July 28, 2024 • 39 mins
What do you do when your work responsibilities keep increasing, but your pay and title don't reflect it?
Employment expert Max Whitehead joins Tim Beveridge on The Weekend Collective to discuss what you should do.
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Speaker 1 (00:05):
You're listening to the Weekend Collective podcast from News talks'b.
Speaker 2 (00:11):
And welcome back to the Weekend Collective Tim Beverage. And
if you've missed any of the earlier hours, don't forget.
You can go and check out a podcast on iHeartRadio
wherever you get your podcast. Let's look all the news
Talk ZB website. But right now it is time for
smart money and we want your calls on eight hundred
and eighty ten eighty. You can text on nine two
nine two. And my guest in studio, he is a
(00:34):
regular on the show's an employment expert and employment employment
what's the word guru? Maybe I don't know, but his
name is Max Whitehead.
Speaker 3 (00:42):
Max, how are you very good? It's nice to be
here turned up front and center.
Speaker 2 (00:47):
It Actually, it feels like quite a while since we've
caught up. Maybe I was away one weekend or something
when you were on last time, but.
Speaker 3 (00:53):
It feels like that to me. I've been to Queensland,
I was in Fiji this time yesterday. It was really yeah,
I've been just enjoying life.
Speaker 2 (00:59):
You've been everywhere, man, Hang on, was that on holiday
or yeah?
Speaker 3 (01:03):
Yeah, that was on holiday?
Speaker 2 (01:05):
Okay, you didn't find a reason. It's like talk employment
with the hotel employees Texas holiday was.
Speaker 3 (01:10):
Shocked with Fiji, you know, talk about employment, poverty over
the is this riddled? I was really quite shocked. We
went off to some villages now at the outback there.
We don't how lucky we are in New Zealand. We
really don't. I thought we were economic depression in New Zealand. Wow,
you want to live over there. There's corrugated iron checks everywhere.
Speaker 2 (01:27):
I guess it's all a game of comparisons when you
consider New Zealand. Because if some people will say if
they go to go on holiday and visit Sydney in Melbourne,
ever wander around, then they come back here and it
feels like a tumbleweed.
Speaker 3 (01:39):
Well I was quite depressed. But actually for the for
the for the ordinary people over there, I think they've
really got it tough. But it also is an awakening
for me saying, hey, New Zealand is not that bad
after all. And this was pretty upset with the last
six years of the previous government. But this one I
think we're going to show a little bit of promise.
We're a long way to go and things aren't rosy yet.
(02:00):
But what I'm saying is, wow, you can pee yourself,
compare yourself from over there. A couple of coups have
and help.
Speaker 2 (02:05):
Yeah, I think a couple of cups help. Sounds like
an election slogan, doesn't it For someone who's standing for
election or something? Those cups of a help. Actually, how
is the job market looking from your point of view?
I know that that's not necessarily your bag is to
survey what's going on, But of course you're constantly dealing
with people who've got employment issues, whether they be employers
or employees. Are they particular common issues that are popping
(02:28):
up at the moment.
Speaker 3 (02:29):
Or really is a fickled market? You know, the job
fluctuations are going up and down, but actually they still
come back to the same New Zealand's economy is lifting
slowly and steadily, but it's struggling at the moment. But
what's really interesting to me is the fluctuations within the industry.
Some industries are really booming. It particularly is really going off.
(02:51):
Computer people that can program computers, those sort of things
are really really taking off. Then you've got other industries
who are really really struggling, you know, education, hospitalization, health,
those sort of things get staff. They just can't get
on their feet and really struggling.
Speaker 2 (03:08):
Oh, education is struggling to get staff. It's not people
within the education are struggling to get a job so much.
Speaker 3 (03:14):
Well it's worse tim they're actually leaving and droves. We're
getting robbed here about Australia, of course, and they are
up and leaving, and so that's why the industry is
getting affected so dramatically, and it's a lot of pain
with it, those particular industries, and of course the government
departments as well.
Speaker 2 (03:29):
Okay, so if you've got any questions for Max, we'd
love to hear from you on eight hundred and eighty
ten eighty. Or if you're asking on behalf of a friend,
which we sometimes get with them plumbing issues, I think, oh,
I'm just calling on behalf of a friend. You're welcome
to do that as well, or text on nine two
nine two. The first thing I have a chat about,
Max is the expanding responsibility. So in a situation and
(03:54):
a company where obviously with tough times and employers have
had to trim their workforce, but sometimes as a natural
result of that, they might be in a position where
or you, as an employee, might be in a position
where your employer has placed a little bit more responsibility
on your shoulders. And sometimes that's just something that's welcome.
(04:18):
It's oh cool, I'm getting to do this, and you
don't think about whether you should be getting paid more.
But at what point, because you know people have lost
their jobs, it's probably the reason you're getting more responsibility.
At what point should you say to your employer, Hey, look,
I love that you've given me some extra stuff to do,
putting your money where your mouth is. How do you
(04:41):
raise that issue without becoming that employee where it's like,
I don't ask Bob to do it because he's going
to ask more money. He's a pain in the backside.
Speaker 3 (04:51):
And this is such a common question. I get it
quite frequently, and it particularly is, you know, how am
I going to approach my boss for a pay increase?
How do I best do it? And you know we've
talked about this before and here. But the other thing
is each individual, each employer, he has different aspirations and
where they are in life. So one thing to consider
is what are your career aspirations? What is it you're
(05:13):
trying to achieve? Do you have any goals? Some people
are quite happy of the role they've got. The other
thing is to consider, you know, particularly if you're getting
imposed on with extra responsibility, is what's the company's policies
in regards to promotion people sitting temporarily in roles? You know,
is there a period of time you go through those policies,
Because sometimes companies will say you cover a role for
(05:35):
a period of time and you can take it to
a degree of ownership or extra money for them.
Speaker 2 (05:39):
I guess the thing is an employer might say, yeah,
I've given you this to do, but you're still arriving
at work at a half past eight and going home
at five o'clock same hours. Suck it up, baby, Yeah,
I mean, just consider yourself lucky. They're not. No employees
going to employers should say this. I'm being deliberately mischievous,
but the subtext is basically, hey, look, we aren't asked you,
(06:01):
just asking you to stay any longer. Your job's are a
bit more interesting. I'm afraid we can't pay anymore. So
do you want this extra more interesting work or do
you want us to give it to someone else?
Speaker 3 (06:09):
And you've captured it? Because most employers now are struggling
right now, they're struggling to actually pay anybody anymore. So
the other thing is people out there now you're going
to be as common as anything. So just prepare yourself
for this. So here's five tips. If you're going to
be approached by somebody, by your boss, thiss are the
things you got to do. Get some clarity in terms
(06:30):
of what they expect from you. So ask them what
success looks like those things. That's tip one. So get
some actually.
Speaker 2 (06:37):
That is that is extra important, I would imagine, because
you know what I reckon. Most of the time, problems
between employers and employees come when one when they're not
communicating clearly, because then you leave it up to your imagination.
So if your boss has said to you, can you
do this extra but cover this for us because you
know we're still we're a bit short on staff. We
(06:58):
need you to look at this particular issue and take
responsibility for this. They don't say anything else, and you think, yeah, sure,
but inside you going, of course I'm going to do this.
Of course my boss is going to be he's really
going to appreciate me, appreciate me for this, and it's
going to mean X, Y and Z. But if you
haven't said that to your boss, that person's probably just like,
oh great, we've got it covered.
Speaker 3 (07:18):
Move on exactly. So the other points will cover that.
I just want to one just for fun clarity expectations.
It is really important because what's your boss looking for?
And if you look if you're covering looking after other staff,
is that a factor for the other boss for the
boss to actually consider, you know, ask those questions and
get to the bottom of it now. Zero point two.
(07:39):
Set a time frame really important here because you might say, well,
I'm happy to cover because I appreciate you see me
having that ability to do that, But how about we
review it at the end of say one month, maybe
two months, maybe three months, so those that time frame
is the second point. The third point is really important
(08:00):
for me is document what you're doing. So when you're
sitting in the role, you'll so busy doing the role
and trying to do it properly and do it well.
Because you're new at it, you forget. But really interesting
for your CV because you've actually covered, stepped up, you're
doing more more responsibility. Now more importantly, if you actually
do get some achievements in that role. Just log those
(08:23):
as well, because you will forget those. But when it
comes to payroll time and you need to put a
proposal to the boss, it's very important to put that now.
The other thing is regular check ins of your boss.
Will asking for a fortnightly or a monthly meeting ever,
just to check and ask that question, how am I going?
Are you happy? Is anything I can do better? Those
(08:45):
are the three questions you should be asking your boss.
Speaker 2 (08:48):
See that's four. Actually I think that was larity time
frame document. I thought you said we had five for you.
Speaker 3 (08:53):
You have wait for it. In case you get your
butt have more wait for them. There's more. Evaluate your
options is the fifth one. So if at the end
of a period of time you're getting nowhere, there's no
pay rise, or you're not getting a promotion, there's no
talk of promotion, then I think you need to evaluate
what you're going to do. Now. What you could do
(09:15):
is put a formal proposal to your boss and even
put that in writing, saying, look, I've stood up, been
up here in this role for a period of time.
How about you know we give some consideration to me
moving up, or maybe we're making a role here for example,
you're filling in for your boss who's away, and you're
filling in for his role, Then put say to it,
(09:35):
why don't you say the propose that you get a
pay increase for that period of time you do step
up from time to time to give your boss more
time off and make the place more productive.
Speaker 2 (09:47):
Okay, if I in a way so like, I look
at some of those and if somebody did do all
that and I was an employer, I'd be thinking, oh gosh,
that persons so high maintenance. I just asked him to
do a couple of extra things, and now he wants
to get paid more. Is he wants to me to
have regular check ins with him? So needy? What a pain?
Speaker 3 (10:08):
Well let me just I guess and evaluate the options.
Is another point I want to make here is maybe
you consider moving on that's going off and having to
look at another role. Because if you ain't going to get
anywhere in your own business and you've had a test
run and nothing's happening, well you might have to think
about that. But look, the other thing is your approach
to your boss. There's nothing worse than a winging, moaning, complaining.
Speaker 2 (10:29):
That's the catch, isn't it. It's how to be that
employer who stands up for themselves without being that employee
who's just like, oh, here they come again. What's the problem?
Speaker 3 (10:37):
Yeah, you know exactly. So the way to approach that
is to look at it from them boss's perspective. The
word that they love to hear bosses is I'm making
this role more productive. I'm getting more out of the
other guys. I'm actually using my initiatives a lot more.
Those sort of things. Put that in front of the
boss and saying, look, I think I'm actually doing well
(10:59):
for you here. What's your thoughts on this? And they
do lap it up, and particularly if they and identified
it and you have you consist put it, they actually
think later on, oh I thought of that. But you
could say initiative, I'm using it. The fact that I'm
more assertive with the workers and they're actually producing a
lot more and working right up to the timeline rather
(11:21):
than going off and washing their hands before the end
of the day. You know, those sort of things are
saying I really am getting this place working a lot
better and smoother. The relationships with the workers is better
than it was. You know, those sort of things sell yourself.
Speaker 2 (11:33):
Keeping the record of what you're doing is not many
people would probably think of that, would they They'd just
be doing their job. Just keep a diary, just this
is what I did today, or these are the extra
things I did, and just keep a casual note, not
like you're looking to take it to the employment sort
of quarter.
Speaker 3 (11:49):
Yeah, but yeah, And the idea is not to sit
there and go, look how great I am. It's goat
to put it in a context, which is good for
the boss. You're saying, I actually have noticed in the
past that this and this isn't happening. So I've taken
initiative your boss and done this and this and this.
I hope you don't knowing that they'll be so pleased
with you. But it's actually just to bring it to
their attention. Now the boss may not even say well done,
(12:12):
but I'll tell you what, they'll take it away.
Speaker 2 (12:14):
There's also advice for employers on this side of things too,
because you can probably avoid having an employee sort of
be nipping at your heels on this stuff if you
just say, hey, look, i'd like you to take on
some extra responsibilities and this is how it's going to work.
And if the employer is clear with the employee, then
that gives less sort of room for disgruntlement and misunderstanding
(12:36):
and all that isn't it well?
Speaker 3 (12:38):
And the other factor is give it a go. If
somebody is stepping up for a period of time, you
actually want to need to grow your workforce. And if
you're going to give somebody a go in that senior role,
give them a go, give them some appreciation for it,
and chose some gratitude for it as well. And it
may be just a temporary Oh look, I'm happy to
give you an extra twenty dollars a week, or maybe
one hundred dollars a week. Whatever the help, whatever the
(13:00):
role is. But those things will always help. And of
course it runs both ways. So you're going to get
more productivity, you're going to get a more excited workforce,
and you want people.
Speaker 2 (13:10):
Actually you are.
Speaker 3 (13:11):
Going to go there's an opportunity for me you make
perhaps in the long run.
Speaker 2 (13:14):
Okay, look, we'd love to take your calls as well
as to I mean, you are you in that situation where,
because of the shrinking workforce at your place, you've had
to take on more responsibilities. You've got an issue you
like to run past not me, but Max on eight
hundred eighty ten eighty give us a call text nine
two nine two. But also Max is happy to help
you with any employment questions you might have or issues.
(13:37):
And they don't necessarily need to be legal about legal questions.
They might just be some pragmatic advice. And I don't
know how to bring such and such up, or I
don't know how to deal with this little issue because
I'm just afraid to make from my mouth. If you've
got any questions, we want to hear from you. Eight
hundred eighty ten eighty text nine. It's twenty one past
five News Talks.
Speaker 4 (13:57):
You'd be.
Speaker 3 (14:05):
Already apose just how to take.
Speaker 2 (14:11):
Conversation, guess, Welcome back to the news Talks of the
This is smart Money. We're talking employment issues with Max
Whitehead and let's take some calls, right Nicola, Hello, Hello, Nichola.
Speaker 4 (14:33):
Makes Hi Max. Hey, I've got a question about a
company sale. My son works for a company. They've advised
the staff that they're selling the company. They've got a buyer,
potential buyer that they're negotiating with. The leader that he's
received says, your employment under your current contract will come
(14:55):
to an end on the date which settlement occurs, and
that they're negotiating to keep the current employees with the
new owner. The wording in this letter says employment will
continue while negotiation is ongoing. Some staff at the company
(15:19):
are wondering whether this is the case of a redundancy or.
Speaker 3 (15:24):
Not, and it well could be. If in fact your
son loses his job, it could be a redundancy situation.
And of course the next question that comes with that, Nickeler,
is what compensation could he receive?
Speaker 1 (15:38):
Now?
Speaker 3 (15:38):
The answer to that question is whatever's in his contract.
If there's nothing written in there, there's not really much
they could do about it. Now. The other thing I
need to just clarify with you is the law requires
a seller of a business like this and your son's
current employer to advise them that they're going through this process,
and he's trying to comply with the law. Your son
(16:01):
could legitimately ask more questions, what's going on? Can I
send clarity in terms of my role please? And how
certain and secure is my role? And can I have
that by and put it in writing? Put it in
writing to them, Nicola. I think it's very important and
I can understand your son, you've and yourself being a
bit anxious about this.
Speaker 4 (16:19):
Yes, all right, okay, so it's a bit of a
case by case depending on the contract and this to do.
Use email and get some things in writing.
Speaker 3 (16:29):
Yep. And I would even ask can I please meet
with the potential new employer and they can meet me
and we can talk about what, you know, before they
make any decisions where they employ me, they can get
to meet me. I think that's a reasonable question. It
doesn't They don't have a legal obligation to do it,
but to put it in front of them and if
they said no, well we could look at you know,
(16:49):
not acting in good faith, but we could see how
that goes.
Speaker 4 (16:52):
Yes, all right, thank you, Max.
Speaker 3 (16:54):
Good luck, Nichola, Yeah, thank you.
Speaker 2 (16:57):
Thanks Nikola. Got lots of texts here because actually understand
what sometimes people don't want their voices on radio, but
they about these issues through a right. Okay, here we go. Question.
I'm on a three month trial. They can give me
twenty four hours notice to counsel my employment. Can I
do the same And this is the catch. My contract
(17:17):
says I need to give four weeks notice. Thanks James.
Speaker 3 (17:22):
Unfortunately you have to give four weeks notice. Yeah, that
really does seem unfair, and a quite often contracts say
that you some period. Some people actually have contracts to
say you're going to give three months notice and we
can say goodbye to you in one month.
Speaker 2 (17:38):
That seems a bit strange because that's the ninety day
termination clause to give employers the the I mean, sorry,
it's the you know, the first three months of a contract.
This is the government's broad in that thing that you
can terminate.
Speaker 3 (17:52):
So that's optional tim that it's only it's only enforceable
if the parties have agreed to it. Now, this is
the key to all these questions, because have you agreed
to have give three months notice or two months or
four weeks and you can continue. You can say to
your employer, hey, I'm not happy with that. I'd like
to have the same as you. Seems to be equal rights.
Speaker 2 (18:14):
Yeah. Actually, here's the thing. If you're in a job
of that nature, what remedies are there really for an
employer when you just go stuff? There's some matter here,
because I mean, it's just is it a meaningful clause
when they say we want four weeks notice? Because if
(18:35):
you're in that sort of contract, we are on a
three month trial and you don't like it. I mean,
if they say, well, look, we still want you to
stick it out, and you say, well, I'm not going to,
is there a way of you going well, there's a
reason I'm not going to.
Speaker 3 (18:47):
Because look, I mean I get to ask this question
by workers all the time. Can I look, I've got
another job lined up and they want me now, can
I just go and I go back to the thing,
what's your contracts? Say? Because you've got on a bound
of the contract. Now, if you're the employer right now,
and look, a lot of them be listening to this,
you can sue that worker for breach of contract, and
(19:08):
there can be some quite severe consequences for it. But
the cost to sue over a breach of contract quite
often the judiciary are pretty lenient and they'll just go
all okay when they could lose one week's pay or
two weeks pay and goodness, meaning it's no good to
any employer who's just spent thousands of dollars on litigation.
Speaker 2 (19:27):
Yeah, well, that's why I was wondering, because pragmatically, I mean,
what who wants to go through any legal process? Really?
You want the path of least resistance because you're running
a business. I had.
Speaker 3 (19:39):
A client who owned gyms right through New Zealand, and
with the gyms, they had a problem because people were
just up and walk off. They wouldn't give their notice period,
so it became such a problem. Max, we're engaging you.
The next time this occurs, we're going to sue them,
and we want to make an example to all the rest.
You bridge a contract, there's consequences.
Speaker 2 (19:59):
Actually, what does this remind me of? Oh, it reminds
me of rugby contracts when people went there some players
who are like, I want out and I'm just going
to go and play in Japan or something or whatever,
and they seem to just being able to allow to
do it. And I sort of like what I was thinking,
rugby union, why don't you just say no, actually no
you're not going or that whatever the union was. But
of course they would say, well, there's no point trying
(20:20):
to force a player to stay if they don't want
to be there. I'm I don't know, I'd like to
see someone try that out. YEA, Well, what are they
going to play badly and then reduce their own value?
Speaker 3 (20:27):
Well, you look at the top top top players, and
they pay millions of dollars or so for them to
come across. So you'll find that they've got some very
severe clauses in there, but they don't seem to be enforced.
Speaker 2 (20:37):
As one pointer. Sometimes they just I've.
Speaker 3 (20:39):
Seen employers come back and saying, look, I put it,
I've got a restraint to trade in. The worker who
I'm so pleased to see the backup has come to
me and said, what about the restraint? Bosses?
Speaker 4 (20:47):
Do it?
Speaker 3 (20:47):
Is that enforceable? And quite frankly, no, I reckon I'd
actually promote them to the opposition because that would help
me more. Okay, god's the cynic well that could be
saved with sport as well, couldn't it.
Speaker 2 (20:57):
Yeah? Indeed, yeah right, I'm just checking the time here,
it's twenty nine minutes to six. If I'm still within
my aunty day trial and I'm off on ACC for
two months, can my employer let me go under the
ninety day trial?
Speaker 3 (21:14):
And the answer that is yes. Unfortunately, they don't actually
have to tell you the reason, and can they do
it legitimately? It's pretty harsh that ninety day trial period,
it really is.
Speaker 2 (21:25):
But actually, if you're on ACC, You're still getting some
money through ACC, aren't you. How does that work?
Speaker 3 (21:29):
Lost lost income? You are and ACC will continue to
pay you. So that's really in your favorite to some
degree as well. But you know, the employee can say goodbye, sorry,
you're accident prone, you've got injuries. You're not actually coming
up to the post for way we want you, so cheerio.
Speaker 2 (21:49):
Okay, what about this? This is probably more of a
political question from Ken what happens when an employer wants
only slave labor immigrants so they don't have to comply
with the ra LS health and safety requirements. It's a
widespread issue. So this is basically just saying about employees
who aren't following the law, isn't it? Yeah?
Speaker 3 (22:05):
And that happens an awful light. So and it really is, unfortunately,
because I see a lot of it. It's where they
quite often it's not from an overseas employer. They come
from that particular country and they'll employ people knowing that
they can abuse them, and then they actually threaten them
as well. I mean I've had a case where I
called it slave labor, and it certainly was saying if you,
(22:27):
if you complained to anybody about this, then you'll be
deported and you get nothing. And also you're in breach
of your visa. You could find yourself locked up in
jail here. And of course the countries they come from
are pretty harsh regimes and they believe it, so they
just sit here and actually get paid below the minimum wage.
It's awful.
Speaker 2 (22:46):
Yeah, that is an awkward one because there's no the
incentive for a whistleblower in those circumstances. Well, there's not
much incentive, is it, Because you are in a job
which maybe is exploiting you, but you have employment. If
you blow the whistle, you're out of a job, and
(23:07):
who's going to thank you for it?
Speaker 3 (23:09):
And look, I mean that was going to make myself unpopular.
But I had five clients that came to me from
a liquor store and they were exactly what was happening.
They were getting about two dollars an hour yea, and
their visa said that they are and they were students
as well, they weren't supposed to be working the hours,
and they said, we have to. Our boss tells us
we have to work beyond that, and if we don't,
(23:30):
he's going to dob us in for breach of visas
and he's got us. And then I said, all right,
well look I can. I can act for you. But
of course it gets to a point even with me,
I can't do everything for nothing. So I said, go
to the Department of Labor. They can represent you. They
did that. Three years later, the Department Labor said, have
you been in touch of these guys? I said no,
I think they've gone back to their home country. And
(23:52):
they said, well, oh yeah, Well I've just won one
hundred and fifty thousand dollars between them, but they've gone
so it's too late.
Speaker 2 (24:00):
So how they won how much.
Speaker 3 (24:02):
One hundred and fifty thousand dollars between five of them?
Speaker 2 (24:06):
Well, actually, I mean it sounds like that's quite a
good award, but that's not gonna last. All.
Speaker 3 (24:10):
The thing is, tim is the judiciary are really bad here.
And I've got a client now, a well known New
Zealander that we all know, and she's had to wait
four years for the Employment Authority to come up to
say she had a case. That's all they did in
four years. And I've actually taken it to the court
now because we just can't believe how this has just
been stretched out for so long, So four years no
(24:33):
pay and she's asking just to be paid. And with that,
even the employment the judiciary even said that she has
to pay costs for actually asking other people to be accountable.
Speaker 2 (24:44):
Gosh. You know what it sort of highlights is that
if you can, if you can try and a step,
I mean, it's it's probably not a reasonable comment actually,
but just if you ever have to go to court
on something, it's it's just the least desirable thing. Always
try and I mean just communicate, communicate, communicating to get
an understanding.
Speaker 3 (25:02):
And that's that in terms of lawyer folks. So I
would concur completely with that, because it really is. I mean,
it's very nice to go around and threaten people. They
all take you to court. You don't step if you
step out of line. It's not peaches and cream. It
really can be difficult.
Speaker 2 (25:15):
Now because I mean there are things like the well,
of course, the disputes to be on heir, employment disputes
and there are so if you do want to take action,
whether you're an employer or an employee, it's expensive from
day one, isn't it.
Speaker 3 (25:31):
Oh yeah, because the low level judiciary in the court
is called the employment authority and they've become like a
mini High court and they conduct their hearings of such
a sophistication levels that you need. You'd be a fool
to go in there without having support and somebody to
guide you through it.
Speaker 2 (25:49):
And look, are you allowed a lawyer the employment authority?
Speaker 3 (25:52):
Yes, oh you are, yeah, And that's what they have
to do to survive. Otherwise your dog's dinner to anyone
who's on the other side, they would just each of
for breakfast. And the judics is stressful. The judiciary supports this.
A whole legal industry is like this right now. There's
no more justice for the ordinary man in the street,
ordinary man or woman in the street. It really is.
(26:12):
And there's a guy from the United Kingdom said this
over fifteen years ago. He said, there's no justice anymore
for common law for the average person. You have to
be very, very wealthy to get some advantages on it.
But that's the way mediation seems to go. I'm getting
worked up, worked up here, but this is the truth.
So in mediation it works out for the party. So
(26:35):
some party may be in a winning position. Say it's
a worker, Hey, worker, do you realize if your boss
appealed any decision we might make here that they could
take it off to so and so judiciary. Could you
afford that? How much would Max's costs be if you
had to supply defend yourself within that judiciary? Oh? X dollars?
I haven't got that. Well, then maybe you should just
(26:56):
settle for a few hundred dollars here.
Speaker 4 (26:57):
God.
Speaker 2 (26:58):
Yeah, that's a whole separate question, isn't it. What's the
most effective way to resolve an employment dispuite without it
costing either side a fortune?
Speaker 3 (27:05):
And that comes down to money, and that's not the
right thing it should be.
Speaker 2 (27:08):
Also the costs thing as well. The unfortunate thing is
that if you are you think you've got a legitimate grievance,
but say it doesn't go your way. You haven't taken
a vexatious claim, You've just taken them. You've tried to
stand up for yourself. But if you lose, you're up
for costs for the other side, aren't you. Which to
me it's true, which to me does feel wrong. I
wonder if that needs to be revisited.
Speaker 3 (27:29):
A little absolutely particular case I mentioned before, where a
person just as for their wages. Yeah, and she's got
a cost now of sixteen thousand dollars to the judiciary
for asking for wages, and four years later it hasn't
received a cent blind assent.
Speaker 2 (27:43):
Right, We'll take your calls though, all your text. We've
got plenty of a few text questions to get into
as well. If you want to give us a call
and jump, you will jump the queue and be next up.
It's twenty two minutes to Sex News Talks.
Speaker 3 (27:53):
D B, a part of from Now, From now, Yeah,
get hold of me. It does z B, but no,
give me a call. We'll go dub dub dub, Whitehead
Group dot co dot NZ or just give me a call.
On twenty four to seven ninety three ninety three.
Speaker 2 (28:11):
There was an eight hundred before that. Isn't that?
Speaker 3 (28:13):
There is no? Yeah, you got me right, eight hundred
What is it?
Speaker 2 (28:16):
I eight hundred twenty four seven ninety three ninety three,
which is quite easy to remember because our text is
nine two nine two and so it's just inflationary on
that nine three nine three. So I eight hundred twenty
four seven nine three nine three.
Speaker 3 (28:28):
Go there we go. Oh, so please for the facts
talk to Tim.
Speaker 2 (28:31):
Yes, right, question for Max finished job end of March five,
weeks holiday pay received approximately half in April, but nothing since.
Despite a number of emails to employer, no further money received.
Nora replies to my emails, what can I do? Thanks Katie?
Speaker 3 (28:49):
Right, there's consequences for that. You should get hold of
somebody like myself. And well, you can even lodge it
yourself as a wage areas claim. That's what it's called
wage areas claim. And you can lodge an application to
the employment authority and ask for them to intervene.
Speaker 2 (29:03):
Oh okay, so it's not such a litigious situation. It's
more of a here's my wages they haven't paid me, boom.
Speaker 3 (29:10):
Boom, and what should happen? First, I've asked for Actually,
you can do this at all. At the same time,
ask for the wage and time records. Your employer's got
to give it to you, and that should specify how
much money you've been paid. Then you've got a formal
record of it. If your employer fails to provide that,
that's another there's another problem for the employer. That's another penalty.
(29:31):
So you get some advice on this. If you're finding
this a bit complicated. If not, go to the online
and you can lodge an application yourself with the Employment
Relations Authority.
Speaker 2 (29:40):
Okay, good stuff, right, here's another one. This might be
a tax question. I get paid a car allowance by
the company. I know other companies give part of this
tax car allowance is tax free. However, my company will
not pay any part of this allowances tax free. In
other words, they're giving them the money, but there taxing.
At Where do I stand and who do I speak
(30:01):
to to rectify this? Because it does sound like you
expe I.
Speaker 3 (30:05):
Think it takes expenses though, and it's arguable with the
IID what's compensation? But this sounds very much like compensation.
So if you're using your own vehicle and they're giving
you a car allowance, then you're being compensated. Means you're
not making profit out of it. You're being compensated. And
if the IID recognize that. By the way, the IID
even publish what is a reasonable rate for you to
(30:27):
be paid? So I think there's a lot of support
for you within the IID to say that it's a
tax free amount amount of money. But look, go and
ring them and contact them and ask them that question.
Speaker 2 (30:38):
Actually, the ID probably quite helpful with that. I would imagine.
And also if you've got that response from the inland Revenue,
they might be able to provide you with a letter
just saying this is not necessary. And then you know.
Speaker 3 (30:49):
They used to provide a guidance online for what is
reasonable compensation for using a vehicle.
Speaker 2 (30:54):
I'm sure they probably still do. Actually, but yeah, I'm.
Speaker 3 (30:56):
Sure they do because it's a common common matter.
Speaker 2 (30:59):
I found that every time, by the way I found
whether I have to deal with the ID and if
they've asked me a question, I come back to them
and chat with them. It's that I've always found them
thoroughly reasonable to deal with. I think the idea that
the taxman is like having a conversation with the executioner.
Speaker 3 (31:15):
You know, I think the days have gone. But the
other thing is if you've got a friendly accountant, you know,
or somebody who's wealthy in that world, and we'll go
and talk to them. But certainly compensation, say the word compensation.
I'm being compensated for using my own vehicle.
Speaker 2 (31:28):
Okay, this one, oh, I think this is a curly one.
I if somebody's on a casual contract and goes permanent
after they've been with the company for more than three months,
so okay, they'm in casual for a few months, then
they go permanent. Does the ninety day trial rule apply
the or.
Speaker 3 (31:47):
The answer to that is no, unless you've agreed to it.
So a couple of things of the ninety day tripoo
you have to be a brand new employee. You can't
do it for a day of work, or you come
back and work for them once before, so that that is.
And also you've got to agree to it. It's got
to be in writing, and you've got to sign off
agreement to it.
Speaker 2 (32:05):
Okay, So I'm guessing if somebody on account I'm just
rereading this text, yes it doesn't apply, but make sure
you don't sign anything that does.
Speaker 3 (32:14):
Because many casual contracts out there with no ninety day
troll period. So you probably haven't got one.
Speaker 2 (32:18):
Okay. Hi an employment question, Well that's good because that's
what makes us here. For my contract, says employer, key
we saber at three percent no reference to as required
by law. I'm nearly sixty five. Can they stop keiwi
saber on my sixty fifth birthday? Or doers the contract
(32:39):
still cover it because it specifically says three percent key
we saber, So I think the law is that with no,
with no proviso that they don't have to pay a
contribution after sixty five. But does the contract stipulating it
without any other reference, does that change the game.
Speaker 3 (33:00):
There's a clear rule here, Tim, and I'm sure you
know what I'm going to say here.
Speaker 2 (33:04):
No, don't.
Speaker 3 (33:06):
You can't contract outside the law. So if the law
says that you don't get key we Saver after the
age of sixty five, then you don't, and they can't
write a contract that says otherwise and then take that
money off you.
Speaker 2 (33:19):
So I mean, hang on, say that again. I get
my head.
Speaker 3 (33:22):
Can't contract. You can't contract outside the law. You can't say,
for example, I'm writing a contract here and you can
go and murder someone it will if you wanted to.
So that's what I'm saying is you can't contract outside
of law. So something like the key we Saver and
we're going to keep taking it out of your pay
when the law doesn't allow them to. So first off,
there's the wages protection it that prevents employees from taking
(33:45):
helping themselves to your pay.
Speaker 2 (33:47):
Oh, actually, I guess I was reading into this that
they pay extra on top of your normal rate too
as a contracted thing to cover key we saver as
opposed to taking it. Maybe you're right, so that would
be different.
Speaker 3 (34:01):
They've written down key we saber, haven't they know.
Speaker 2 (34:05):
Because that comes out of your pay as opposed. Oh no, okay,
I think they're talking about an employer contribution. That'll be it.
So there's often a contract where you have you know,
you're putting four, three or four percent, and the employer says,
and we'll top that up as well as part of
your contract by another three or four percent. Okay, that's
the question.
Speaker 3 (34:25):
So in that particular case, if it's in your favor
and the law, the employer can provide you as extra
money as much as they like.
Speaker 2 (34:36):
But if it's in this contract, even though they're turned
sixty five, unless I'd think you'd still get it. It's
part of your employment. But it does sound slightly content,
but it's.
Speaker 3 (34:44):
Taking it out of your paint. No, but certainly for
them to give you extra money, they probably still didn't
pay you. Go back and say, look at the contract.
Speaker 2 (34:52):
Okay, I think we found our answer there, didn't we.
Speaker 3 (34:54):
Well, we doubled around.
Speaker 2 (34:56):
We eventually Hi, my employer of fourteen years went into receivership.
I requested my employment contract, but they were unable to
locate the contract. My employer agrees on the fact that
there was a contract signed on employment and we have
re signed a new copy of the contract. I had
a redundancy clause in the contract. Our contracts were canceled
(35:17):
by the receivers and we signed new contracts with the receivers. God,
this is complicated. I left the business after two months
with the receivers and the businesses now closed. The receivers
have not offered me my redundancy in my preferential claim.
Do I have a right to the redundancy? Oh my god?
That did sound like a signing contract with the employer,
then resigning, then resigning a contract with the receivers.
Speaker 3 (35:38):
This is complicated, and the powers of receivers is quite enormous,
but it's actually been challenged recently. I think in the
employment judiciary a receiver actually exercising powers because they flicked
people off just a will. And I think you would
be worthy to get some proper come and have a
talk to me, or have someone to have a talk
(35:59):
with these and gives the facts as they can roll out.
Because this is quite complicated by the sound of it.
A receiver cancel a contract, Well, who says they can?
Speaker 2 (36:08):
That's quite weird.
Speaker 3 (36:10):
I mean if a receiver is trying to keep the
company still alive.
Speaker 2 (36:13):
Well, hang on, here's the thing that I think is
in this person's favor too. Our contracts were canceled by
the receivers and we signed new are new contracts that
probably didn't have the redundancy. Told well more for you then, okay,
that might be a proper It.
Speaker 3 (36:28):
Says you have agreed to not have it. So yeah,
that was possibly be right. And we stumbled on that
one as well.
Speaker 2 (36:35):
We got there it eventually. Hey, look we got to
take a break. It is nine minutes to six. This
is news Talk, said B. Yes, Newstalk, said b. This
is this is smart money with Tim Beverage. We have
but we have been chatting with and he's still here,
Max Whitehead.
Speaker 3 (36:55):
He won't leave.
Speaker 2 (36:56):
We can't get rid of him. Actually, we've got one
more quick text. Hi, there was wondering if a company
has a clause in an employment agreement that says the
employee can't work in that industry amount for x amount
of time after leaving the company. Well, it's a restraint
of trade clause. How enforceable are they? That's from leson.
Speaker 3 (37:14):
Depends on your role, the skill levels you've got. There's
a lot of depends that depends and did you enter
into that contract reasonably and fairly? Did we able to
get advice. There's quite a lot of conditions you need
to get further advice on this, but be wary of
them because a lot of people today think they're not enforceable,
and they're actually there as big consequence as you get
(37:34):
it wrong.
Speaker 2 (37:35):
The courts don't like these clauses very much.
Speaker 3 (37:39):
What's the word, not in the public interest, because it
really is preventive. It's anti I mean the court's supposed
to well, they do recognize that it's good to have
a good society that is actually competing, particularly in businesses.
Speaker 2 (37:50):
And actually, if you are negotiating contract, you should start
with that line saying, I see you've got a restraint
of trade clause. Your advisors will tell you these are
not in the public interest, So let's talk about this
clause and what exactly you want.
Speaker 3 (38:02):
To I get asked the question all the time. You
just critique this this contract, for this employment agreement for
me and folks, I'll do that for you out there,
and I don't charge just for a quick look. But
when I see a restraint of trade, I go caution, caution, caution.
I've even told very good friends, do not sign this contract.
Speaker 2 (38:19):
But the other moral of the story, I think from
this hour is that if you have a contract in
place and your employer wants to offer you a new contract,
just don't sign it. If it's eroding your rights. It
gets some advice or something, you know. We've had a
few examples on that where people might have signed a
new contract doing away with their redundancy.
Speaker 3 (38:39):
And here's the big news to a lot of people
don't realize this. If you're offered a contract, you can
negotiate it the Employment Relations Act. That means the law
encourages you to negotiate it. And if your employer doesn't
want to play ball with you, he's got to act
in good faith. You've got to do it for the facts.
You talk to Max, So give me a call.
Speaker 2 (38:57):
God, he's got the slogans. You can call them at
I eight hundred and twenty four to seven ninety three
and ninety three, or just google Max Whiteheady. He's easy
to find anyway. Hey, thanks, nice to see him, Max.
Speaker 3 (39:09):
That was great to come and I really enjoyed it.
I just say quick hello to Frank and Carol and
I had a cup of tea with him today.
Speaker 2 (39:14):
Excellent, excellent, and thanks my producer Tira Roberts. Job Tyra,
and we'll be back with you again, same time next weekend.
Check out the podcast News Talks we website or eyeut
radio look for the Weekend Collective, enjoy the rest of
your evening. Sunday at six is next.
Speaker 1 (39:39):
For more from the Weekend Collective, listen live to News
Talk said Be weekends from three pm, or follow the
podcast on iHeartRadio.
You're listening to the Weekend Collective podcast from News talks'b.
Speaker 2 (00:11):
And welcome back to the Weekend Collective Tim Beverage. And
if you've missed any of the earlier hours, don't forget.
You can go and check out a podcast on iHeartRadio
wherever you get your podcast. Let's look all the news
Talk ZB website. But right now it is time for
smart money and we want your calls on eight hundred
and eighty ten eighty. You can text on nine two
nine two. And my guest in studio, he is a
(00:34):
regular on the show's an employment expert and employment employment
what's the word guru? Maybe I don't know, but his
name is Max Whitehead.
Speaker 3 (00:42):
Max, how are you very good? It's nice to be
here turned up front and center.
Speaker 2 (00:47):
It Actually, it feels like quite a while since we've
caught up. Maybe I was away one weekend or something
when you were on last time, but.
Speaker 3 (00:53):
It feels like that to me. I've been to Queensland,
I was in Fiji this time yesterday. It was really yeah,
I've been just enjoying life.
Speaker 2 (00:59):
You've been everywhere, man, Hang on, was that on holiday
or yeah?
Speaker 3 (01:03):
Yeah, that was on holiday?
Speaker 2 (01:05):
Okay, you didn't find a reason. It's like talk employment
with the hotel employees Texas holiday was.
Speaker 3 (01:10):
Shocked with Fiji, you know, talk about employment, poverty over
the is this riddled? I was really quite shocked. We
went off to some villages now at the outback there.
We don't how lucky we are in New Zealand. We
really don't. I thought we were economic depression in New Zealand. Wow,
you want to live over there. There's corrugated iron checks everywhere.
Speaker 2 (01:27):
I guess it's all a game of comparisons when you
consider New Zealand. Because if some people will say if
they go to go on holiday and visit Sydney in Melbourne,
ever wander around, then they come back here and it
feels like a tumbleweed.
Speaker 3 (01:39):
Well I was quite depressed. But actually for the for
the for the ordinary people over there, I think they've
really got it tough. But it also is an awakening
for me saying, hey, New Zealand is not that bad
after all. And this was pretty upset with the last
six years of the previous government. But this one I
think we're going to show a little bit of promise.
We're a long way to go and things aren't rosy yet.
(02:00):
But what I'm saying is, wow, you can pee yourself,
compare yourself from over there. A couple of coups have
and help.
Speaker 2 (02:05):
Yeah, I think a couple of cups help. Sounds like
an election slogan, doesn't it For someone who's standing for
election or something? Those cups of a help. Actually, how
is the job market looking from your point of view?
I know that that's not necessarily your bag is to
survey what's going on, But of course you're constantly dealing
with people who've got employment issues, whether they be employers
or employees. Are they particular common issues that are popping
(02:28):
up at the moment.
Speaker 3 (02:29):
Or really is a fickled market? You know, the job
fluctuations are going up and down, but actually they still
come back to the same New Zealand's economy is lifting
slowly and steadily, but it's struggling at the moment. But
what's really interesting to me is the fluctuations within the industry.
Some industries are really booming. It particularly is really going off.
(02:51):
Computer people that can program computers, those sort of things
are really really taking off. Then you've got other industries
who are really really struggling, you know, education, hospitalization, health,
those sort of things get staff. They just can't get
on their feet and really struggling.
Speaker 2 (03:08):
Oh, education is struggling to get staff. It's not people
within the education are struggling to get a job so much.
Speaker 3 (03:14):
Well it's worse tim they're actually leaving and droves. We're
getting robbed here about Australia, of course, and they are
up and leaving, and so that's why the industry is
getting affected so dramatically, and it's a lot of pain
with it, those particular industries, and of course the government
departments as well.
Speaker 2 (03:29):
Okay, so if you've got any questions for Max, we'd
love to hear from you on eight hundred and eighty
ten eighty. Or if you're asking on behalf of a friend,
which we sometimes get with them plumbing issues, I think, oh,
I'm just calling on behalf of a friend. You're welcome
to do that as well, or text on nine two
nine two. The first thing I have a chat about,
Max is the expanding responsibility. So in a situation and
(03:54):
a company where obviously with tough times and employers have
had to trim their workforce, but sometimes as a natural
result of that, they might be in a position where
or you, as an employee, might be in a position
where your employer has placed a little bit more responsibility
on your shoulders. And sometimes that's just something that's welcome.
(04:18):
It's oh cool, I'm getting to do this, and you
don't think about whether you should be getting paid more.
But at what point, because you know people have lost
their jobs, it's probably the reason you're getting more responsibility.
At what point should you say to your employer, Hey, look,
I love that you've given me some extra stuff to do,
putting your money where your mouth is. How do you
(04:41):
raise that issue without becoming that employee where it's like,
I don't ask Bob to do it because he's going
to ask more money. He's a pain in the backside.
Speaker 3 (04:51):
And this is such a common question. I get it
quite frequently, and it particularly is, you know, how am
I going to approach my boss for a pay increase?
How do I best do it? And you know we've
talked about this before and here. But the other thing
is each individual, each employer, he has different aspirations and
where they are in life. So one thing to consider
is what are your career aspirations? What is it you're
(05:13):
trying to achieve? Do you have any goals? Some people
are quite happy of the role they've got. The other
thing is to consider, you know, particularly if you're getting
imposed on with extra responsibility, is what's the company's policies
in regards to promotion people sitting temporarily in roles? You know,
is there a period of time you go through those policies,
Because sometimes companies will say you cover a role for
(05:35):
a period of time and you can take it to
a degree of ownership or extra money for them.
Speaker 2 (05:39):
I guess the thing is an employer might say, yeah,
I've given you this to do, but you're still arriving
at work at a half past eight and going home
at five o'clock same hours. Suck it up, baby, Yeah,
I mean, just consider yourself lucky. They're not. No employees
going to employers should say this. I'm being deliberately mischievous,
but the subtext is basically, hey, look, we aren't asked you,
(06:01):
just asking you to stay any longer. Your job's are a
bit more interesting. I'm afraid we can't pay anymore. So
do you want this extra more interesting work or do
you want us to give it to someone else?
Speaker 3 (06:09):
And you've captured it? Because most employers now are struggling
right now, they're struggling to actually pay anybody anymore. So
the other thing is people out there now you're going
to be as common as anything. So just prepare yourself
for this. So here's five tips. If you're going to
be approached by somebody, by your boss, thiss are the
things you got to do. Get some clarity in terms
(06:30):
of what they expect from you. So ask them what
success looks like those things. That's tip one. So get
some actually.
Speaker 2 (06:37):
That is that is extra important, I would imagine, because
you know what I reckon. Most of the time, problems
between employers and employees come when one when they're not
communicating clearly, because then you leave it up to your imagination.
So if your boss has said to you, can you
do this extra but cover this for us because you
know we're still we're a bit short on staff. We
(06:58):
need you to look at this particular issue and take
responsibility for this. They don't say anything else, and you think, yeah, sure,
but inside you going, of course I'm going to do this.
Of course my boss is going to be he's really
going to appreciate me, appreciate me for this, and it's
going to mean X, Y and Z. But if you
haven't said that to your boss, that person's probably just like,
oh great, we've got it covered.
Speaker 3 (07:18):
Move on exactly. So the other points will cover that.
I just want to one just for fun clarity expectations.
It is really important because what's your boss looking for?
And if you look if you're covering looking after other staff,
is that a factor for the other boss for the
boss to actually consider, you know, ask those questions and
get to the bottom of it now. Zero point two.
(07:39):
Set a time frame really important here because you might say, well,
I'm happy to cover because I appreciate you see me
having that ability to do that, But how about we
review it at the end of say one month, maybe
two months, maybe three months, so those that time frame
is the second point. The third point is really important
(08:00):
for me is document what you're doing. So when you're
sitting in the role, you'll so busy doing the role
and trying to do it properly and do it well.
Because you're new at it, you forget. But really interesting
for your CV because you've actually covered, stepped up, you're
doing more more responsibility. Now more importantly, if you actually
do get some achievements in that role. Just log those
(08:23):
as well, because you will forget those. But when it
comes to payroll time and you need to put a
proposal to the boss, it's very important to put that now.
The other thing is regular check ins of your boss.
Will asking for a fortnightly or a monthly meeting ever,
just to check and ask that question, how am I going?
Are you happy? Is anything I can do better? Those
(08:45):
are the three questions you should be asking your boss.
Speaker 2 (08:48):
See that's four. Actually I think that was larity time
frame document. I thought you said we had five for you.
Speaker 3 (08:53):
You have wait for it. In case you get your
butt have more wait for them. There's more. Evaluate your
options is the fifth one. So if at the end
of a period of time you're getting nowhere, there's no
pay rise, or you're not getting a promotion, there's no
talk of promotion, then I think you need to evaluate
what you're going to do. Now. What you could do
(09:15):
is put a formal proposal to your boss and even
put that in writing, saying, look, I've stood up, been
up here in this role for a period of time.
How about you know we give some consideration to me
moving up, or maybe we're making a role here for example,
you're filling in for your boss who's away, and you're
filling in for his role, Then put say to it,
(09:35):
why don't you say the propose that you get a
pay increase for that period of time you do step
up from time to time to give your boss more
time off and make the place more productive.
Speaker 2 (09:47):
Okay, if I in a way so like, I look
at some of those and if somebody did do all
that and I was an employer, I'd be thinking, oh gosh,
that persons so high maintenance. I just asked him to
do a couple of extra things, and now he wants
to get paid more. Is he wants to me to
have regular check ins with him? So needy? What a pain?
Speaker 3 (10:08):
Well let me just I guess and evaluate the options.
Is another point I want to make here is maybe
you consider moving on that's going off and having to
look at another role. Because if you ain't going to get
anywhere in your own business and you've had a test
run and nothing's happening, well you might have to think
about that. But look, the other thing is your approach
to your boss. There's nothing worse than a winging, moaning, complaining.
Speaker 2 (10:29):
That's the catch, isn't it. It's how to be that
employer who stands up for themselves without being that employee
who's just like, oh, here they come again. What's the problem?
Speaker 3 (10:37):
Yeah, you know exactly. So the way to approach that
is to look at it from them boss's perspective. The
word that they love to hear bosses is I'm making
this role more productive. I'm getting more out of the
other guys. I'm actually using my initiatives a lot more.
Those sort of things. Put that in front of the
boss and saying, look, I think I'm actually doing well
(10:59):
for you here. What's your thoughts on this? And they
do lap it up, and particularly if they and identified
it and you have you consist put it, they actually
think later on, oh I thought of that. But you
could say initiative, I'm using it. The fact that I'm
more assertive with the workers and they're actually producing a
lot more and working right up to the timeline rather
(11:21):
than going off and washing their hands before the end
of the day. You know, those sort of things are
saying I really am getting this place working a lot
better and smoother. The relationships with the workers is better
than it was. You know, those sort of things sell yourself.
Speaker 2 (11:33):
Keeping the record of what you're doing is not many
people would probably think of that, would they They'd just
be doing their job. Just keep a diary, just this
is what I did today, or these are the extra
things I did, and just keep a casual note, not
like you're looking to take it to the employment sort
of quarter.
Speaker 3 (11:49):
Yeah, but yeah, And the idea is not to sit
there and go, look how great I am. It's goat
to put it in a context, which is good for
the boss. You're saying, I actually have noticed in the
past that this and this isn't happening. So I've taken
initiative your boss and done this and this and this.
I hope you don't knowing that they'll be so pleased
with you. But it's actually just to bring it to
their attention. Now the boss may not even say well done,
(12:12):
but I'll tell you what, they'll take it away.
Speaker 2 (12:14):
There's also advice for employers on this side of things too,
because you can probably avoid having an employee sort of
be nipping at your heels on this stuff if you
just say, hey, look, i'd like you to take on
some extra responsibilities and this is how it's going to work.
And if the employer is clear with the employee, then
that gives less sort of room for disgruntlement and misunderstanding
(12:36):
and all that isn't it well?
Speaker 3 (12:38):
And the other factor is give it a go. If
somebody is stepping up for a period of time, you
actually want to need to grow your workforce. And if
you're going to give somebody a go in that senior role,
give them a go, give them some appreciation for it,
and chose some gratitude for it as well. And it
may be just a temporary Oh look, I'm happy to
give you an extra twenty dollars a week, or maybe
one hundred dollars a week. Whatever the help, whatever the
(13:00):
role is. But those things will always help. And of
course it runs both ways. So you're going to get
more productivity, you're going to get a more excited workforce,
and you want people.
Speaker 2 (13:10):
Actually you are.
Speaker 3 (13:11):
Going to go there's an opportunity for me you make
perhaps in the long run.
Speaker 2 (13:14):
Okay, look, we'd love to take your calls as well
as to I mean, you are you in that situation where,
because of the shrinking workforce at your place, you've had
to take on more responsibilities. You've got an issue you
like to run past not me, but Max on eight
hundred eighty ten eighty give us a call text nine
two nine two. But also Max is happy to help
you with any employment questions you might have or issues.
(13:37):
And they don't necessarily need to be legal about legal questions.
They might just be some pragmatic advice. And I don't
know how to bring such and such up, or I
don't know how to deal with this little issue because
I'm just afraid to make from my mouth. If you've
got any questions, we want to hear from you. Eight
hundred eighty ten eighty text nine. It's twenty one past
five News Talks.
Speaker 4 (13:57):
You'd be.
Speaker 3 (14:05):
Already apose just how to take.
Speaker 2 (14:11):
Conversation, guess, Welcome back to the news Talks of the
This is smart Money. We're talking employment issues with Max
Whitehead and let's take some calls, right Nicola, Hello, Hello, Nichola.
Speaker 4 (14:33):
Makes Hi Max. Hey, I've got a question about a
company sale. My son works for a company. They've advised
the staff that they're selling the company. They've got a buyer,
potential buyer that they're negotiating with. The leader that he's
received says, your employment under your current contract will come
(14:55):
to an end on the date which settlement occurs, and
that they're negotiating to keep the current employees with the
new owner. The wording in this letter says employment will
continue while negotiation is ongoing. Some staff at the company
(15:19):
are wondering whether this is the case of a redundancy or.
Speaker 3 (15:24):
Not, and it well could be. If in fact your
son loses his job, it could be a redundancy situation.
And of course the next question that comes with that, Nickeler,
is what compensation could he receive?
Speaker 1 (15:38):
Now?
Speaker 3 (15:38):
The answer to that question is whatever's in his contract.
If there's nothing written in there, there's not really much
they could do about it. Now. The other thing I
need to just clarify with you is the law requires
a seller of a business like this and your son's
current employer to advise them that they're going through this process,
and he's trying to comply with the law. Your son
(16:01):
could legitimately ask more questions, what's going on? Can I
send clarity in terms of my role please? And how
certain and secure is my role? And can I have
that by and put it in writing? Put it in
writing to them, Nicola. I think it's very important and
I can understand your son, you've and yourself being a
bit anxious about this.
Speaker 4 (16:19):
Yes, all right, okay, so it's a bit of a
case by case depending on the contract and this to do.
Use email and get some things in writing.
Speaker 3 (16:29):
Yep. And I would even ask can I please meet
with the potential new employer and they can meet me
and we can talk about what, you know, before they
make any decisions where they employ me, they can get
to meet me. I think that's a reasonable question. It
doesn't They don't have a legal obligation to do it,
but to put it in front of them and if
they said no, well we could look at you know,
(16:49):
not acting in good faith, but we could see how
that goes.
Speaker 4 (16:52):
Yes, all right, thank you, Max.
Speaker 3 (16:54):
Good luck, Nichola, Yeah, thank you.
Speaker 2 (16:57):
Thanks Nikola. Got lots of texts here because actually understand
what sometimes people don't want their voices on radio, but
they about these issues through a right. Okay, here we go. Question.
I'm on a three month trial. They can give me
twenty four hours notice to counsel my employment. Can I
do the same And this is the catch. My contract
(17:17):
says I need to give four weeks notice. Thanks James.
Speaker 3 (17:22):
Unfortunately you have to give four weeks notice. Yeah, that
really does seem unfair, and a quite often contracts say
that you some period. Some people actually have contracts to
say you're going to give three months notice and we
can say goodbye to you in one month.
Speaker 2 (17:38):
That seems a bit strange because that's the ninety day
termination clause to give employers the the I mean, sorry,
it's the you know, the first three months of a contract.
This is the government's broad in that thing that you
can terminate.
Speaker 3 (17:52):
So that's optional tim that it's only it's only enforceable
if the parties have agreed to it. Now, this is
the key to all these questions, because have you agreed
to have give three months notice or two months or
four weeks and you can continue. You can say to
your employer, hey, I'm not happy with that. I'd like
to have the same as you. Seems to be equal rights.
Speaker 2 (18:14):
Yeah. Actually, here's the thing. If you're in a job
of that nature, what remedies are there really for an
employer when you just go stuff? There's some matter here,
because I mean, it's just is it a meaningful clause
when they say we want four weeks notice? Because if
(18:35):
you're in that sort of contract, we are on a
three month trial and you don't like it. I mean,
if they say, well, look, we still want you to
stick it out, and you say, well, I'm not going to,
is there a way of you going well, there's a
reason I'm not going to.
Speaker 3 (18:47):
Because look, I mean I get to ask this question
by workers all the time. Can I look, I've got
another job lined up and they want me now, can
I just go and I go back to the thing,
what's your contracts? Say? Because you've got on a bound
of the contract. Now, if you're the employer right now,
and look, a lot of them be listening to this,
you can sue that worker for breach of contract, and
(19:08):
there can be some quite severe consequences for it. But
the cost to sue over a breach of contract quite
often the judiciary are pretty lenient and they'll just go
all okay when they could lose one week's pay or
two weeks pay and goodness, meaning it's no good to
any employer who's just spent thousands of dollars on litigation.
Speaker 2 (19:27):
Yeah, well, that's why I was wondering, because pragmatically, I mean,
what who wants to go through any legal process? Really?
You want the path of least resistance because you're running
a business. I had.
Speaker 3 (19:39):
A client who owned gyms right through New Zealand, and
with the gyms, they had a problem because people were
just up and walk off. They wouldn't give their notice period,
so it became such a problem. Max, we're engaging you.
The next time this occurs, we're going to sue them,
and we want to make an example to all the rest.
You bridge a contract, there's consequences.
Speaker 2 (19:59):
Actually, what does this remind me of? Oh, it reminds
me of rugby contracts when people went there some players
who are like, I want out and I'm just going
to go and play in Japan or something or whatever,
and they seem to just being able to allow to
do it. And I sort of like what I was thinking,
rugby union, why don't you just say no, actually no
you're not going or that whatever the union was. But
of course they would say, well, there's no point trying
(20:20):
to force a player to stay if they don't want
to be there. I'm I don't know, I'd like to
see someone try that out. YEA, Well, what are they
going to play badly and then reduce their own value?
Speaker 3 (20:27):
Well, you look at the top top top players, and
they pay millions of dollars or so for them to
come across. So you'll find that they've got some very
severe clauses in there, but they don't seem to be enforced.
Speaker 2 (20:37):
As one pointer. Sometimes they just I've.
Speaker 3 (20:39):
Seen employers come back and saying, look, I put it,
I've got a restraint to trade in. The worker who
I'm so pleased to see the backup has come to
me and said, what about the restraint? Bosses?
Speaker 4 (20:47):
Do it?
Speaker 3 (20:47):
Is that enforceable? And quite frankly, no, I reckon I'd
actually promote them to the opposition because that would help
me more. Okay, god's the cynic well that could be
saved with sport as well, couldn't it.
Speaker 2 (20:57):
Yeah? Indeed, yeah right, I'm just checking the time here,
it's twenty nine minutes to six. If I'm still within
my aunty day trial and I'm off on ACC for
two months, can my employer let me go under the
ninety day trial?
Speaker 3 (21:14):
And the answer that is yes. Unfortunately, they don't actually
have to tell you the reason, and can they do
it legitimately? It's pretty harsh that ninety day trial period,
it really is.
Speaker 2 (21:25):
But actually, if you're on ACC, You're still getting some
money through ACC, aren't you. How does that work?
Speaker 3 (21:29):
Lost lost income? You are and ACC will continue to
pay you. So that's really in your favorite to some
degree as well. But you know, the employee can say goodbye, sorry,
you're accident prone, you've got injuries. You're not actually coming
up to the post for way we want you, so cheerio.
Speaker 2 (21:49):
Okay, what about this? This is probably more of a
political question from Ken what happens when an employer wants
only slave labor immigrants so they don't have to comply
with the ra LS health and safety requirements. It's a
widespread issue. So this is basically just saying about employees
who aren't following the law, isn't it? Yeah?
Speaker 3 (22:05):
And that happens an awful light. So and it really is, unfortunately,
because I see a lot of it. It's where they
quite often it's not from an overseas employer. They come
from that particular country and they'll employ people knowing that
they can abuse them, and then they actually threaten them
as well. I mean I've had a case where I
called it slave labor, and it certainly was saying if you,
(22:27):
if you complained to anybody about this, then you'll be
deported and you get nothing. And also you're in breach
of your visa. You could find yourself locked up in
jail here. And of course the countries they come from
are pretty harsh regimes and they believe it, so they
just sit here and actually get paid below the minimum wage.
It's awful.
Speaker 2 (22:46):
Yeah, that is an awkward one because there's no the
incentive for a whistleblower in those circumstances. Well, there's not
much incentive, is it, Because you are in a job
which maybe is exploiting you, but you have employment. If
you blow the whistle, you're out of a job, and
(23:07):
who's going to thank you for it?
Speaker 3 (23:09):
And look, I mean that was going to make myself unpopular.
But I had five clients that came to me from
a liquor store and they were exactly what was happening.
They were getting about two dollars an hour yea, and
their visa said that they are and they were students
as well, they weren't supposed to be working the hours,
and they said, we have to. Our boss tells us
we have to work beyond that, and if we don't,
(23:30):
he's going to dob us in for breach of visas
and he's got us. And then I said, all right,
well look I can. I can act for you. But
of course it gets to a point even with me,
I can't do everything for nothing. So I said, go
to the Department of Labor. They can represent you. They
did that. Three years later, the Department Labor said, have
you been in touch of these guys? I said no,
I think they've gone back to their home country. And
(23:52):
they said, well, oh yeah, Well I've just won one
hundred and fifty thousand dollars between them, but they've gone
so it's too late.
Speaker 2 (24:00):
So how they won how much.
Speaker 3 (24:02):
One hundred and fifty thousand dollars between five of them?
Speaker 2 (24:06):
Well, actually, I mean it sounds like that's quite a
good award, but that's not gonna last. All.
Speaker 3 (24:10):
The thing is, tim is the judiciary are really bad here.
And I've got a client now, a well known New
Zealander that we all know, and she's had to wait
four years for the Employment Authority to come up to
say she had a case. That's all they did in
four years. And I've actually taken it to the court
now because we just can't believe how this has just
been stretched out for so long, So four years no
(24:33):
pay and she's asking just to be paid. And with that,
even the employment the judiciary even said that she has
to pay costs for actually asking other people to be accountable.
Speaker 2 (24:44):
Gosh. You know what it sort of highlights is that
if you can, if you can try and a step,
I mean, it's it's probably not a reasonable comment actually,
but just if you ever have to go to court
on something, it's it's just the least desirable thing. Always
try and I mean just communicate, communicate, communicating to get
an understanding.
Speaker 3 (25:02):
And that's that in terms of lawyer folks. So I
would concur completely with that, because it really is. I mean,
it's very nice to go around and threaten people. They
all take you to court. You don't step if you
step out of line. It's not peaches and cream. It
really can be difficult.
Speaker 2 (25:15):
Now because I mean there are things like the well,
of course, the disputes to be on heir, employment disputes
and there are so if you do want to take action,
whether you're an employer or an employee, it's expensive from
day one, isn't it.
Speaker 3 (25:31):
Oh yeah, because the low level judiciary in the court
is called the employment authority and they've become like a
mini High court and they conduct their hearings of such
a sophistication levels that you need. You'd be a fool
to go in there without having support and somebody to
guide you through it.
Speaker 2 (25:49):
And look, are you allowed a lawyer the employment authority?
Speaker 3 (25:52):
Yes, oh you are, yeah, And that's what they have
to do to survive. Otherwise your dog's dinner to anyone
who's on the other side, they would just each of
for breakfast. And the judics is stressful. The judiciary supports this.
A whole legal industry is like this right now. There's
no more justice for the ordinary man in the street,
ordinary man or woman in the street. It really is.
(26:12):
And there's a guy from the United Kingdom said this
over fifteen years ago. He said, there's no justice anymore
for common law for the average person. You have to
be very, very wealthy to get some advantages on it.
But that's the way mediation seems to go. I'm getting
worked up, worked up here, but this is the truth.
So in mediation it works out for the party. So
(26:35):
some party may be in a winning position. Say it's
a worker, Hey, worker, do you realize if your boss
appealed any decision we might make here that they could
take it off to so and so judiciary. Could you
afford that? How much would Max's costs be if you
had to supply defend yourself within that judiciary? Oh? X dollars?
I haven't got that. Well, then maybe you should just
(26:56):
settle for a few hundred dollars here.
Speaker 4 (26:57):
God.
Speaker 2 (26:58):
Yeah, that's a whole separate question, isn't it. What's the
most effective way to resolve an employment dispuite without it
costing either side a fortune?
Speaker 3 (27:05):
And that comes down to money, and that's not the
right thing it should be.
Speaker 2 (27:08):
Also the costs thing as well. The unfortunate thing is
that if you are you think you've got a legitimate grievance,
but say it doesn't go your way. You haven't taken
a vexatious claim, You've just taken them. You've tried to
stand up for yourself. But if you lose, you're up
for costs for the other side, aren't you. Which to
me it's true, which to me does feel wrong. I
wonder if that needs to be revisited.
Speaker 3 (27:29):
A little absolutely particular case I mentioned before, where a
person just as for their wages. Yeah, and she's got
a cost now of sixteen thousand dollars to the judiciary
for asking for wages, and four years later it hasn't
received a cent blind assent.
Speaker 2 (27:43):
Right, We'll take your calls though, all your text. We've
got plenty of a few text questions to get into
as well. If you want to give us a call
and jump, you will jump the queue and be next up.
It's twenty two minutes to Sex News Talks.
Speaker 3 (27:53):
D B, a part of from Now, From now, Yeah,
get hold of me. It does z B, but no,
give me a call. We'll go dub dub dub, Whitehead
Group dot co dot NZ or just give me a call.
On twenty four to seven ninety three ninety three.
Speaker 2 (28:11):
There was an eight hundred before that. Isn't that?
Speaker 3 (28:13):
There is no? Yeah, you got me right, eight hundred
What is it?
Speaker 2 (28:16):
I eight hundred twenty four seven ninety three ninety three,
which is quite easy to remember because our text is
nine two nine two and so it's just inflationary on
that nine three nine three. So I eight hundred twenty
four seven nine three nine three.
Speaker 3 (28:28):
Go there we go. Oh, so please for the facts
talk to Tim.
Speaker 2 (28:31):
Yes, right, question for Max finished job end of March five,
weeks holiday pay received approximately half in April, but nothing since.
Despite a number of emails to employer, no further money received.
Nora replies to my emails, what can I do? Thanks Katie?
Speaker 3 (28:49):
Right, there's consequences for that. You should get hold of
somebody like myself. And well, you can even lodge it
yourself as a wage areas claim. That's what it's called
wage areas claim. And you can lodge an application to
the employment authority and ask for them to intervene.
Speaker 2 (29:03):
Oh okay, so it's not such a litigious situation. It's
more of a here's my wages they haven't paid me, boom.
Speaker 3 (29:10):
Boom, and what should happen? First, I've asked for Actually,
you can do this at all. At the same time,
ask for the wage and time records. Your employer's got
to give it to you, and that should specify how
much money you've been paid. Then you've got a formal
record of it. If your employer fails to provide that,
that's another there's another problem for the employer. That's another penalty.
(29:31):
So you get some advice on this. If you're finding
this a bit complicated. If not, go to the online
and you can lodge an application yourself with the Employment
Relations Authority.
Speaker 2 (29:40):
Okay, good stuff, right, here's another one. This might be
a tax question. I get paid a car allowance by
the company. I know other companies give part of this
tax car allowance is tax free. However, my company will
not pay any part of this allowances tax free. In
other words, they're giving them the money, but there taxing.
At Where do I stand and who do I speak
(30:01):
to to rectify this? Because it does sound like you
expe I.
Speaker 3 (30:05):
Think it takes expenses though, and it's arguable with the
IID what's compensation? But this sounds very much like compensation.
So if you're using your own vehicle and they're giving
you a car allowance, then you're being compensated. Means you're
not making profit out of it. You're being compensated. And
if the IID recognize that. By the way, the IID
even publish what is a reasonable rate for you to
(30:27):
be paid? So I think there's a lot of support
for you within the IID to say that it's a
tax free amount amount of money. But look, go and
ring them and contact them and ask them that question.
Speaker 2 (30:38):
Actually, the ID probably quite helpful with that. I would imagine.
And also if you've got that response from the inland Revenue,
they might be able to provide you with a letter
just saying this is not necessary. And then you know.
Speaker 3 (30:49):
They used to provide a guidance online for what is
reasonable compensation for using a vehicle.
Speaker 2 (30:54):
I'm sure they probably still do. Actually, but yeah, I'm.
Speaker 3 (30:56):
Sure they do because it's a common common matter.
Speaker 2 (30:59):
I found that every time, by the way I found
whether I have to deal with the ID and if
they've asked me a question, I come back to them
and chat with them. It's that I've always found them
thoroughly reasonable to deal with. I think the idea that
the taxman is like having a conversation with the executioner.
Speaker 3 (31:15):
You know, I think the days have gone. But the
other thing is if you've got a friendly accountant, you know,
or somebody who's wealthy in that world, and we'll go
and talk to them. But certainly compensation, say the word compensation.
I'm being compensated for using my own vehicle.
Speaker 2 (31:28):
Okay, this one, oh, I think this is a curly one.
I if somebody's on a casual contract and goes permanent
after they've been with the company for more than three months,
so okay, they'm in casual for a few months, then
they go permanent. Does the ninety day trial rule apply
the or.
Speaker 3 (31:47):
The answer to that is no, unless you've agreed to it.
So a couple of things of the ninety day tripoo
you have to be a brand new employee. You can't
do it for a day of work, or you come
back and work for them once before, so that that is.
And also you've got to agree to it. It's got
to be in writing, and you've got to sign off
agreement to it.
Speaker 2 (32:05):
Okay, So I'm guessing if somebody on account I'm just
rereading this text, yes it doesn't apply, but make sure
you don't sign anything that does.
Speaker 3 (32:14):
Because many casual contracts out there with no ninety day
troll period. So you probably haven't got one.
Speaker 2 (32:18):
Okay. Hi an employment question, Well that's good because that's
what makes us here. For my contract, says employer, key
we saber at three percent no reference to as required
by law. I'm nearly sixty five. Can they stop keiwi
saber on my sixty fifth birthday? Or doers the contract
(32:39):
still cover it because it specifically says three percent key
we saber, So I think the law is that with no,
with no proviso that they don't have to pay a
contribution after sixty five. But does the contract stipulating it
without any other reference, does that change the game.
Speaker 3 (33:00):
There's a clear rule here, Tim, and I'm sure you
know what I'm going to say here.
Speaker 2 (33:04):
No, don't.
Speaker 3 (33:06):
You can't contract outside the law. So if the law
says that you don't get key we Saver after the
age of sixty five, then you don't, and they can't
write a contract that says otherwise and then take that
money off you.
Speaker 2 (33:19):
So I mean, hang on, say that again. I get
my head.
Speaker 3 (33:22):
Can't contract. You can't contract outside the law. You can't say,
for example, I'm writing a contract here and you can
go and murder someone it will if you wanted to.
So that's what I'm saying is you can't contract outside
of law. So something like the key we Saver and
we're going to keep taking it out of your pay
when the law doesn't allow them to. So first off,
there's the wages protection it that prevents employees from taking
(33:45):
helping themselves to your pay.
Speaker 2 (33:47):
Oh, actually, I guess I was reading into this that
they pay extra on top of your normal rate too
as a contracted thing to cover key we saver as
opposed to taking it. Maybe you're right, so that would
be different.
Speaker 3 (34:01):
They've written down key we saber, haven't they know.
Speaker 2 (34:05):
Because that comes out of your pay as opposed. Oh no, okay,
I think they're talking about an employer contribution. That'll be it.
So there's often a contract where you have you know,
you're putting four, three or four percent, and the employer says,
and we'll top that up as well as part of
your contract by another three or four percent. Okay, that's
the question.
Speaker 3 (34:25):
So in that particular case, if it's in your favor
and the law, the employer can provide you as extra
money as much as they like.
Speaker 2 (34:36):
But if it's in this contract, even though they're turned
sixty five, unless I'd think you'd still get it. It's
part of your employment. But it does sound slightly content,
but it's.
Speaker 3 (34:44):
Taking it out of your paint. No, but certainly for
them to give you extra money, they probably still didn't
pay you. Go back and say, look at the contract.
Speaker 2 (34:52):
Okay, I think we found our answer there, didn't we.
Speaker 3 (34:54):
Well, we doubled around.
Speaker 2 (34:56):
We eventually Hi, my employer of fourteen years went into receivership.
I requested my employment contract, but they were unable to
locate the contract. My employer agrees on the fact that
there was a contract signed on employment and we have
re signed a new copy of the contract. I had
a redundancy clause in the contract. Our contracts were canceled
(35:17):
by the receivers and we signed new contracts with the receivers. God,
this is complicated. I left the business after two months
with the receivers and the businesses now closed. The receivers
have not offered me my redundancy in my preferential claim.
Do I have a right to the redundancy? Oh my god?
That did sound like a signing contract with the employer,
then resigning, then resigning a contract with the receivers.
Speaker 3 (35:38):
This is complicated, and the powers of receivers is quite enormous,
but it's actually been challenged recently. I think in the
employment judiciary a receiver actually exercising powers because they flicked
people off just a will. And I think you would
be worthy to get some proper come and have a
talk to me, or have someone to have a talk
(35:59):
with these and gives the facts as they can roll out.
Because this is quite complicated by the sound of it.
A receiver cancel a contract, Well, who says they can?
Speaker 2 (36:08):
That's quite weird.
Speaker 3 (36:10):
I mean if a receiver is trying to keep the
company still alive.
Speaker 2 (36:13):
Well, hang on, here's the thing that I think is
in this person's favor too. Our contracts were canceled by
the receivers and we signed new are new contracts that
probably didn't have the redundancy. Told well more for you then, okay,
that might be a proper It.
Speaker 3 (36:28):
Says you have agreed to not have it. So yeah,
that was possibly be right. And we stumbled on that
one as well.
Speaker 2 (36:35):
We got there it eventually. Hey, look we got to
take a break. It is nine minutes to six. This
is news Talk, said B. Yes, Newstalk, said b. This
is this is smart money with Tim Beverage. We have
but we have been chatting with and he's still here,
Max Whitehead.
Speaker 3 (36:55):
He won't leave.
Speaker 2 (36:56):
We can't get rid of him. Actually, we've got one
more quick text. Hi, there was wondering if a company
has a clause in an employment agreement that says the
employee can't work in that industry amount for x amount
of time after leaving the company. Well, it's a restraint
of trade clause. How enforceable are they? That's from leson.
Speaker 3 (37:14):
Depends on your role, the skill levels you've got. There's
a lot of depends that depends and did you enter
into that contract reasonably and fairly? Did we able to
get advice. There's quite a lot of conditions you need
to get further advice on this, but be wary of
them because a lot of people today think they're not enforceable,
and they're actually there as big consequence as you get
(37:34):
it wrong.
Speaker 2 (37:35):
The courts don't like these clauses very much.
Speaker 3 (37:39):
What's the word, not in the public interest, because it
really is preventive. It's anti I mean the court's supposed
to well, they do recognize that it's good to have
a good society that is actually competing, particularly in businesses.
Speaker 2 (37:50):
And actually, if you are negotiating contract, you should start
with that line saying, I see you've got a restraint
of trade clause. Your advisors will tell you these are
not in the public interest, So let's talk about this
clause and what exactly you want.
Speaker 3 (38:02):
To I get asked the question all the time. You
just critique this this contract, for this employment agreement for
me and folks, I'll do that for you out there,
and I don't charge just for a quick look. But
when I see a restraint of trade, I go caution, caution, caution.
I've even told very good friends, do not sign this contract.
Speaker 2 (38:19):
But the other moral of the story, I think from
this hour is that if you have a contract in
place and your employer wants to offer you a new contract,
just don't sign it. If it's eroding your rights. It
gets some advice or something, you know. We've had a
few examples on that where people might have signed a
new contract doing away with their redundancy.
Speaker 3 (38:39):
And here's the big news to a lot of people
don't realize this. If you're offered a contract, you can
negotiate it the Employment Relations Act. That means the law
encourages you to negotiate it. And if your employer doesn't
want to play ball with you, he's got to act
in good faith. You've got to do it for the facts.
You talk to Max, So give me a call.
Speaker 2 (38:57):
God, he's got the slogans. You can call them at
I eight hundred and twenty four to seven ninety three
and ninety three, or just google Max Whiteheady. He's easy
to find anyway. Hey, thanks, nice to see him, Max.
Speaker 3 (39:09):
That was great to come and I really enjoyed it.
I just say quick hello to Frank and Carol and
I had a cup of tea with him today.
Speaker 2 (39:14):
Excellent, excellent, and thanks my producer Tira Roberts. