May 28, 2025 • 18 mins
This week on Ask The Expert, Gareth Abdinor from Abdinor Employment Law joined the Afternoons team to unpack workplace-based questions.
LISTEN ABOVE
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:09):
You're listening to a podcast from News Talks'd be follow
this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
We are joined as part of our US the Experts
series once again by Gareth Abdenor. He's an employment workplace
in information expert and director of Abdenor Employment Law. Gareth,
Good afternoon.
Speaker 3 (00:28):
Good afternoon, guys. I've had my coffee and I'm ready
to go.
Speaker 4 (00:31):
Wow, how many today I could?
Speaker 3 (00:34):
I couldn't disclose that on here. I think it's too many.
Speaker 5 (00:39):
Yeah, that's at least eight or nine.
Speaker 6 (00:42):
Help protect you from dementia according to about forty texts that.
Speaker 5 (00:45):
It comes through.
Speaker 4 (00:46):
So that's good.
Speaker 3 (00:47):
Great, really slightly shaking, that's the way.
Speaker 5 (00:50):
Great to have you on as always, Gareth.
Speaker 2 (00:51):
Right, if you've got a question for Gareth, now is
your opportunity Oh eight hundred and eighty ten eighty or
nine two nine two straight away. We've already got a
question from Christian.
Speaker 5 (01:01):
Get a Christian?
Speaker 7 (01:03):
Hey, go hore you going very good.
Speaker 5 (01:04):
Gareth is standing by.
Speaker 7 (01:07):
Hey guys, that's just a quick one.
Speaker 2 (01:13):
Oh Christian, you're just breaking up a little bit. Oh
I think if yeah, so we might come back to Christian.
We're just going to put them by.
Speaker 6 (01:22):
And get them back and I'll put a text message
to you first. Hey, Gareth, recently my employer changed my
work starting an end time to first job start to
last job finish. Past few years, we were getting paid
from home to return home. Can employer change these things suddenly?
My contract doesn't have any details regarding this.
Speaker 4 (01:40):
Could you help?
Speaker 3 (01:42):
Oh man, that's a that's a good one.
Speaker 4 (01:45):
No.
Speaker 3 (01:45):
The general rule is that an employer can't just change
your terms of employment. And in fact, there's an even
bigger issue here. If the employment agreement doesn't have those details,
the employer is definitely on the back foot. Generally, what
happens is the employer has to consult with the employee
and if they don't get agreement to the change, then
(02:07):
they might look at a restructure.
Speaker 6 (02:10):
So do some people get paid from when they leave
to home to home? So some people get paid for
their commute?
Speaker 3 (02:18):
Yeah, it's pretty unusual. What often happens in say the
construction industry, is where you start getting paid from your
employer's main place of work and then they pay you
for travel to site. Right, that's not always the case.
Speaker 2 (02:34):
You're going to renegotiate your contract, Yeah, you miss it
out on that they're ten minutes that takes work each morning.
Speaker 6 (02:39):
There's eleven and a half minutes from my works here
that I need to get paid for it.
Speaker 2 (02:45):
There's another text question for you here, Garrett, that says, Hi,
I have a friend who works on a farm. I
am a farmer myself slash employer. This young girl is
on a salary and basically working every day, with days
off only at the employer discretion maybe once in a
two week period. She's absolutely burnt out and is soldiering on. However,
when she has time off they make who use it
(03:06):
as annual leave?
Speaker 5 (03:07):
Is that legal?
Speaker 3 (03:10):
It definitely sounds fishy to me. A lot of red
flags in that. You cat you can't be required to
work every day of the week every week. Sometimes there
are arrangements where you know, people work an extended number
of days in a fortnight, but a lot of red
flags there. I think that person should get some legal
(03:33):
advice because it sounds like A but most probably at
risk of health and safety. You can't keep working like that,
especially with heavy machinery and stuff like that on a farm,
and B doesn't sound right to me. I think she's
most probably got a claim.
Speaker 5 (03:50):
Yeah, very right.
Speaker 6 (03:51):
Well, I think we've got Christian back, and I think
his line is all sorted. I do you want to
start from the top with your Christian for Gareth Christian?
Speaker 2 (03:59):
Hey, guys, get a You're on with Gareth Christians, So
you go for it.
