May 7, 2025 • 16 mins
This week on Ask The Expert, Gareth Abdinor from Abdinor Employment Law joined the Afternoons team to unpack workplace-based questions.
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Speaker 1 (00:09):
You're listening to a podcast from News Talk sed be
follow this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaor is an employment workplace information expert and director
of Abdenaor Employment Law. He joins us once a month
on Ask the Expert to answer your questions. If you've
got a problem in your workplace, or you're the boss
and you've got some issues with your employees, here is
the man to chat to. Gareth. Hello to you, been
a long time.
Speaker 3 (00:35):
Good day guys, It's great to be back.
Speaker 4 (00:38):
Oh one hundred and eighty ten eighty. If you've got
a question for Gareth, let's start with a text here.
I've been told I cannot smoke outside my workplace. It's
my lunch break. How can they tell me where and
where not to smoke? I get not smoking in the
bathroom and office, but outside? How much control do they
have on me?
Speaker 3 (00:57):
Wow, that's a tricky one. And it's been a long
time since I've been asked a question about smoking. I
thought everybody faked these days.
Speaker 5 (01:04):
Yeah.
Speaker 3 (01:06):
The the anti smoking legislation sets out the requirements and powers. However,
there is also the ability for employers to give a
reasonable instruction. Now, one thing that occurs to me is
it's really not a great lock for the company or
the business to have the staff standing on the footpath
(01:28):
directly outside smoking, especially if they're blowing that secondhand smoke
into customers' faces. So it will really come down to
what the business is and exactly where this person is standing.
But maybe they should try and kick the eggs.
Speaker 2 (01:46):
Yeah, good advice.
Speaker 4 (01:47):
So does your workplace own you on your because you're
not often for lunch breaks? You get half now, but
that's a period of time where you're not getting paid.
So do they own your behavior during that half hour?
Speaker 3 (02:01):
If you know what I'm saying, Yeah, yeah, totally. And
I guess it depends if you can be identified as
a staff member. If you if you go across the
road to the food court and you're still wearing your
uniform and you kick up a ruckers throwing a you're
going to be you're going to be in trouble. Yeah.
(02:22):
But if you're if you're dressed dressed and mufty and
no one knows where you work, and it's far more
difficult for an employer to to be able to control you.
Speaker 2 (02:33):
Do they have to provide a space for smokers or vapors.
Is that part of legislation or that's just out of
the goodness of their heart. If they're a good worker,
they'll provide you a space. You can do that in
your break.
Speaker 3 (02:43):
That is such a good question, Tyler. You know, it's
been so long since someone's asked me about smoking. I
do vaguely recall that a lot of businesses when this
first came in, had designated smoking spaces, but gosh, I
didn't even know that was really a thing anymore.
Speaker 2 (03:01):
You have to be money bags to smoke these days, and.
Speaker 3 (03:04):
Might take out a mortgage to the pack.
Speaker 4 (03:06):
And my previous job, we see it up a bit
of some smoking bait. We put up a fake sign
in front of on a window saying smoking area, just
to see if there were any smokers take the bait. Yeah,
it was like the moths to a flame. There suddenly
three or four smokers within a half an hour. Hey, Gareth, Hi, Gareth.
I have an employee who has requested a meeting regarding
(03:29):
two letters of concern which have been issued to them
in the last month. They've requested to bring to support
people with them. Is this normal to have two or
can I request they just bring one. I will only
have one support person with me myself.
Speaker 3 (03:43):
I've never been asked that question before. I don't know
why you would want to bring two support people when
if I was the employer in that case, I'd be
I'd be asking why and who these people are. There's
a lot of confusion out there between the difference. You know,
a support person is not a representative, and sometimes people
(04:07):
get confused on them. And so, yes, of course you
can bring a support person to a formal meeting, But
this sounds like they just want to have a chat. Well,
why do they need a support person? And who are
these support people? You know, I can see situations where
if you bring your work colleagues along that could really
(04:27):
create some issues. So yeah, when in doubt.
Speaker 4 (04:31):
Ask yes, so requested a meeting regarding two letters of
concern which had been issued to them. Yeah, so it's
a they are summoning the meeting, They're organizing the meeting
and then bringing to support people.
