March 11, 2025 • 15 mins
Gareth Abdinor is an employment, workplace and information expert - and Director of Abdinor Employment Law.
He regularly joins Matt Heath and Tyler Adams to answer listeners' employment related questions.
Today, he unpacks the Holidays Act and alternative days - among other questions.
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Episode Transcript
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Speaker 1 (00:09):
You're listening to a podcast from news Talk. S'd be
follow this and our Wide Ranger podcast now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaugh is an employment workplace in information expert and
director of Abdenor Employment Law. He joins us once a
month on our Ask the Expert series to answer listeners questions,
and he's back with us this afternoon.
Speaker 3 (00:29):
Gareth, Hello, hey guys, how you doing very good? How
was christ you this afternoon?
Speaker 4 (00:35):
Yeah it's a bit windy and rainy, so it's a
good inside day.
Speaker 3 (00:38):
Yeah, not very nice.
Speaker 5 (00:40):
It is absolutely beautiful here, blue skies and all absolutely amazing.
Speaker 3 (00:45):
Anytime you want a holiday up here, Gareth, you just
give us a buzz.
Speaker 4 (00:48):
It's actually I don't believe it for a second.
Speaker 5 (00:50):
It's actually raining up here. And I've got my nephew
visiting from from Dunedin. And whenever one of my family
members visit from Dunedin, it's always bad weather. My dad
will come for the only frost of the year and see,
it's not so great up here.
Speaker 3 (01:02):
Is it Murphy's law?
Speaker 5 (01:03):
Then Felix is going to go back saying it rains
here every day.
Speaker 4 (01:07):
That's what happens. When to leave the main Land, Yeah, exactly.
Speaker 2 (01:10):
Now, oh one hundred and eighty ten eighty is the
number to call if you want to have a chat
to garethees brilliant and it pays to get it in
early because it's always a popular segment. If you prefer
to text more than welcome to nine two. Nine two
is the text number. And we've got plenty of great
questions coming through Gareth, but we'll just go straight to
the phones because Steven's on standby giddy.
Speaker 6 (01:30):
Stephen, Well, Hi, I tell you I just got a
question about the public holidays. You know. My understanding is
that if you're required to work on your normal roster day,
if it falls out for the holiday, you're entitled to
a time and a half day and also an alternative
day off. In conversation, my question is the definition of
(01:54):
the normal roster to day because currently I work in
a cafe and al roster changes on a weekly basis.
And then I think I just sense it because it
has happened a two or three times already this year.
My sense is that's what the box has gone, and
they're trying to purposely ross you off on a public holiday.
And then, because the boss is understand is that unless
(02:16):
you are rostered to work on a particular day, let's
say Monday, for three weeks conpectively. Otherwise it doesn't classify
as a normal rosters day. Is that correct? Or are
they able to do that?
Speaker 4 (02:28):
Yeah, that's a great question, Stephen. And this is one
of those strange provisions in the Holidays Act that keeps
people calling. Yeah, it's not a straightforward question. If you
have varied days of work, like you work on a roster,
(02:51):
if there is an argument over whether it's a normal
day or not. I have seen cases where people have
looked at the previous six months of work and seeing
if that is regularly a day that you work. I'm
not sure if looking at the past three weeks is
going to be enough. It's certainly an argument, but this
(03:15):
is not a straightforward yes or no question, unfortunately. And
that's the draw of the Holidays Act.
Speaker 6 (03:22):
Okay, so they can actually proposely off and then the
next week, like you work the five weeks in between
the two public holidays, and he happened to be off
for those holidays.
Speaker 4 (03:34):
Yeah, I definitely think that's worth an argument.
Speaker 6 (03:37):
Yeah, okay, all right, okay, thank you very much.
Speaker 2 (03:40):
All the best Stephen, thank you very much. Just on
the Holidays Act at South Gareth and I know that's
the bane of your life. But is there some movement?
There was some talk earlier on from the Coalition government
that they were looking to change some of that legislation.
Speaker 3 (03:56):
Is that still the case.
Speaker 4 (03:57):
Yeah, there have been several attempts at it already where
various working groups have been put together to try and
simplify it. It's incredible, incredibly difficult to do though, and
my gut feeling is that it would be much better
just to completely rewrite it from scratch. Of course, that's
a that's a huge piece of work, and it keeps
(04:21):
falling down the list of priorities.
Speaker 7 (04:22):
Yeah.