Speaker 7 (04:03):
Hey, Gareth, just a quick question. I had an employee
recently resigned, but out of good faith. He was doing
an electrical apprenticeship and we were not obliged to give
him two weeks off what we did to do a
blog course, and I paid him those two weeks as
(04:23):
in good faith, but in the bonded letter saying that
if you left it in twelve months of having done
that course and after you've written the exam, if you
leave it in twelve months, you will have to pay
the money that the money that we paid you those
two weeks, you'd have to pay it back. So the
(04:44):
question coming back from that is is that that's exactly
how it stated in the bonded form. But the ex
employee is now asking, well, you know I've worked X
amount of time after I've signed that bonded form, does
that get taken off? And Mike we you're the first
person I'm asking with this question has just come to
(05:06):
me or we are obliged? Is he obliged to have
some of that money taken off or does he pay
the full amount back as in stated on the bonded form.
Speaker 3 (05:15):
Yeah, this is an issue that comes up quite often
Christian and it really depends on what the court is
likely to consider reasonable. If this person has been working
for the business for a year, after the after the
training course, after you paid for those two weeks wages,
I think there's potentially an argument that they should only
(05:37):
have to pay back part of their amount, not the
full amount. What we often see is that there's a
graduated agreement, so if they leave within three months, they
pay back the full amount, If they leave within six months,
they pay back three quarters, and so on and so on.
That's said, if he signed an agreement that said he'd
(05:59):
pay back the full amount if he left within twelve months,
well that's the starting point, and it sounds like perhaps
you want to have a conversation see if you can
negotiate something that both of you can agree on. Of course,
if you don't and you require them to pay back
the full amount, you might get bogged down in a
(06:20):
court case and that's unlikely to be worth it for
either party.
Speaker 2 (06:25):
All the best, Yeah, all the best with their Christian
That sounds like a tough situation. But what you said there, Gareth,
it certainly sounds fair that with the bonding system, that
if it is calculated on the length of time that
you've been with that organization, that sounds like a fair
approach and that's what the court's determined, right.
Speaker 3 (06:41):
Yeah, that's right. And you know, I often smile at
this where employees agree to things and they think it's
fair at the time, and then when they leave and
it actually comes time to live up to their end
of the bargain, suddenly they think it's unfair. It's not
always the case, but yeah, it's surprising how often people
(07:02):
have regrets.
Speaker 4 (07:02):
Happens in relationships as well.
Speaker 5 (07:05):
I'm not going there.
Speaker 6 (07:07):
Eight hundred eight ten eighty. Have you got an employment
related issue? We've got Gareth from addenal Raw on the
line waiting to answer your questions.
Speaker 2 (07:17):
Yep, there's a trackload of text questions that have come
through Gareth.
Speaker 5 (07:21):
One here. Hi.
Speaker 2 (07:23):
My friend wants to plan an international holiday to Scotland
next May twenty twenty six, and her company is telling
her they can't approve any leave for her until two
weeks prior to wanting to go on holiday. What is
your thoughts on that?
Speaker 3 (07:37):
That seems pretty unreasonable to me, especially if she explains
why she wants to get that leave locked in. I
think what people often forget is there's this mutual obligation
of good faith and that requires both parties to be
fair and reasonable. Saying that you can't book an overseas
(08:00):
trip until two weeks before that seems ridiculous to me.
Speaker 5 (08:03):
Yep, very good.
Speaker 4 (08:05):
Jimmy, you've got a question for Gareth.
Speaker 8 (08:08):
Yes, this I do. So I got to first trimmer.
It's now been ten months.
Speaker 2 (08:20):
Now, Jimmy, I've got it written here, but we'll just
confirmed because we're having some problems with phones today. But
you got told you get a pay review after three months.
Speaker 5 (08:28):
Carry on, Yes, and.
Speaker 8 (08:32):
Currently still haven't had a pay review and it's been months.
Speaker 5 (08:39):
All right. I think we've lost Jimmy again, but so.
Speaker 3 (08:41):
Yeah, I can I can pick that up Man and Tyler.