Speaker 2 (04:42):
Really weird, isn't it spread as part of the meeting
and they just bring in some mates along the feet.
Speaker 4 (04:48):
It sounds it sounds a little bit like intimidation. Welcome
to the show. Sandra, you've got a question for Gareth.
Speaker 6 (04:58):
Yes, I do five. It's kind of two Christians. I
was on sickly maybe three weeks ago, and I messaged
into my boss that was fine, But later in the
day she sends me a long text message asking me
if I can work extra hours going forward permanently. And
it's felt a bit like harassment because there were probably
(05:19):
three ticks that day about several different things. And now
I'm on acc leave and whilst I've only been on
it for a week that she has messaged me through
outlook my performance review and that that's upcoming and to
look at the documents regarding that, And I'm like, can
I just be left alone to be on leave or
(05:40):
do I have to respond to all of these requests?
What is spare?
Speaker 3 (05:46):
Yeah? And you know, when you're unwell, you want to
be focusing on your recovery, not work stuff. While it's
not prohibited for an employer to contact an employee while
they're on sick leave, they need to act reasonably and
it certainly doesn't sound like these things are urgent and
(06:08):
couldn't wait. There's nothing wrong with you asking your employer
to wait until you are fitting back. To work, but
as always, I highly recommend that you do that in
a polite and professional way. If they don't listen to that,
then they may be giving you grounds for a grievance.
Speaker 6 (06:32):
Yes, that's fair enough. I just haven't responded to the
emails about for much reviewers that it's like, well, I'm
not even a footage. But when you're on sick leave
and you're still getting pets, which happens quite regularly I
am on sick labor, I'll still get texts from the manager,
and I just think it's a little bit of a
boundary violation.
Speaker 7 (06:51):
Really.
Speaker 6 (06:52):
It seems about strange.
Speaker 3 (06:53):
Yeah, And unfortunately, in this day and age, you know,
people are kind of expected to be available all of
the time, and that's not strictly legal. It would be
very difficult for your employer to take action against you
if you just ignored those messages unless it was something
urgent and really warranted and immediate response. I would certainly
(07:16):
advise an employer that it's not likely to be appropriate
to start renegotiating hours and things like that while someone's
on sick leave unless there's a really urgent reason. But
you know, people often forget good faith there's a mutual obligation,
and you know, if you're not happy about this, raise
(07:36):
it in a constructive way and see how they respond.
Speaker 8 (07:41):
Okay, thank you.
Speaker 2 (07:42):
Or the best Sandra. Hopefully that works out for you.
I mean, that is an interesting scenario. Text here, Gareth.
It says, Hi, I have an employee who's been on
ACC for over eight months. Now, can we simply let
them go with no repercussions?
Speaker 3 (07:59):
Anonymous No, I'm pretty straightforward answer there. Certainly, after someone's
been away from work or AC you see, for eight months,
I would definitely be engaging with them, starting a formal
consultation process. But you can't just let them go. That
would be very high risk and almost inevitably lead to acclaim.
(08:23):
But it would be very reasonable to start consulting with
them over when they're likely there's going to be any
restrictions on them when they come back. Often employers leave
it far too long. One fish hook to keep in
mind for employers is that while someone's away on ACC,
they continue to accrue holiday pay entitlements. So the longer
(08:46):
you leave it, if they do end up going, you're
you're going to have to pay them more. So get
onto it. Consult with them and get the information you
need to make a decision.
Speaker 2 (08:57):
Very good. Eight hundred eighty ten eighty is the number
to call if you've got a question. For Garethe's brilliant.
He is the man you need to chat to and
you can do so, but you've got to be fast.
So eight hundred eighty ten eighty is the number two.
Speaker 4 (09:08):
There's some confusion about the ACC question. Before I thought
if you had someone this texasays. I thought, if you
had someone on ACC and that position was vital to
your business, then you could make them redundant after consulting them.
Speaker 3 (09:23):
Yeah, and the key part there matter is you have
to consult with them. You can't just you can't just
make someone redundant. And even if they're not a vital
part of your business, if you consult with them, and
it's not reasonable to keep that position open, especially in
situations where it's not clear if they are actually going
(09:44):
to be fit to return to work, then you might
be able to terminate due to medical incapacity or medical retirement.