Speaker 2 (04:23):
Absolutely, some great teachs coming through on nine to two,
nine to two after that.
Speaker 5 (04:28):
This is an interesting one actually and kind of complicated,
I imagine after the whole Andrew Bailey thing. I don't
know how to behave at work? Can I hug people?
I used to hug everyone in the morning. Is it
only touching an anger that's the problem? What about friendly touching?
I can see a official kuy. I don't think they
mean it to sound exactly like that. Yeah, but you
get what I mean, I thought you were asking.
Speaker 3 (04:51):
He's not allowed to touch anyone there.
Speaker 4 (04:52):
Well, I'm happy to give you a hug.
Speaker 5 (04:55):
Well, it's an interesting word friendly touching, And I think
I know what they mean. Yeah, you know, like, is
it like jovial rather than mean? Yeah? Yeah, yeah, yeah.
Speaker 4 (05:05):
In this day and age, my legal advice would be
best not to touch anyone you work with, no matter
what you intend by it. Of course, in reality, some
people are huggy people. Yeah, but if there's any doubt,
don't Yeah.
Speaker 5 (05:21):
It's a that's kind of a funny concept, doesn't it,
Because you they're coming Because I'm not really a huggy person,
but I'm not going to deny a hug from someone.
So if someone's coming in for the sort of a.
Speaker 2 (05:35):
Hanging and I'm sure Gareth, you know, if someone wanted
to take it further, was a handshake, for example, that
would be easier to argue rather than than a hug.
Speaker 5 (05:46):
Yeah, surely we're not in the world where you can't
have a handshake.
Speaker 4 (05:51):
I hope not.
Speaker 3 (05:52):
Cindy, how are you this afternoon?
Speaker 8 (05:55):
Yeah? Good things.
Speaker 3 (05:56):
Gareth is standing by.
Speaker 8 (05:58):
Hi, Gareth, thanks for taking my call. I'm just wanting
to can you please explain the ten days sickly, even
caring over to the next year to make twenty. How
does it work?
Speaker 4 (06:10):
Yeah, So, basically, there's a cap that you can't have
more than twenty days, and because you get ten new
ones each year, if you haven't used any of them
and you've got twenty and you get another ten, you
don't end up with thirty. The ten oldest ones fall
(06:30):
away and you've still got twenty. Of course, these days
it seems pretty rare that people don't use their sick leave,
so it's unusual for someone to have their maximum and
then get another ten.
Speaker 8 (06:45):
Okay, yeah, No, I'm just speaking us from the point
of an employer with someone who hasn't taken this sick leave.
I've only taken a couple of days and they now
on leave due to an injury, and I've given them
ten days sickly, but they've still got some leftoves from
the previous years, So do I carry that over?
Speaker 6 (07:07):
Yeah?
Speaker 4 (07:08):
I mean so now we're starting to get into quite
a technical thing, which I can't give you a view
worth having all of the facts. But there's a maximum
of twenty and my understanding from the logistics is that
you would be using the oldest ones first, so if
there ones that haven't been used, then they will carry
(07:30):
over to the next year, as long as it doesn't
go with that maximum. Okay, of course, just to complicate
things further, some organizations have additional benefits over and above
the statutory minimums, and for some of those organizations, well,
(07:51):
employees can have an awful lot of sickly built up.
But it doesn't sound like that's the case for you.
Speaker 8 (08:00):
No, okay, all.
Speaker 3 (08:02):
Right, thanks, good luck.
Speaker 2 (08:04):
If you've got a question for Gareth, now is your opportunity, Oh,
eight hundred and eight ten eighty is the number to call,
and we've got some great teas coming through on nine
to two ninety two.
Speaker 5 (08:12):
I've just got a question. Do sick days sit as
a liability on a company like untaken Holidays do?
Speaker 4 (08:22):
Yeah, that's a that's a good question. I'm not sure
that's that's more of an accounting question than a employment
there question, but I imagine it would sit there because
they can use it.
Speaker 7 (08:35):
Yeah.
Speaker 4 (08:35):
Of course it doesn't get paid out if the employee leaves, Yeah,
unlike annual leave.
Speaker 5 (08:42):
Yeah, which makes sense.
Speaker 2 (08:43):
Yeah right, you all right, Okay, we're going to take
a quick break, but when we come back, plenty more
questions for Gareth. If you want to get in, you're
more than welcome. Oh one hundred and eighty ten eighty, Jenny,
how are you good?