I think in a situation like that, sometimes employers forget
when they've said they'll do a pay review, and if
that happens, try and engage with them. Try and get
them to follow through. They may have just forgotten. If
(09:03):
you're having difficulty get it in writing, send a text message,
send an email saying, hey, you said you would do this,
it hasn't happened. Could we please do it now. If
they still don't do it, then arguably they breach in
good faith and they're also breaching a term of the agreement.
Speaker 5 (09:22):
Yep, very good.
Speaker 2 (09:23):
Hopefully that helps. Jimmy, Oh, eight hundred and eighty ten
eighty is the number to call.
Speaker 4 (09:27):
Got the six here, that's take. Here's interesting.
Speaker 6 (09:29):
An employee with a medical marijuana prescription operating machinery. I'm
told as long as they take it eight hours before work,
they are fine.
Speaker 4 (09:37):
Is this correct?
Speaker 3 (09:38):
Wow, the good old medical marijuana prescription.
Speaker 5 (09:42):
It's no different.
Speaker 4 (09:44):
It's no different from the illegal stuff.
Speaker 3 (09:47):
I feel I've got a headache coming on. I better
get my prescription.
Speaker 7 (09:52):
Yeah.
Speaker 3 (09:52):
This is an incredibly tricky one and it hasn't really
been tested to the degree that I'd be comfortable with
in the courts yet. I think what people off and
overlock is at depends on how much THC people take.
(10:13):
How you measure that. Of course, our marijuana industry, medical
marijuana industry is a lot less sophisticated than it is overseas.
I wouldn't be comfortable with one of my employees operating
heavy machinery after they've after they've taken marijuana. How do
(10:34):
you know that they're still going to be okay? And
what happens if there's an accident. I'm sure it works
afe are going to be very interested in this. So
this is a very tricky situation. It's not one with
an easy, straightforward, black and white answer.
Speaker 6 (10:51):
Because doesn't really make any difference. Say, for example, I mean,
for a long time I had back pain and I
was on tramadol, which ye, so you know I wouldn't
have in that state been considered myself capable of.
Speaker 2 (11:03):
There's a lot of anti presence that would cause people
you know, you shouldn't be driving those medications.
Speaker 4 (11:09):
I think.
Speaker 3 (11:12):
A lot of the same issues. The difficulty, of course,
is do these people know how much marijuana they are taking,
how strong it is, what the effect is going to be.
Can the doctor actually confirm that it will be completely
out of their system in that timeframe. I'm not a doctor,
(11:32):
so I can't give that view. But I think this
is a very tricky situation. Especially where they're operating heavy machinery.
The obligation on the employer under the health and safety
legislation is they have to take all practicable steps to
ensure that there is no threat to health and safety
in the workplace, both for this worker and for everybody
(11:54):
else that might might be coming to that workplace.
Speaker 4 (11:58):
Well, there we go. What's sweet, Airs, when you're operating
a microphone? Graham? For Gareth, yeah good.
Speaker 7 (12:05):
Any guys relevantly pay as opposed to or when calculating,
and you'll leave. That's been done to incorporate all bonuses
and commissions pay throughout the year. The employee thens and
expects the bonuses and missions paid on an annual basis
(12:28):
to be included in sick and Bereevemently, my understanding is
that it's relevant daily pay, which should be just what
they would have earned on the day. The other side
of things is he's expecting average daily pay for second Bereavemently,
what's your thoughts, Keren Oh Graham?
Speaker 3 (12:44):
Has someone put you up to this? Holidays Act questions?
This is kind of like a train's leaving Chicago. Unfortunately,
this is not something I can answer over the air, Graham.
It's something where you've actually got to sit down with
the definitions in the act and work it through. It's
(13:06):
a tricky one, but I think if you sit down
with the company account and tool who does your payroll,
they'll be able to work you through it.
Speaker 7 (13:16):
Yes, thanks, Gareth.
Speaker 2 (13:22):
Rule no holidays A questions Yep, yeah, absolutely, we know
you love those ones, Gareth. Question here have I text? Hi, Gareth,
my eighteen year old daughter is working in a cafe.
They are paying her on random days, which makes it
hard to keep track of.
Speaker 5 (13:37):
Is that legal or should there be a set payday?
Speaker 3 (13:42):
Well? I guess let's let's look at the positive here.