So the texture is correct, but you have to go
through that consultation process.
Speaker 4 (09:59):
Hi, Gareth, there's a perception amongst my team that every
twelve months almost to today, they're entitled to a pay review.
Is this just a perception or is this an actual
legal obligation? Thanks very much, Mike.
Speaker 3 (10:09):
It really depends on what's in the employment agreement. Traditionally
there was a clause that said every twelve months where
will give you a performance review and a pay review.
That's becoming a lot less common and certainly it's not
something I would recommend because you don't want to be
held to that cycle. It is good to have regular reviews,
(10:31):
but no, there's no requirement to give someone an annual
pay review unless it's in the employment agreement.
Speaker 2 (10:40):
Very good, Mark.
Speaker 4 (10:40):
You have a contract question for Gareth.
Speaker 8 (10:44):
Yeah, I just found out that if I resigned that
I have to I cannot work for a similar type
of company for six months. They are really out of
it for a.
Speaker 3 (10:57):
Yeah, it really depends on what your job is and
the industry. That's a restraint of trade provision. Now for
that to be enforceable, it needs to be reasonable, and
that comes down to the particular circumstances of your case.
If you work in an industry where you have a
(11:17):
lot of contact with suppliers and customers and you competing
within that six month period would be considered unfair competition.
Then you may be stuck with that certainly something that
would be worth taking advice on, though, because you don't
want to be twiddling your thumbs for six months, that's
(11:38):
for sure.
Speaker 8 (11:41):
I can sol like different because there's only certain few
companies that do what I do, so I just want
to there around it.
Speaker 3 (11:53):
Well, you know, depending on the advice you get and
your particular circumstances, it might not even be enforceable. Alternatively,
you might be able to negotiate something with your employer.
I've dealt with situations where people have agreed that they
won't go after certain clients or they won't unfairly compete.
(12:14):
In situations like that, you may be able to come
up with another arrangement. But the first step is you
should get advice and find out if that restraint is
actually enforceable or not, because if it's not, then you
might be worrying about something that's not even a problem.
Speaker 8 (12:30):
So how do I find out throughout?
Speaker 3 (12:34):
Yep? If you you could just contact the Law Society
and find someone who is an employment specialist and they'll
be able to help you.
Speaker 2 (12:45):
Good luck with that mark six months here, Gareth, for
a restraint of trade seems quite high at the upper limit.
Can it be more than six months? Or is that
enshrined in legislation?
Speaker 3 (12:57):
Generally the rule of thumb that we work on as
three months is likely considered a reasonable period, but in
some cases six months has been found to be reasonable,
and even twelve months. Right, But you're right, six months
is getting up there, and there needs to be particular
reasons why it's such a long period.
Speaker 2 (13:18):
Yeah, very good.
Speaker 4 (13:20):
Gareth Ibnow is an employment, workplace and information expert and
director of Abnormore Employment Law. I wait one hundred eighty
ten eighty if you've got a question for him, Richie,
you've got a question about benefits for union members.
Speaker 5 (13:34):
Yeah, well, I'm not an union member, but I wanted
to know if you're working in a workplace with an
union in it and they say it's up to you
whether you want to join or not, and they when
you don't join, and they make rules or stuff for
you not to get such of money if it'd a
(13:54):
former bully.
Speaker 3 (13:57):
Yeah, it's it's quite unlikely that that would be considered bullying.
There are special rules that prevent benefits that the union
has negotiated from being passed on to non union members
because otherwise why would anyone join the union. And that
(14:18):
situation may be perfectly acceptable. You know, of course, you
have the ability to try and negotiate better terms with
your employer if you're not a union member.
Speaker 2 (14:32):
Hopefully that helps, Richie.
Speaker 5 (14:35):
Yeah, but we're stuff like equal pay for people. How
can it be equal pay if you're not in an union.
Speaker 3 (14:45):
Yeah, that's a that's a complicated question and not something
that I can answer over the radio.
Speaker 2 (14:51):
Yeah, Richie, all the best, mates. Oh, one hundred and
eighty ten eighty is the number to call if you've
got a question for Gareth. He is an employment, work
place and information expert and is taking your calls.