Speaker 7 (08:56):
Afternoon? Fine? Thank you. I just wanted to make an
inquiry about retirement. I've got long service leaves which is due,
and I've got annually which will be paid out. But
mine ill is saying that they won't pay out long
service leaves at retirement, that it has to be used
up prior to that. Is that correct?
Speaker 4 (09:16):
Great question, Jenny. Long service leave is something that is
negotiated between the parties and should be recorded in a
policy or in your employment agreement. It wouldn't surprise me
if one of the conditions is that you need to
take the leave and it's not paid out to you.
It would be unusual for an employer to agree to
(09:41):
pay that out to you when you leave.
Speaker 7 (09:44):
Right, Okay, I'll go back to the contract.
Speaker 3 (09:46):
Thank you for that, Thank god, Thank you very much, Jenny.
Speaker 5 (09:49):
This is an interesting one. On nine ten, nine two.
I'm working for a company as an in house painter.
Want to start my own company? Can I use pictures
of my work on a website. If it's not obvious
it's from the current employer, cropped pictures and such.
Speaker 4 (10:04):
I see a lot of red flags and dangerous. Obviously
this person has some doubts about whether this would be appropriate. Yeah,
and I would agree with that, you know what I say,
if in doubt, don't. I think this is one of
those cases because if your employer finds out, it's likely
to be a problem.
Speaker 3 (10:25):
Yeah, very dangerous.
Speaker 5 (10:26):
So it's clear that they know it's wrong because they're
cropping the images. So really you're asking, can I get
away with this thing that I know I'm not allowed
to do?
Speaker 7 (10:33):
Yeah?
Speaker 4 (10:33):
If my friend wants to post these pictures.
Speaker 3 (10:36):
Yeah, yeah, spot on.
Speaker 2 (10:37):
This is good takes as well, Gareth, Hi, Should staff
be advised that a security camera in our lunch room
records video and audio during work hours? Is that an
invasion of privacy? Can I do anything about that?
Speaker 4 (10:50):
Oh? This is fantastic. It really depends on why the
camera has been installed. If it's too if there've been
a number of thefts and they are trying to catch
the thief, then it would really defeat the purpose to
tell everybody that they've installed a camera. Of course, if
it's just a general health and safety camera, then there
(11:14):
should be notices and the staff should be told about it.
It's also pretty unusual for a camera in those circumstances
to record audio, and that's something that Yeah, I think
this person could definitely raise with the employer because that
is getting to the point where arguably it is a
breach of privacy.
Speaker 5 (11:35):
Yeah, audio seems too much, right because that seems like
you're trying to listen to what people are saying.
Speaker 4 (11:42):
YEA, why are you recording that? Why do you need
to Yeah?
Speaker 2 (11:44):
Just super quick, Gareth, are you allowed to see that video?
If you know it's been recorded and you say, hey,
I just want to see some of that footage?
Speaker 3 (11:51):
Have you got a right to do that?
Speaker 4 (11:53):
And it depends. If the footage is just of you,
I think you've got a very good case to ask
for access to it. Of course, if it's you and
a bunch of other people, you know, you could be
breaching their privacy. I guess it depends. If it's in
a lunch room, is there an expectation of privacy? Most
(12:15):
probably not if it's a changing room, very different story.
Speaker 3 (12:18):
Yeah, very good.
Speaker 6 (12:19):
I'll tell it.
Speaker 5 (12:20):
Where I work, these cameras and mix just right in
my face. It's blazing.
Speaker 4 (12:23):
That's outrageous.
Speaker 3 (12:26):
Dave. How are you?
Speaker 7 (12:28):
Yeah? Good things tell you boys?
Speaker 3 (12:30):
Yeah, very good. We've got Gareth standing by ready for
your question.
Speaker 6 (12:34):
Okay, I'm a contractor been employed for four years at
one place.
Speaker 4 (12:39):
I'll stop you right there, Dave. You can't be a
contractor and be employed. You're either a contractor and you
are contracted, or you're an employee and you're employed.
Speaker 6 (12:52):
Okay, I'm a contractor and I'm contracted to the same place.
Speaker 3 (12:55):
For four years.
Speaker 6 (12:57):
Yep. So is there a limit by law? That is
that the maximum that you can work at a place
before you get seened as the feminine employee?
