ninety day trial?
And the answer that is yes. Unfortunately, they don't actually have to tell you the reason, and can they do it legitimately? It's pretty harsh that ninety day trial period, it really is.
But actually, if you're on ACC, You're still getting some money through ACC, aren't you. How does that work?
Lost lost income? You are and ACC will continue to pay you. So that's really in your favorite to some degree as well. But you know, the employee can say goodbye, sorry, you're accident prone, you've got injuries. You're not actually coming up to the post for way we want you, so cheerio.
Okay, what about this? This is probably more of a political question from Ken what happens when an employer wants only slave labor immigrants so they don't have to comply with the ra LS health and safety requirements. It's a widespread issue. So this is basically just saying about employees who aren't following the law, isn't it? Yeah?
And that happens an awful light. So and it really is, unfortunately, because I see a lot of it. It's where they quite often it's not from an overseas employer. They come from that particular country and they'll employ people knowing that they can abuse them, and then they actually threaten them as well. I mean I've had a case where I called it slave labor, and it certainly was saying if you, if you complained to anybody about this, then you'll be
deported and you get nothing. And also you're in breach of your visa. You could find yourself locked up in jail here. And of course the countries they come from are pretty harsh regimes and they believe it, so they just sit here and actually get paid below the minimum wage. It's awful.
Yeah, that is an awkward one because there's no the incentive for a whistleblower in those circumstances. Well, there's not much incentive, is it, Because you are in a job which maybe is exploiting you, but you have employment. If you blow the whistle, you're out of a job, and who's going to thank you for it?
And look, I mean that was going to make myself unpopular. But I had five clients that came to me from a liquor store and they were exactly what was happening. They were getting about two dollars an hour yea, and their visa said that they are and they were students as well, they weren't supposed to be working the hours, and they said, we have to. Our boss tells us we have to work beyond that, and if we don't, he's going to dob us in for breach of visas and he's got us. And then I said, all right,
well look I can. I can act for you. But of course it gets to a point even with me, I can't do everything for nothing. So I said, go to the Department of Labor. They can represent you. They did that. Three years later, the Department Labor said, have you been in touch of these guys? I said no, I think they've gone back to their home country. And they said, well, oh yeah, Well I've just won one hundred and fifty thousand dollars between them, but they've gone so it's too late.
So how they won how much.
One hundred and fifty thousand dollars between five of them?
Well, actually, I mean it sounds like that's quite a good award, but that's not gonna last. All.
The thing is, tim is the judiciary are really bad here. And I've got a client now, a well known New Zealander that we all know, and she's had to wait four years for the Employment Authority to come up to say she had a case. That's all they did in four years. And I've actually taken it to the court now because we just can't believe how this has just been stretched out for so long, So four years no
pay and she's asking just to be paid. And with that, even the employment the judiciary even said that she has to pay costs for actually asking other people to be accountable.
Gosh. You know what it sort of highlights is that if you can, if you can try and a step, I mean, it's it's probably not a reasonable comment actually, but just if you ever have to go to court on something, it's it's just the least desirable thing. Always try and I mean just communicate, communicate, communicating to get an understanding.
And that's that in terms of lawyer folks. So I would concur completely with that, because it really is. I mean, it's very nice to go around and threaten people. They all take you to court. You don't step if you step out of line. It's not peaches and cream. It really can be difficult.
Now because I mean there are things like the well, of course, the disputes to be on heir, employment disputes and there are so if you do want to take action, whether you're an employer or an employee, it's expensive from day one, isn't it.
Oh yeah, because the low level judiciary in the court is called the employment authority and they've become like a mini High court and they conduct their hearings of such a sophistication levels that you need. You'd be a fool to go in there without having support and somebody to guide you through it.
And look, are you allowed a lawyer the employment authority?
Yes, oh you are, yeah, And that's what they have to do to survive. Otherwise your dog's dinner to anyone who's on the other side, they would just each of for breakfast. And the judics is stressful. The judiciary supports this. A whole legal industry is like this right now. There's no more justice for the ordinary man in the street, ordinary man or woman in the street. It really is. And there's a guy from the United Kingdom said this over fifteen years ago. He said, there's no justice anymore
for common law for the average person. You have to be very, very wealthy to get some advantages on it. But that's the way mediation seems to go. I'm getting worked up, worked up here, but this is the truth. So in mediation it works out for the party. So some party may be in a winning position. Say it's a worker, Hey, worker, do you realize if your boss appealed any decision we might make here that they could take it off to so and so judiciary. Could you
afford that? How much would Max's costs be if you had to supply defend yourself within that judiciary? Oh? X dollars? I haven't got that. Well, then maybe you should just settle for a few hundred dollars here.
God.
Yeah, that's a whole separate question, isn't it. What's the most effective way to resolve an employment dispuite without it costing either side a fortune?
And that comes down to money, and that's not the right thing it should be.
Also the costs thing as well. The unfortunate thing is that if you are you think you've got a legitimate grievance, but say it doesn't go your way. You haven't taken a vexatious claim, You've just taken them. You've tried to stand up for yourself. But if you lose, you're up for costs for the other side, aren't you. Which to me it's true, which to me does feel wrong. I wonder if that needs to be revisited.