Speaker 7 (15:00):
Kevin met and Tyler he Ga, mate.
Speaker 2 (15:03):
We've got Gareth here standing by as well.
Speaker 7 (15:05):
Yep, I'm on the I'm I'm on the I'm on
the one minute pressure point. So, yep, how are you goin.
Speaker 3 (15:09):
Garrett, I'm good, I'm good. How can I help?
Speaker 5 (15:11):
Hey?
Speaker 7 (15:12):
So, I've got a scenario. So I've been farming on
this farm here for three years now, and the farm
had sold in November last year. Through the time of here,
I've occurred a lot of annual leave, and as of Christmas,
I was owried about fifty one days of legoing. Now,
so I'm getting to a point where I'm on my
last day tomorrow because I'm seeing the rest of May
out with annual, but I'm still coming out with about
(15:33):
twenty five days of annual now because I'm on over
seventy K bracket of tax, is there going to be
a secondary tax or just normal tax on that annual
leave to be paid out?
Speaker 6 (15:45):
Yeah.
Speaker 3 (15:46):
My understanding is that when you owe that amount and
you're on that tax bracket, you're likely going to take
a big hit in tax payment on that payment, but
when it comes time to do your annual return, you're
likely to get some of that back. I want to
(16:06):
make it very clear though that I'm I'm not an
accountant and I'm not a tax expert, but usually when
you get those big final pay payouts, you do end
up paying more tax than you otherwise would, but you
can get it back later.
Speaker 5 (16:19):
Yeah.
Speaker 2 (16:20):
Brilliant Kevin, all the best and Gareth, thank you very much.
As always, another brilliant session and some fascinating questions. So
we will get you back in about a month's time.
Speaker 3 (16:29):
Fantastic, Thanks guys.
Speaker 2 (16:31):
That is Gareth Abdenor. He is an employment, workplace and
Information expert, Director of Abdenor Employment Law. You can check
out his website Abdenorlaw dot Nz. And just a reminder,
the content of the segment is general in nature and
is not legal advice. Any information discussed here is not
intended to be a substitute for obtaining specific professional advice
and shouldn't be relied upon as such.
Speaker 1 (16:54):
For more from News Talks B listen live on air
or online, and keep our shows with you wherever you
go with our podcasts on iHeartRadio
You're listening to a podcast from News Talk sed be
follow this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaor is an employment workplace information expert and director
of Abdenaor Employment Law. He joins us once a month
on Ask the Expert to answer your questions. If you've
got a problem in your workplace, or you're the boss
and you've got some issues with your employees, here is
the man to chat to. Gareth. Hello to you, been
a long time.
Speaker 3 (00:35):
Good day guys, It's great to be back.
Speaker 4 (00:38):
Oh one hundred and eighty ten eighty. If you've got
a question for Gareth, let's start with a text here.
I've been told I cannot smoke outside my workplace. It's
my lunch break. How can they tell me where and
where not to smoke? I get not smoking in the
bathroom and office, but outside? How much control do they
have on me?
Speaker 3 (00:57):
Wow, that's a tricky one. And it's been a long
time since I've been asked a question about smoking. I
thought everybody faked these days.
Speaker 5 (01:04):
Yeah.
Speaker 3 (01:06):
The the anti smoking legislation sets out the requirements and powers. However,
there is also the ability for employers to give a
reasonable instruction. Now, one thing that occurs to me is
it's really not a great lock for the company or
the business to have the staff standing on the footpath
(01:28):
directly outside smoking, especially if they're blowing that secondhand smoke
into customers' faces. So it will really come down to
what the business is and exactly where this person is standing.
But maybe they should try and kick the eggs.
Speaker 2 (01:46):
Yeah, good advice.
Speaker 4 (01:47):
So does your workplace own you on your because you're
not often for lunch breaks? You get half now, but
that's a period of time where you're not getting paid.
So do they own your behavior during that half hour?
Speaker 3 (02:01):
If you know what I'm saying, Yeah, yeah, totally. And
I guess it depends if you can be identified as
a staff member. If you if you go across the
road to the food court and you're still wearing your
uniform and you kick up a ruckers throwing a you're
going to be you're going to be in trouble. Yeah.
(02:22):
But if you're if you're dressed dressed and mufty and
no one knows where you work, and it's far more
difficult for an employer to to be able to control you.
Speaker 2 (02:33):
Do they have to provide a space for smokers or vapors.
Is that part of legislation or that's just out of
the goodness of their heart. If they're a good worker,
they'll provide you a space. You can do that in
your break.
Speaker 3 (02:43):
That is such a good question, Tyler. You know, it's
been so long since someone's asked me about smoking. I
do vaguely recall that a lot of businesses when this
first came in, had designated smoking spaces, but gosh, I
didn't even know that was really a thing anymore.
Speaker 2 (03:01):
You have to be money bags to smoke these days, and.
Speaker 3 (03:04):
Might take out a mortgage to the pack.
Speaker 4 (03:06):
And my previous job, we see it up a bit
of some smoking bait. We put up a fake sign
in front of on a window saying smoking area, just
to see if there were any smokers take the bait. Yeah,
it was like the moths to a flame. There suddenly
three or four smokers within a half an hour. Hey, Gareth, Hi, Gareth.
I have an employee who has requested a meeting regarding
(03:29):
two letters of concern which have been issued to them
in the last month. They've requested to bring to support
people with them. Is this normal to have two or
can I request they just bring one. I will only
have one support person with me myself.
Speaker 3 (03:43):
I've never been asked that question before. I don't know
why you would want to bring two support people when
if I was the employer in that case, I'd be
I'd be asking why and who these people are. There's
a lot of confusion out there between the difference. You know,
a support person is not a representative, and sometimes people
(04:07):
get confused on them. And so, yes, of course you
can bring a support person to a formal meeting, But
this sounds like they just want to have a chat. Well,
why do they need a support person? And who are
these support people? You know, I can see situations where
if you bring your work colleagues along that could really
(04:27):
create some issues. So yeah, when in doubt.
Speaker 4 (04:31):
Ask yes, so requested a meeting regarding two letters of
concern which had been issued to them. Yeah, so it's
a they are summoning the meeting, They're organizing the meeting
and then bringing to support people.
Speaker 2 (04:42):
Really weird, isn't it spread as part of the meeting
and they just bring in some mates along the feet.
Speaker 4 (04:48):
It sounds it sounds a little bit like intimidation. Welcome
to the show. Sandra, you've got a question for Gareth.
Speaker 6 (04:58):
Yes, I do five. It's kind of two Christians. I
was on sickly maybe three weeks ago, and I messaged
into my boss that was fine, But later in the
day she sends me a long text message asking me
if I can work extra hours going forward permanently. And
it's felt a bit like harassment because there were probably
(05:19):
three ticks that day about several different things. And now
I'm on acc leave and whilst I've only been on
it for a week that she has messaged me through
outlook my performance review and that that's upcoming and to
look at the documents regarding that, And I'm like, can
I just be left alone to be on leave or
(05:40):
do I have to respond to all of these requests?
What is spare?
Speaker 3 (05:46):
Yeah? And you know, when you're unwell, you want to
be focusing on your recovery, not work stuff. While it's
not prohibited for an employer to contact an employee while
they're on sick leave, they need to act reasonably and
it certainly doesn't sound like these things are urgent and
(06:08):
couldn't wait. There's nothing wrong with you asking your employer
to wait until you are fitting back. To work, but
as always, I highly recommend that you do that in
a polite and professional way. If they don't listen to that,
then they may be giving you grounds for a grievance.
Speaker 6 (06:32):
Yes, that's fair enough. I just haven't responded to the
emails about for much reviewers that it's like, well, I'm
not even a footage. But when you're on sick leave
and you're still getting pets, which happens quite regularly I
am on sick labor, I'll still get texts from the manager,
and I just think it's a little bit of a
boundary violation.
Speaker 7 (06:51):
Really.
Speaker 6 (06:52):
It seems about strange.
Speaker 3 (06:53):
Yeah, And unfortunately, in this day and age, you know,
people are kind of expected to be available all of
the time, and that's not strictly legal. It would be
very difficult for your employer to take action against you
if you just ignored those messages unless it was something
urgent and really warranted and immediate response. I would certainly
(07:16):
advise an employer that it's not likely to be appropriate
to start renegotiating hours and things like that while someone's
on sick leave unless there's a really urgent reason. But
you know, people often forget good faith there's a mutual obligation,
and you know, if you're not happy about this, raise
(07:36):
it in a constructive way and see how they respond.
Speaker 8 (07:41):
Okay, thank you.
Speaker 2 (07:42):
Or the best Sandra. Hopefully that works out for you.
I mean, that is an interesting scenario. Text here, Gareth.
It says, Hi, I have an employee who's been on
ACC for over eight months. Now, can we simply let
them go with no repercussions?
Speaker 3 (07:59):
Anonymous No, I'm pretty straightforward answer there. Certainly, after someone's
been away from work or AC you see, for eight months,
I would definitely be engaging with them, starting a formal
consultation process. But you can't just let them go. That
would be very high risk and almost inevitably lead to acclaim.
(08:23):
But it would be very reasonable to start consulting with
them over when they're likely there's going to be any
restrictions on them when they come back. Often employers leave
it far too long. One fish hook to keep in
mind for employers is that while someone's away on ACC,
they continue to accrue holiday pay entitlements. So the longer
(08:46):
you leave it, if they do end up going, you're
you're going to have to pay them more. So get
onto it. Consult with them and get the information you
need to make a decision.
Speaker 2 (08:57):
Very good. Eight hundred eighty ten eighty is the number
to call if you've got a question. For Garethe's brilliant.
He is the man you need to chat to and
you can do so, but you've got to be fast.
So eight hundred eighty ten eighty is the number two.
Speaker 4 (09:08):
There's some confusion about the ACC question. Before I thought
if you had someone this texasays. I thought, if you
had someone on ACC and that position was vital to
your business, then you could make them redundant after consulting them.
Speaker 3 (09:23):
Yeah, and the key part there matter is you have
to consult with them. You can't just you can't just
make someone redundant. And even if they're not a vital
part of your business, if you consult with them, and
it's not reasonable to keep that position open, especially in
situations where it's not clear if they are actually going
(09:44):
to be fit to return to work, then you might
be able to terminate due to medical incapacity or medical retirement.
So the texture is correct, but you have to go
through that consultation process.
Speaker 4 (09:59):
Hi, Gareth, there's a perception amongst my team that every
twelve months almost to today, they're entitled to a pay review.
Is this just a perception or is this an actual
legal obligation? Thanks very much, Mike.
Speaker 3 (10:09):
It really depends on what's in the employment agreement. Traditionally
there was a clause that said every twelve months where
will give you a performance review and a pay review.
That's becoming a lot less common and certainly it's not
something I would recommend because you don't want to be
held to that cycle. It is good to have regular reviews,
(10:31):
but no, there's no requirement to give someone an annual
pay review unless it's in the employment agreement.
Speaker 2 (10:40):
Very good, Mark.
Speaker 4 (10:40):
You have a contract question for Gareth.
Speaker 8 (10:44):
Yeah, I just found out that if I resigned that
I have to I cannot work for a similar type
of company for six months. They are really out of
it for a.
Speaker 3 (10:57):
Yeah, it really depends on what your job is and
the industry. That's a restraint of trade provision. Now for
that to be enforceable, it needs to be reasonable, and
that comes down to the particular circumstances of your case.
If you work in an industry where you have a
(11:17):
lot of contact with suppliers and customers and you competing
within that six month period would be considered unfair competition.
Then you may be stuck with that certainly something that
would be worth taking advice on, though, because you don't
want to be twiddling your thumbs for six months, that's
(11:38):
for sure.
Speaker 8 (11:41):
I can sol like different because there's only certain few
companies that do what I do, so I just want
to there around it.
Speaker 3 (11:53):
Well, you know, depending on the advice you get and
your particular circumstances, it might not even be enforceable. Alternatively,
you might be able to negotiate something with your employer.
I've dealt with situations where people have agreed that they
won't go after certain clients or they won't unfairly compete.
(12:14):
In situations like that, you may be able to come
up with another arrangement. But the first step is you
should get advice and find out if that restraint is
actually enforceable or not, because if it's not, then you
might be worrying about something that's not even a problem.
Speaker 8 (12:30):
So how do I find out throughout?