Speaker 4 (13:09):
No, No, there isn't. It really comes down to whether
you're actually a contractor or not, and that depends on
things different to how long you've been there. Of course,
if you've been there for four years, you may well
have been incorporated into the company, integrated into the business,
(13:31):
and that is one of the factors that may point
towards you being an employee. The courts look at it
and they say, are you truly in business on your
own account? And a lot of people who have a
contracting agreement rather than an employment agreement and get paid
like a contractor, aren't actually running their own business, right Okay?
Speaker 5 (13:56):
See So Gareth Abnore is an employment, workplace and information
expert and director of abbot nor abbot Nor Employment Law.
Sorry but we've had so many calls and so many
texts now full lines and we haven't been able to
get to all of them, so big apologies to everyone.
Next time we have you on, Gareth, we're gonna have
(14:17):
to have you on for an hour. Good if you've
got the time, because I feel bad how all these
people we haven't got to.
Speaker 2 (14:23):
Yeah, so much feedback, but Gareth, thank you very much
as always, really appreciate it, and we'll catch you again
in a month.
Speaker 4 (14:29):
Sounds good. Thanks guys.
Speaker 2 (14:30):
That is Gareth Abdenall from Abdenall Employment Law if you
want to check out his website Abdenorlaw dot en zed
And I've got to do this part. The content of
the segment is general in nature and is not legal advice.
Any information discussed is not intended to be a substitute
for obtaining specific professional advice and should not be relied
upon as such. And that is us for today. What
(14:53):
a fantastic show.
Speaker 5 (14:54):
Yeah, well until tomorrow. If it smells okay, eat it.
And if it's slimy, wash it and they need it.
Speaker 2 (14:59):
Yeah, good advice. What are you going to start with?
Surely the lamb grenade? Yeah, definitely chuck it all on
the barbie at once. I read to Tomahawk. Yeah, yeah,
chuck it all on the barbie. No sniff test, get
into it.
Speaker 5 (15:11):
Roll the guys a life exactly, exactly worse that could happen.
Speaker 2 (15:15):
And thank you very much for everybody who phoned and
called today and also all your text and as we mentioned,
we're sorry we couldn't get all of your questions to Gareth.
Hopefully we'll get him in for an hour next time
he is here, but plenty of questions that we'll put
on the bank for next time.
Speaker 1 (15:31):
For more from News Talks ed 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. S'd be
follow this and our Wide Ranger podcast now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaugh is an employment workplace in information expert and
director of Abdenor Employment Law. He joins us once a
month on our Ask the Expert series to answer listeners questions,
and he's back with us this afternoon.
Speaker 3 (00:29):
Gareth, Hello, hey guys, how you doing very good? How
was christ you this afternoon?
Speaker 4 (00:35):
Yeah it's a bit windy and rainy, so it's a
good inside day.
Speaker 3 (00:38):
Yeah, not very nice.
Speaker 5 (00:40):
It is absolutely beautiful here, blue skies and all absolutely amazing.
Speaker 3 (00:45):
Anytime you want a holiday up here, Gareth, you just
give us a buzz.
Speaker 4 (00:48):
It's actually I don't believe it for a second.
Speaker 5 (00:50):
It's actually raining up here. And I've got my nephew
visiting from from Dunedin. And whenever one of my family
members visit from Dunedin, it's always bad weather. My dad
will come for the only frost of the year and see,
it's not so great up here.
Speaker 3 (01:02):
Is it Murphy's law?
Speaker 5 (01:03):
Then Felix is going to go back saying it rains
here every day.
Speaker 4 (01:07):
That's what happens. When to leave the main Land, Yeah, exactly.
Speaker 2 (01:10):
Now, oh one hundred and eighty ten eighty is the
number to call if you want to have a chat
to garethees brilliant and it pays to get it in
early because it's always a popular segment. If you prefer
to text more than welcome to nine two. Nine two
is the text number. And we've got plenty of great
questions coming through Gareth, but we'll just go straight to
the phones because Steven's on standby giddy.
Speaker 6 (01:30):
Stephen, Well, Hi, I tell you I just got a
question about the public holidays. You know. My understanding is
that if you're required to work on your normal roster day,
if it falls out for the holiday, you're entitled to
a time and a half day and also an alternative
day off. In conversation, my question is the definition of
(01:54):
the normal roster to day because currently I work in
a cafe and al roster changes on a weekly basis.