It sounds like they are paying her. But no, that's
that's pretty unusual to be paying someone on random days,
and that is one of the things that should be
covered in an employment agreement. I guess my first question
is does this person have an employment agreement? And if not,
they should ask for one, And certainly I think it
(14:04):
would be reasonable to ask for a regular payday. It's
almost unheard of just to be paying someone on random days.
Speaker 5 (14:16):
Yeah, very good this one here.
Speaker 2 (14:20):
This might be an unfair question, Gareth, But it's a
doozy Gareth. Why personal grievance is.
Speaker 5 (14:25):
So one sided.
Speaker 2 (14:25):
I recently came through one and had nothing found on me,
but was financially bullied and I had to settle. The
personal grievance system seems one sided to me.
Speaker 3 (14:37):
Yeah, well, I guess that's a political question rather than
a legal question. There are a lot of employers out
there that do believe the system is one sided, and
I can certainly understand where they're coming from. We do
have a system where often it makes more commercial sense
to settle a grievance pay a small amount of money
(15:00):
rather than go through the system, be successful and still
be out of pocket. Yeah, so I definitely here with
persons coming from this. Contact your local MP.
Speaker 5 (15:10):
YEP, very good.
Speaker 2 (15:11):
Right, We're going to play some messages, but when we
come back we'll take more of your calls. On oh,
eight hundred and eighty ten eighty, we're joined by Gareth
Abdenor Employment, workplace and information expert and director of Abdenaor
Employment Laurie Steve.
Speaker 5 (15:23):
Good afternoon, you're on with Gareth.
Speaker 8 (15:26):
Hey, Gareth and the guys. I have a boss, so
I work at a concrete fect you, which is pretty
hard at work, and I'm actually a deep seat fisherman
by trade. So I can handle that work. But what
I can't handle is if other workers, young guys, slack
off and I've got to carry it in. That's not fair.
(15:49):
So when I say to my boss about it, he
just swears at me and tells me to do my
affent job, you know. And then when I do catch
up on all the orders for the landscapers and that
I have a little bit of free time. So he goes, oh,
come with me because I'm building a house and you
need to help me put the trusses on the house.
And it's like, well, hang on, I'm a concrete worker.
(16:11):
I'm not a builder, so can he legally do that?
Because I thought it was changing job description when you
you know.
Speaker 3 (16:21):
Yeah, that's certainly doesn't sound like a great situation where
you're picking up all the slack and your and you're
getting to help hold your employee's house.
Speaker 8 (16:30):
Just to give you an idea how hard it is,
I challenge sich gies from burn A Mami camps to
come out and challenge me. By lunchtime, they put their
gear down and they sit mass stuff us as slave labor.
Speaker 5 (16:45):
That way out step, Yeah, that.
Speaker 8 (16:48):
Was to prove point to my boss. I can handle
the work, but I can't handle the abuse.
Speaker 5 (16:53):
Fair Steve, Sorry you pick.
Speaker 3 (16:55):
Up no problem at all, Hey, Steve, you know it
sounds like you're doing a really good job. It's up
to your manager to deal with your colleagues if if
they're not putting in the yards. You could potentially have
a claim if you feel like you're being discriminated against
(17:15):
or treated unfairly, and certainly if you get verbally abused
for raising concerns, that is something that you can legitimately
ask your employer to stop doing. And if he continues,
you've got to you've got to claim against him. The
fact that he's getting you to help with the house
that he's building. That really depends if that is potentially
(17:37):
covered in your job description and it's seen as reasonable,
that could be something that he could ask you to
help with, but it is pretty unusual.
Speaker 2 (17:49):
Yeah, Steve, all the best with that, mate, and Gareth,
thank you very much. As always, we've got a truckloaded text.
We'll get to next time and we'll weed out the
holiday act ones for your mates. Thank you once a
good man. We will catch you in a month's time.
That is Gareth abdenor Employment will play an information expert.
You can check him out at Abdenorlord dot Nz is brilliant.
Speaker 1 (18:12):
For more from Newstalk st 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 Talks'd be follow
this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
We are joined as part of our US the Experts
series once again by Gareth Abdenor. He's an employment workplace
in information expert and director of Abdenor Employment Law. Gareth,
Good afternoon.