Speaker 3 (12:34):
Yep? If you you could just contact the Law Society
and find someone who is an employment specialist and they'll
be able to help you.
Speaker 2 (12:45):
Good luck with that mark six months here, Gareth, for
a restraint of trade seems quite high at the upper limit.
Can it be more than six months? Or is that
enshrined in legislation?
Speaker 3 (12:57):
Generally the rule of thumb that we work on as
three months is likely considered a reasonable period, but in
some cases six months has been found to be reasonable,
and even twelve months. Right, But you're right, six months
is getting up there, and there needs to be particular
reasons why it's such a long period.
Speaker 2 (13:18):
Yeah, very good.
Speaker 4 (13:20):
Gareth Ibnow is an employment, workplace and information expert and
director of Abnormore Employment Law. I wait one hundred eighty
ten eighty if you've got a question for him, Richie,
you've got a question about benefits for union members.
Speaker 5 (13:34):
Yeah, well, I'm not an union member, but I wanted
to know if you're working in a workplace with an
union in it and they say it's up to you
whether you want to join or not, and they when
you don't join, and they make rules or stuff for
you not to get such of money if it'd a
(13:54):
former bully.
Speaker 3 (13:57):
Yeah, it's it's quite unlikely that that would be considered bullying.
There are special rules that prevent benefits that the union
has negotiated from being passed on to non union members
because otherwise why would anyone join the union. And that
(14:18):
situation may be perfectly acceptable. You know, of course, you
have the ability to try and negotiate better terms with
your employer if you're not a union member.
Speaker 2 (14:32):
Hopefully that helps, Richie.
Speaker 5 (14:35):
Yeah, but we're stuff like equal pay for people. How
can it be equal pay if you're not in an union.
Speaker 3 (14:45):
Yeah, that's a that's a complicated question and not something
that I can answer over the radio.
Speaker 2 (14:51):
Yeah, Richie, all the best, mates. Oh, one hundred and
eighty ten eighty is the number to call if you've
got a question for Gareth. He is an employment, work
place and information expert and is taking your calls.
Speaker 7 (15:00):
Kevin met and Tyler he Ga, mate.
Speaker 2 (15:03):
We've got Gareth here standing by as well.
Speaker 7 (15:05):
Yep, I'm on the I'm I'm on the I'm on
the one minute pressure point. So, yep, how are you goin.
Speaker 3 (15:09):
Garrett, I'm good, I'm good. How can I help?
Speaker 5 (15:11):
Hey?
Speaker 7 (15:12):
So, I've got a scenario. So I've been farming on
this farm here for three years now, and the farm
had sold in November last year. Through the time of here,
I've occurred a lot of annual leave, and as of Christmas,
I was owried about fifty one days of legoing. Now,
so I'm getting to a point where I'm on my
last day tomorrow because I'm seeing the rest of May
out with annual, but I'm still coming out with about
(15:33):
twenty five days of annual now because I'm on over
seventy K bracket of tax, is there going to be
a secondary tax or just normal tax on that annual
leave to be paid out?
Speaker 6 (15:45):
Yeah.
Speaker 3 (15:46):
My understanding is that when you owe that amount and
you're on that tax bracket, you're likely going to take
a big hit in tax payment on that payment, but
when it comes time to do your annual return, you're
likely to get some of that back. I want to
(16:06):
make it very clear though that I'm I'm not an
accountant and I'm not a tax expert, but usually when
you get those big final pay payouts, you do end
up paying more tax than you otherwise would, but you
can get it back later.
Speaker 5 (16:19):
Yeah.
Speaker 2 (16:20):
Brilliant Kevin, all the best and Gareth, thank you very much.
As always, another brilliant session and some fascinating questions. So
we will get you back in about a month's time.
Speaker 3 (16:29):
Fantastic, Thanks guys.
Speaker 2 (16:31):
That is Gareth Abdenor. He is an employment, workplace and
Information expert, Director of Abdenor Employment Law. You can check
out his website Abdenorlaw dot Nz. And just a reminder,
the content of the segment is general in nature and
is not legal advice. Any information discussed here is not
intended to be a substitute for obtaining specific professional advice
and shouldn't be relied upon as such.
Speaker 1 (16:54):
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or online, and keep our shows with you wherever you
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