And then I think I just sense it because it
has happened a two or three times already this year.
My sense is that's what the box has gone, and
they're trying to purposely ross you off on a public holiday.
And then, because the boss is understand is that unless
(02:16):
you are rostered to work on a particular day, let's
say Monday, for three weeks conpectively. Otherwise it doesn't classify
as a normal rosters day. Is that correct? Or are
they able to do that?
Speaker 4 (02:28):
Yeah, that's a great question, Stephen. And this is one
of those strange provisions in the Holidays Act that keeps
people calling. Yeah, it's not a straightforward question. If you
have varied days of work, like you work on a roster,
(02:51):
if there is an argument over whether it's a normal
day or not. I have seen cases where people have
looked at the previous six months of work and seeing
if that is regularly a day that you work. I'm
not sure if looking at the past three weeks is
going to be enough. It's certainly an argument, but this
(03:15):
is not a straightforward yes or no question, unfortunately. And
that's the draw of the Holidays Act.
Speaker 6 (03:22):
Okay, so they can actually proposely off and then the
next week, like you work the five weeks in between
the two public holidays, and he happened to be off
for those holidays.
Speaker 4 (03:34):
Yeah, I definitely think that's worth an argument.
Speaker 6 (03:37):
Yeah, okay, all right, okay, thank you very much.
Speaker 2 (03:40):
All the best Stephen, thank you very much. Just on
the Holidays Act at South Gareth and I know that's
the bane of your life. But is there some movement?
There was some talk earlier on from the Coalition government
that they were looking to change some of that legislation.
Speaker 3 (03:56):
Is that still the case.
Speaker 4 (03:57):
Yeah, there have been several attempts at it already where
various working groups have been put together to try and
simplify it. It's incredible, incredibly difficult to do though, and
my gut feeling is that it would be much better
just to completely rewrite it from scratch. Of course, that's
a that's a huge piece of work, and it keeps
(04:21):
falling down the list of priorities.
Speaker 7 (04:22):
Yeah.
Speaker 2 (04:23):
Absolutely, some great teachs coming through on nine to two,
nine to two after that.
Speaker 5 (04:28):
This is an interesting one actually and kind of complicated,
I imagine after the whole Andrew Bailey thing. I don't
know how to behave at work? Can I hug people?
I used to hug everyone in the morning. Is it
only touching an anger that's the problem? What about friendly touching?
I can see a official kuy. I don't think they
mean it to sound exactly like that. Yeah, but you
get what I mean, I thought you were asking.
Speaker 3 (04:51):
He's not allowed to touch anyone there.
Speaker 4 (04:52):
Well, I'm happy to give you a hug.
Speaker 5 (04:55):
Well, it's an interesting word friendly touching, And I think
I know what they mean. Yeah, you know, like, is
it like jovial rather than mean? Yeah? Yeah, yeah, yeah.
Speaker 4 (05:05):
In this day and age, my legal advice would be
best not to touch anyone you work with, no matter
what you intend by it. Of course, in reality, some
people are huggy people. Yeah, but if there's any doubt,
don't Yeah.
Speaker 5 (05:21):
It's a that's kind of a funny concept, doesn't it,
Because you they're coming Because I'm not really a huggy person,
but I'm not going to deny a hug from someone.
So if someone's coming in for the sort of a.
Speaker 2 (05:35):
Hanging and I'm sure Gareth, you know, if someone wanted
to take it further, was a handshake, for example, that
would be easier to argue rather than than a hug.
Speaker 5 (05:46):
Yeah, surely we're not in the world where you can't
have a handshake.
Speaker 4 (05:51):
I hope not.
Speaker 3 (05:52):
Cindy, how are you this afternoon?
Speaker 8 (05:55):
Yeah? Good things.
Speaker 3 (05:56):
Gareth is standing by.
Speaker 8 (05:58):
Hi, Gareth, thanks for taking my call. I'm just wanting
to can you please explain the ten days sickly, even
caring over to the next year to make twenty. How
does it work?
Speaker 4 (06:10):
Yeah, So, basically, there's a cap that you can't have
more than twenty days, and because you get ten new
ones each year, if you haven't used any of them
and you've got twenty and you get another ten, you
don't end up with thirty. The ten oldest ones fall
(06:30):
away and you've still got twenty. Of course, these days
it seems pretty rare that people don't use their sick leave,
so it's unusual for someone to have their maximum and
then get another ten.