Speaker 3 (00:28):
Good afternoon, guys. I've had my coffee and I'm ready
to go.
Speaker 4 (00:31):
Wow, how many today I could?
Speaker 3 (00:34):
I couldn't disclose that on here. I think it's too many.
Speaker 5 (00:39):
Yeah, that's at least eight or nine.
Speaker 6 (00:42):
Help protect you from dementia according to about forty texts that.
Speaker 5 (00:45):
It comes through.
Speaker 4 (00:46):
So that's good.
Speaker 3 (00:47):
Great, really slightly shaking, that's the way.
Speaker 5 (00:50):
Great to have you on as always, Gareth.
Speaker 2 (00:51):
Right, if you've got a question for Gareth, now is
your opportunity Oh eight hundred and eighty ten eighty or
nine two nine two straight away. We've already got a
question from Christian.
Speaker 5 (01:01):
Get a Christian?
Speaker 7 (01:03):
Hey, go hore you going very good.
Speaker 5 (01:04):
Gareth is standing by.
Speaker 7 (01:07):
Hey guys, that's just a quick one.
Speaker 2 (01:13):
Oh Christian, you're just breaking up a little bit. Oh
I think if yeah, so we might come back to Christian.
We're just going to put them by.
Speaker 6 (01:22):
And get them back and I'll put a text message
to you first. Hey, Gareth, recently my employer changed my
work starting an end time to first job start to
last job finish. Past few years, we were getting paid
from home to return home. Can employer change these things suddenly?
My contract doesn't have any details regarding this.
Speaker 4 (01:40):
Could you help?
Speaker 3 (01:42):
Oh man, that's a that's a good one.
Speaker 4 (01:45):
No.
Speaker 3 (01:45):
The general rule is that an employer can't just change
your terms of employment. And in fact, there's an even
bigger issue here. If the employment agreement doesn't have those details,
the employer is definitely on the back foot. Generally, what
happens is the employer has to consult with the employee
and if they don't get agreement to the change, then
(02:07):
they might look at a restructure.
Speaker 6 (02:10):
So do some people get paid from when they leave
to home to home? So some people get paid for
their commute?
Speaker 3 (02:18):
Yeah, it's pretty unusual. What often happens in say the
construction industry, is where you start getting paid from your
employer's main place of work and then they pay you
for travel to site. Right, that's not always the case.
Speaker 2 (02:34):
You're going to renegotiate your contract, Yeah, you miss it
out on that they're ten minutes that takes work each morning.
Speaker 6 (02:39):
There's eleven and a half minutes from my works here
that I need to get paid for it.
Speaker 2 (02:45):
There's another text question for you here, Garrett, that says, Hi,
I have a friend who works on a farm. I
am a farmer myself slash employer. This young girl is
on a salary and basically working every day, with days
off only at the employer discretion maybe once in a
two week period. She's absolutely burnt out and is soldiering on. However,
when she has time off they make who use it
(03:06):
as annual leave?
Speaker 5 (03:07):
Is that legal?
Speaker 3 (03:10):
It definitely sounds fishy to me. A lot of red
flags in that. You cat you can't be required to
work every day of the week every week. Sometimes there
are arrangements where you know, people work an extended number
of days in a fortnight, but a lot of red
flags there. I think that person should get some legal
(03:33):
advice because it sounds like A but most probably at
risk of health and safety. You can't keep working like that,
especially with heavy machinery and stuff like that on a farm,
and B doesn't sound right to me. I think she's
most probably got a claim.
Speaker 5 (03:50):
Yeah, very right.
Speaker 6 (03:51):
Well, I think we've got Christian back, and I think
his line is all sorted. I do you want to
start from the top with your Christian for Gareth Christian?
Speaker 2 (03:59):
Hey, guys, get a You're on with Gareth Christians, So
you go for it.
Speaker 7 (04:03):
Hey, Gareth, just a quick question. I had an employee
recently resigned, but out of good faith. He was doing
an electrical apprenticeship and we were not obliged to give
him two weeks off what we did to do a
blog course, and I paid him those two weeks as
(04:23):
in good faith, but in the bonded letter saying that
if you left it in twelve months of having done
that course and after you've written the exam, if you
leave it in twelve months, you will have to pay
the money that the money that we paid you those
two weeks, you'd have to pay it back. So the
(04:44):
question coming back from that is is that that's exactly
how it stated in the bonded form. But the ex
employee is now asking, well, you know I've worked X
amount of time after I've signed that bonded form, does
that get taken off? And Mike we you're the first
person I'm asking with this question has just come to
(05:06):
me or we are obliged? Is he obliged to have
some of that money taken off or does he pay
the full amount back as in stated on the bonded form.
Speaker 3 (05:15):
Yeah, this is an issue that comes up quite often
Christian and it really depends on what the court is
likely to consider reasonable. If this person has been working
for the business for a year, after the after the
training course, after you paid for those two weeks wages,
I think there's potentially an argument that they should only
(05:37):
have to pay back part of their amount, not the
full amount. What we often see is that there's a
graduated agreement, so if they leave within three months, they
pay back the full amount, If they leave within six months,
they pay back three quarters, and so on and so on.
That's said, if he signed an agreement that said he'd
(05:59):
pay back the full amount if he left within twelve months,
well that's the starting point, and it sounds like perhaps
you want to have a conversation see if you can
negotiate something that both of you can agree on. Of course,
if you don't and you require them to pay back
the full amount, you might get bogged down in a
(06:20):
court case and that's unlikely to be worth it for
either party.
Speaker 2 (06:25):
All the best, Yeah, all the best with their Christian
That sounds like a tough situation. But what you said there, Gareth,
it certainly sounds fair that with the bonding system, that
if it is calculated on the length of time that
you've been with that organization, that sounds like a fair
approach and that's what the court's determined, right.
Speaker 3 (06:41):
Yeah, that's right. And you know, I often smile at
this where employees agree to things and they think it's
fair at the time, and then when they leave and
it actually comes time to live up to their end
of the bargain, suddenly they think it's unfair. It's not
always the case, but yeah, it's surprising how often people
(07:02):
have regrets.
Speaker 4 (07:02):
Happens in relationships as well.
Speaker 5 (07:05):
I'm not going there.
Speaker 6 (07:07):
Eight hundred eight ten eighty. Have you got an employment
related issue? We've got Gareth from addenal Raw on the
line waiting to answer your questions.
Speaker 2 (07:17):
Yep, there's a trackload of text questions that have come
through Gareth.
Speaker 5 (07:21):
One here. Hi.
Speaker 2 (07:23):
My friend wants to plan an international holiday to Scotland
next May twenty twenty six, and her company is telling
her they can't approve any leave for her until two
weeks prior to wanting to go on holiday. What is
your thoughts on that?
Speaker 3 (07:37):
That seems pretty unreasonable to me, especially if she explains
why she wants to get that leave locked in. I
think what people often forget is there's this mutual obligation
of good faith and that requires both parties to be
fair and reasonable. Saying that you can't book an overseas
(08:00):
trip until two weeks before that seems ridiculous to me.
Speaker 5 (08:03):
Yep, very good.
Speaker 4 (08:05):
Jimmy, you've got a question for Gareth.
Speaker 8 (08:08):
Yes, this I do. So I got to first trimmer.
It's now been ten months.
Speaker 2 (08:20):
Now, Jimmy, I've got it written here, but we'll just
confirmed because we're having some problems with phones today. But
you got told you get a pay review after three months.
Speaker 5 (08:28):
Carry on, Yes, and.
Speaker 8 (08:32):
Currently still haven't had a pay review and it's been months.
Speaker 5 (08:39):
All right. I think we've lost Jimmy again, but so.
Speaker 3 (08:41):
Yeah, I can I can pick that up Man and Tyler.
I think in a situation like that, sometimes employers forget
when they've said they'll do a pay review, and if
that happens, try and engage with them. Try and get
them to follow through. They may have just forgotten. If
(09:03):
you're having difficulty get it in writing, send a text message,
send an email saying, hey, you said you would do this,
it hasn't happened. Could we please do it now. If
they still don't do it, then arguably they breach in
good faith and they're also breaching a term of the agreement.
Speaker 5 (09:22):
Yep, very good.
Speaker 2 (09:23):
Hopefully that helps. Jimmy, Oh, eight hundred and eighty ten
eighty is the number to call.
Speaker 4 (09:27):
Got the six here, that's take. Here's interesting.
Speaker 6 (09:29):
An employee with a medical marijuana prescription operating machinery. I'm
told as long as they take it eight hours before work,
they are fine.
Speaker 4 (09:37):
Is this correct?
Speaker 3 (09:38):
Wow, the good old medical marijuana prescription.
Speaker 5 (09:42):
It's no different.
Speaker 4 (09:44):
It's no different from the illegal stuff.
Speaker 3 (09:47):
I feel I've got a headache coming on. I better
get my prescription.
Speaker 7 (09:52):
Yeah.
Speaker 3 (09:52):
This is an incredibly tricky one and it hasn't really
been tested to the degree that I'd be comfortable with
in the courts yet. I think what people off and
overlock is at depends on how much THC people take.
(10:13):
How you measure that. Of course, our marijuana industry, medical
marijuana industry is a lot less sophisticated than it is overseas.
I wouldn't be comfortable with one of my employees operating
heavy machinery after they've after they've taken marijuana. How do
(10:34):
you know that they're still going to be okay? And
what happens if there's an accident. I'm sure it works
afe are going to be very interested in this. So
this is a very tricky situation. It's not one with
an easy, straightforward, black and white answer.
Speaker 6 (10:51):
Because doesn't really make any difference. Say, for example, I mean,
for a long time I had back pain and I
was on tramadol, which ye, so you know I wouldn't
have in that state been considered myself capable of.
Speaker 2 (11:03):
There's a lot of anti presence that would cause people
you know, you shouldn't be driving those medications.
Speaker 4 (11:09):
I think.
Speaker 3 (11:12):
A lot of the same issues. The difficulty, of course,
is do these people know how much marijuana they are taking,
how strong it is, what the effect is going to be.
Can the doctor actually confirm that it will be completely
out of their system in that timeframe. I'm not a doctor,
(11:32):
so I can't give that view. But I think this
is a very tricky situation. Especially where they're operating heavy machinery.
The obligation on the employer under the health and safety
legislation is they have to take all practicable steps to
ensure that there is no threat to health and safety
in the workplace, both for this worker and for everybody
(11:54):
else that might might be coming to that workplace.
Speaker 4 (11:58):
Well, there we go. What's sweet, Airs, when you're operating
a microphone? Graham? For Gareth, yeah good.
Speaker 7 (12:05):
Any guys relevantly pay as opposed to or when calculating,
and you'll leave. That's been done to incorporate all bonuses
and commissions pay throughout the year. The employee thens and
expects the bonuses and missions paid on an annual basis
(12:28):
to be included in sick and Bereevemently, my understanding is
that it's relevant daily pay, which should be just what
they would have earned on the day. The other side
of things is he's expecting average daily pay for second Bereavemently,
what's your thoughts, Keren Oh Graham?
Speaker 3 (12:44):
Has someone put you up to this? Holidays Act questions?
This is kind of like a train's leaving Chicago. Unfortunately,
this is not something I can answer over the air, Graham.
It's something where you've actually got to sit down with
the definitions in the act and work it through. It's
(13:06):
a tricky one, but I think if you sit down
with the company account and tool who does your payroll,
they'll be able to work you through it.
Speaker 7 (13:16):
Yes, thanks, Gareth.
Speaker 2 (13:22):
Rule no holidays A questions Yep, yeah, absolutely, we know
you love those ones, Gareth. Question here have I text? Hi, Gareth,
my eighteen year old daughter is working in a cafe.
They are paying her on random days, which makes it
hard to keep track of.
Speaker 5 (13:37):
Is that legal or should there be a set payday?
Speaker 3 (13:42):
Well? I guess let's let's look at the positive here.
It sounds like they are paying her. But no, that's
that's pretty unusual to be paying someone on random days,
and that is one of the things that should be
covered in an employment agreement. I guess my first question
is does this person have an employment agreement? And if not,
they should ask for one, And certainly I think it
(14:04):
would be reasonable to ask for a regular payday. It's
almost unheard of just to be paying someone on random days.
Speaker 5 (14:16):
Yeah, very good this one here.
Speaker 2 (14:20):
This might be an unfair question, Gareth, But it's a
doozy Gareth. Why personal grievance is.