A little absolutely particular case I mentioned before, where a person just as for their wages. Yeah, and she's got a cost now of sixteen thousand dollars to the judiciary for asking for wages, and four years later it hasn't received a cent blind assent.
Right, We'll take your calls though, all your text. We've got plenty of a few text questions to get into as well. If you want to give us a call and jump, you will jump the queue and be next up. It's twenty two minutes to Sex News Talks.
D B, a part of from Now, From now, Yeah, get hold of me. It does z B, but no, give me a call. We'll go dub dub dub, Whitehead Group dot co dot NZ or just give me a call. On twenty four to seven ninety three ninety three.
There was an eight hundred before that. Isn't that?
There is no? Yeah, you got me right, eight hundred What is it?
I eight hundred twenty four seven ninety three ninety three, which is quite easy to remember because our text is nine two nine two and so it's just inflationary on that nine three nine three. So I eight hundred twenty four seven nine three nine three.
Go there we go. Oh, so please for the facts talk to Tim.
Yes, right, question for Max finished job end of March five, weeks holiday pay received approximately half in April, but nothing since. Despite a number of emails to employer, no further money received. Nora replies to my emails, what can I do? Thanks Katie?
Right, there's consequences for that. You should get hold of somebody like myself. And well, you can even lodge it yourself as a wage areas claim. That's what it's called wage areas claim. And you can lodge an application to the employment authority and ask for them to intervene.
Oh okay, so it's not such a litigious situation. It's more of a here's my wages they haven't paid me, boom.
Boom, and what should happen? First, I've asked for Actually, you can do this at all. At the same time, ask for the wage and time records. Your employer's got to give it to you, and that should specify how much money you've been paid. Then you've got a formal record of it. If your employer fails to provide that, that's another there's another problem for the employer. That's another penalty. So you get some advice on this. If you're finding
this a bit complicated. If not, go to the online and you can lodge an application yourself with the Employment Relations Authority.
Okay, good stuff, right, here's another one. This might be a tax question. I get paid a car allowance by the company. I know other companies give part of this tax car allowance is tax free. However, my company will not pay any part of this allowances tax free. In other words, they're giving them the money, but there taxing. At Where do I stand and who do I speak to to rectify this? Because it does sound like you expe I.
Think it takes expenses though, and it's arguable with the IID what's compensation? But this sounds very much like compensation. So if you're using your own vehicle and they're giving you a car allowance, then you're being compensated. Means you're not making profit out of it. You're being compensated. And if the IID recognize that. By the way, the IID even publish what is a reasonable rate for you to be paid? So I think there's a lot of support for you within the IID to say that it's a
tax free amount amount of money. But look, go and ring them and contact them and ask them that question.
Actually, the ID probably quite helpful with that. I would imagine. And also if you've got that response from the inland Revenue, they might be able to provide you with a letter just saying this is not necessary. And then you know.
They used to provide a guidance online for what is reasonable compensation for using a vehicle.
I'm sure they probably still do. Actually, but yeah, I'm.
Sure they do because it's a common common matter.
I found that every time, by the way I found whether I have to deal with the ID and if they've asked me a question, I come back to them and chat with them. It's that I've always found them thoroughly reasonable to deal with. I think the idea that the taxman is like having a conversation with the executioner.
You know, I think the days have gone. But the other thing is if you've got a friendly accountant, you know, or somebody who's wealthy in that world, and we'll go and talk to them. But certainly compensation, say the word compensation. I'm being compensated for using my own vehicle.
Okay, this one, oh, I think this is a curly one. I if somebody's on a casual contract and goes permanent after they've been with the company for more than three months, so okay, they'm in casual for a few months, then they go permanent. Does the ninety day trial rule apply the or.
The answer to that is no, unless you've agreed to it. So a couple of things of the ninety day tripoo you have to be a brand new employee. You can't do it for a day of work, or you come back and work for them once before, so that that is. And also you've got to agree to it. It's got to be in writing, and you've got to sign off agreement to it.
Okay, So I'm guessing if somebody on account I'm just rereading this text, yes it doesn't apply, but make sure you don't sign anything that does.
Because many casual contracts out there with no ninety day troll period. So you probably haven't got one.
Okay. Hi an employment question, Well that's good because that's what makes us here. For my contract, says employer, key we saber at three percent no reference to as required by law. I'm nearly sixty five. Can they stop keiwi saber on my sixty fifth birthday? Or doers the contract still cover it because it specifically says three percent key we saber, So I think the law is that with no, with no proviso that they don't have to pay a
contribution after sixty five. But does the contract stipulating it without any other reference, does that change the game.
There's a clear rule here, Tim, and I'm sure you know what I'm going to say here.
No, don't.
You can't contract outside the law. So if the law says that you don't get key we Saver after the age of sixty five, then you don't, and they can't write a contract that says otherwise and then take that money off you.
So I mean, hang on, say that again. I get my head.
Can't contract. You can't contract outside the law. You can't say, for example, I'm writing a contract here and you can go and murder someone it will if you wanted to. So that's what I'm saying is you can't contract outside of law. So something like the key we Saver and we're going to keep taking it out of your pay when the law doesn't allow them to. So first off, there's the wages protection it that prevents employees from taking helping themselves to your pay.
Oh, actually, I guess I was reading into this that they pay extra on top of your normal rate too as a contracted thing to cover key we saver as opposed to taking it. Maybe you're right, so that would be different.
They've written down key we saber, haven't they know.
Because that comes out of your pay as opposed. Oh no, okay, I think they're talking about an employer contribution. That'll be it. So there's often a contract where you have you know, you're putting four, three or four percent, and the employer says, and we'll top that up as well as part of your contract by another three or four percent. Okay, that's the question.
So in that particular case, if it's in your favor and the law, the employer can provide you as extra money as much as they like.
But if it's in this contract, even though they're turned sixty five, unless I'd think you'd still get it. It's part of your employment. But it does sound slightly content, but it's.
Taking it out of your paint. No, but certainly for them to give you extra money, they probably still didn't pay you. Go back and say, look at the contract.
Okay, I think we found our answer there, didn't we.
Well, we doubled around.
We eventually Hi, my employer of fourteen years went into receivership. I requested my employment contract, but they were unable to locate the contract. My employer agrees on the fact that there was a contract signed on employment and we have re signed a new copy of the contract. I had a redundancy clause in the contract. Our contracts were canceled by the receivers and we signed new contracts with the receivers. God, this is complicated. I left the business after two months
with the receivers and the businesses now closed. The receivers have not offered me my redundancy in my preferential claim. Do I have a right to the redundancy? Oh my god? That did sound like a signing contract with the employer, then resigning, then resigning a contract with the receivers.
This is complicated, and the powers of receivers is quite enormous, but it's actually been challenged recently. I think in the employment judiciary a receiver actually exercising powers because they flicked people off just a will. And I think you would be worthy to get some proper come and have a talk to me, or have someone to have a talk with these and gives the facts as they can roll out. Because this is quite complicated by the sound of it.
A receiver cancel a contract, Well, who says they can?
That's quite weird.
I mean if a receiver is trying to keep the company still alive.
Well, hang on, here's the thing that I think is in this person's favor too. Our contracts were canceled by the receivers and we signed new are new contracts that probably didn't have the redundancy. Told well more for you then, okay, that might be a proper It.
Says you have agreed to not have it. So yeah, that was possibly be right. And we stumbled on that one as well.
We got there it eventually. Hey, look we got to take a break. It is nine minutes to six. This is news Talk, said B. Yes, Newstalk, said b. This is this is smart money with Tim Beverage. We have but we have been chatting with and he's still here, Max Whitehead.
He won't leave.
We can't get rid of him. Actually, we've got one more quick text. Hi, there was wondering if a company has a clause in an employment agreement that says the employee can't work in that industry amount for x amount of time after leaving the company. Well, it's a restraint of trade clause. How enforceable are they? That's from leson.
Depends on your role, the skill levels you've got. There's a lot of depends that depends and did you enter into that contract reasonably and fairly? Did we able to get advice. There's quite a lot of conditions you need to get further advice on this, but be wary of them because a lot of people today think they're not enforceable, and they're actually there as big consequence as you get it wrong.
The courts don't like these clauses very much.
What's the word, not in the public interest, because it really is preventive. It's anti I mean the court's supposed to well, they do recognize that it's good to have a good society that is actually competing, particularly in businesses.
And actually, if you are negotiating contract, you should start with that line saying, I see you've got a restraint of trade clause. Your advisors will tell you these are not in the public interest, So let's talk about this clause and what exactly you want.
To I get asked the question all the time. You just critique this this contract, for this employment agreement for me and folks, I'll do that for you out there, and I don't charge just for a quick look. But when I see a restraint of trade, I go caution, caution, caution. I've even told very good friends, do not sign this contract.
But the other moral of the story, I think from this hour is that if you have a contract in place and your employer wants to offer you a new contract, just don't sign it. If it's eroding your rights. It gets some advice or something, you know. We've had a few examples on that where people might have signed a new contract doing away with their redundancy.
And here's the big news to a lot of people don't realize this. If you're offered a contract, you can negotiate it the Employment Relations Act. That means the law encourages you to negotiate it. And if your employer doesn't want to play ball with you, he's got to act in good faith. You've got to do it for the facts. You talk to Max, So give me a call.
God, he's got the slogans. You can call them at I eight hundred and twenty four to seven ninety three and ninety three, or just google Max Whiteheady. He's easy to find anyway. Hey, thanks, nice to see him, Max.
That was great to come and I really enjoyed it. I just say quick hello to Frank and Carol and I had a cup of tea with him today.
Excellent, excellent, and thanks my producer Tira Roberts. Job Tyra, and we'll be back with you again, same time next weekend. Check out the podcast News Talks we website or eyeut radio look for the Weekend Collective, enjoy the rest of your evening. Sunday at six is next.
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