Speaker 8 (06:45):
Okay, yeah, No, I'm just speaking us from the point
of an employer with someone who hasn't taken this sick leave.
I've only taken a couple of days and they now
on leave due to an injury, and I've given them
ten days sickly, but they've still got some leftoves from
the previous years, So do I carry that over?
Speaker 6 (07:07):
Yeah?
Speaker 4 (07:08):
I mean so now we're starting to get into quite
a technical thing, which I can't give you a view
worth having all of the facts. But there's a maximum
of twenty and my understanding from the logistics is that
you would be using the oldest ones first, so if
there ones that haven't been used, then they will carry
(07:30):
over to the next year, as long as it doesn't
go with that maximum. Okay, of course, just to complicate
things further, some organizations have additional benefits over and above
the statutory minimums, and for some of those organizations, well,
(07:51):
employees can have an awful lot of sickly built up.
But it doesn't sound like that's the case for you.
Speaker 8 (08:00):
No, okay, all.
Speaker 3 (08:02):
Right, thanks, good luck.
Speaker 2 (08:04):
If you've got a question for Gareth, now is your opportunity, Oh,
eight hundred and eight ten eighty is the number to call,
and we've got some great teas coming through on nine
to two ninety two.
Speaker 5 (08:12):
I've just got a question. Do sick days sit as
a liability on a company like untaken Holidays do?
Speaker 4 (08:22):
Yeah, that's a that's a good question. I'm not sure
that's that's more of an accounting question than a employment
there question, but I imagine it would sit there because
they can use it.
Speaker 7 (08:35):
Yeah.
Speaker 4 (08:35):
Of course it doesn't get paid out if the employee leaves, Yeah,
unlike annual leave.
Speaker 5 (08:42):
Yeah, which makes sense.
Speaker 2 (08:43):
Yeah right, you all right, Okay, we're going to take
a quick break, but when we come back, plenty more
questions for Gareth. If you want to get in, you're
more than welcome. Oh one hundred and eighty ten eighty, Jenny,
how are you good?
Speaker 7 (08:56):
Afternoon? Fine? Thank you. I just wanted to make an
inquiry about retirement. I've got long service leaves which is due,
and I've got annually which will be paid out. But
mine ill is saying that they won't pay out long
service leaves at retirement, that it has to be used
up prior to that. Is that correct?
Speaker 4 (09:16):
Great question, Jenny. Long service leave is something that is
negotiated between the parties and should be recorded in a
policy or in your employment agreement. It wouldn't surprise me
if one of the conditions is that you need to
take the leave and it's not paid out to you.
It would be unusual for an employer to agree to
(09:41):
pay that out to you when you leave.
Speaker 7 (09:44):
Right, Okay, I'll go back to the contract.
Speaker 3 (09:46):
Thank you for that, Thank god, Thank you very much, Jenny.
Speaker 5 (09:49):
This is an interesting one. On nine ten, nine two.
I'm working for a company as an in house painter.
Want to start my own company? Can I use pictures
of my work on a website. If it's not obvious
it's from the current employer, cropped pictures and such.
Speaker 4 (10:04):
I see a lot of red flags and dangerous. Obviously
this person has some doubts about whether this would be appropriate. Yeah,
and I would agree with that, you know what I say,
if in doubt, don't. I think this is one of
those cases because if your employer finds out, it's likely
to be a problem.
Speaker 3 (10:25):
Yeah, very dangerous.
Speaker 5 (10:26):
So it's clear that they know it's wrong because they're
cropping the images. So really you're asking, can I get
away with this thing that I know I'm not allowed
to do?
Speaker 7 (10:33):
Yeah?
Speaker 4 (10:33):
If my friend wants to post these pictures.
Speaker 3 (10:36):
Yeah, yeah, spot on.
Speaker 2 (10:37):
This is good takes as well, Gareth, Hi, Should staff
be advised that a security camera in our lunch room
records video and audio during work hours? Is that an
invasion of privacy? Can I do anything about that?
Speaker 4 (10:50):
Oh? This is fantastic. It really depends on why the
camera has been installed. If it's too if there've been
a number of thefts and they are trying to catch
the thief, then it would really defeat the purpose to
tell everybody that they've installed a camera. Of course, if
it's just a general health and safety camera, then there
(11:14):
should be notices and the staff should be told about it.
It's also pretty unusual for a camera in those circumstances
to record audio, and that's something that Yeah, I think
this person could definitely raise with the employer because that
is getting to the point where arguably it is a
breach of privacy.
Speaker 5 (11:35):
Yeah, audio seems too much, right because that seems like
you're trying to listen to what people are saying.
Speaker 4 (11:42):
YEA, why are you recording that? Why do you need
to Yeah?
Speaker 2 (11:44):
Just super quick, Gareth, are you allowed to see that video?
If you know it's been recorded and you say, hey,
I just want to see some of that footage?
Speaker 3 (11:51):
Have you got a right to do that?
Speaker 4 (11:53):
And it depends. If the footage is just of you,
I think you've got a very good case to ask
for access to it. Of course, if it's you and
a bunch of other people, you know, you could be
breaching their privacy. I guess it depends. If it's in
a lunch room, is there an expectation of privacy? Most
(12:15):
probably not if it's a changing room, very different story.
Speaker 3 (12:18):
Yeah, very good.
Speaker 6 (12:19):
I'll tell it.
Speaker 5 (12:20):
Where I work, these cameras and mix just right in
my face. It's blazing.
Speaker 4 (12:23):
That's outrageous.
Speaker 3 (12:26):
Dave. How are you?
Speaker 7 (12:28):
Yeah? Good things tell you boys?
Speaker 3 (12:30):
Yeah, very good. We've got Gareth standing by ready for
your question.
Speaker 6 (12:34):
Okay, I'm a contractor been employed for four years at
one place.
Speaker 4 (12:39):
I'll stop you right there, Dave. You can't be a
contractor and be employed. You're either a contractor and you
are contracted, or you're an employee and you're employed.
Speaker 6 (12:52):
Okay, I'm a contractor and I'm contracted to the same place.
Speaker 3 (12:55):
For four years.
Speaker 6 (12:57):
Yep. So is there a limit by law? That is
that the maximum that you can work at a place
before you get seened as the feminine employee?
Speaker 4 (13:09):
No, No, there isn't. It really comes down to whether
you're actually a contractor or not, and that depends on
things different to how long you've been there. Of course,
if you've been there for four years, you may well
have been incorporated into the company, integrated into the business,
(13:31):
and that is one of the factors that may point
towards you being an employee. The courts look at it
and they say, are you truly in business on your
own account? And a lot of people who have a
contracting agreement rather than an employment agreement and get paid
like a contractor, aren't actually running their own business, right Okay?
Speaker 5 (13:56):
See So Gareth Abnore is an employment, workplace and information
expert and director of abbot nor abbot Nor Employment Law.
Sorry but we've had so many calls and so many
texts now full lines and we haven't been able to
get to all of them, so big apologies to everyone.
Next time we have you on, Gareth, we're gonna have
(14:17):
to have you on for an hour. Good if you've
got the time, because I feel bad how all these
people we haven't got to.
Speaker 2 (14:23):
Yeah, so much feedback, but Gareth, thank you very much
as always, really appreciate it, and we'll catch you again
in a month.
Speaker 4 (14:29):
Sounds good. Thanks guys.
Speaker 2 (14:30):
That is Gareth Abdenall from Abdenall Employment Law if you
want to check out his website Abdenorlaw dot en zed
And I've got to do this part. The content of
the segment is general in nature and is not legal advice.
Any information discussed is not intended to be a substitute
for obtaining specific professional advice and should not be relied
upon as such. And that is us for today. What
(14:53):
a fantastic show.
Speaker 5 (14:54):
Yeah, well until tomorrow. If it smells okay, eat it.
And if it's slimy, wash it and they need it.
Speaker 2 (14:59):
Yeah, good advice. What are you going to start with?
Surely the lamb grenade? Yeah, definitely chuck it all on
the barbie at once. I read to Tomahawk. Yeah, yeah,
chuck it all on the barbie. No sniff test, get
into it.
Speaker 5 (15:11):
Roll the guys a life exactly, exactly worse that could happen.
Speaker 2 (15:15):
And thank you very much for everybody who phoned and
called today and also all your text and as we mentioned,
we're sorry we couldn't get all of your questions to Gareth.
Hopefully we'll get him in for an hour next time
he is here, but plenty of questions that we'll put
on the bank for next time.
Speaker 1 (15:31):
For more from News Talks ed B, listen live on
air or online, and keep our shows with you wherever
you go with our podcasts on iHeartRadio
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