Speaker 5 (14:25):
So one sided.
Speaker 2 (14:25):
I recently came through one and had nothing found on me,
but was financially bullied and I had to settle. The
personal grievance system seems one sided to me.
Speaker 3 (14:37):
Yeah, well, I guess that's a political question rather than
a legal question. There are a lot of employers out
there that do believe the system is one sided, and
I can certainly understand where they're coming from. We do
have a system where often it makes more commercial sense
to settle a grievance pay a small amount of money
(15:00):
rather than go through the system, be successful and still
be out of pocket. Yeah, so I definitely here with
persons coming from this. Contact your local MP.
Speaker 5 (15:10):
YEP, very good.
Speaker 2 (15:11):
Right, We're going to play some messages, but when we
come back we'll take more of your calls. On oh,
eight hundred and eighty ten eighty, we're joined by Gareth
Abdenor Employment, workplace and information expert and director of Abdenaor
Employment Laurie Steve.
Speaker 5 (15:23):
Good afternoon, you're on with Gareth.
Speaker 8 (15:26):
Hey, Gareth and the guys. I have a boss, so
I work at a concrete fect you, which is pretty
hard at work, and I'm actually a deep seat fisherman
by trade. So I can handle that work. But what
I can't handle is if other workers, young guys, slack
off and I've got to carry it in. That's not fair.
(15:49):
So when I say to my boss about it, he
just swears at me and tells me to do my
affent job, you know. And then when I do catch
up on all the orders for the landscapers and that
I have a little bit of free time. So he goes, oh,
come with me because I'm building a house and you
need to help me put the trusses on the house.
And it's like, well, hang on, I'm a concrete worker.
(16:11):
I'm not a builder, so can he legally do that?
Because I thought it was changing job description when you
you know.
Speaker 3 (16:21):
Yeah, that's certainly doesn't sound like a great situation where
you're picking up all the slack and your and you're
getting to help hold your employee's house.
Speaker 8 (16:30):
Just to give you an idea how hard it is,
I challenge sich gies from burn A Mami camps to
come out and challenge me. By lunchtime, they put their
gear down and they sit mass stuff us as slave labor.
Speaker 5 (16:45):
That way out step, Yeah, that.
Speaker 8 (16:48):
Was to prove point to my boss. I can handle
the work, but I can't handle the abuse.
Speaker 5 (16:53):
Fair Steve, Sorry you pick.
Speaker 3 (16:55):
Up no problem at all, Hey, Steve, you know it
sounds like you're doing a really good job. It's up
to your manager to deal with your colleagues if if
they're not putting in the yards. You could potentially have
a claim if you feel like you're being discriminated against
(17:15):
or treated unfairly, and certainly if you get verbally abused
for raising concerns, that is something that you can legitimately
ask your employer to stop doing. And if he continues,
you've got to you've got to claim against him. The
fact that he's getting you to help with the house
that he's building. That really depends if that is potentially
(17:37):
covered in your job description and it's seen as reasonable,
that could be something that he could ask you to
help with, but it is pretty unusual.
Speaker 2 (17:49):
Yeah, Steve, all the best with that, mate, and Gareth,
thank you very much. As always, we've got a truckloaded text.
We'll get to next time and we'll weed out the
holiday act ones for your mates. Thank you once a
good man. We will catch you in a month's time.
That is Gareth abdenor Employment will play an information expert.
You can check him out at Abdenorlord dot Nz is brilliant.
Speaker 1 (18:12):
For more from Newstalk st B, listen live on air
or online, and keep our shows with you wherever you
go with our podcasts on iHeartRadio
Popular Podcasts
Boysober
Have you ever wondered what life might be like if you stopped worrying about being wanted, and focused on understanding what you actually want? That was the question Hope Woodard asked herself after a string of situationships inspired her to take a break from sex and dating. She went "boysober," a personal concept that sparked a global movement among women looking to prioritize themselves over men. Now, Hope is looking to expand the ways we explore our relationship to relationships. Taking a bold, unfiltered look into modern love, romance, and self-discovery, Boysober will dive into messy stories about dating, sex, love, friendship, and breaking generational patterns—all with humor, vulnerability, and a fresh perspective.
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com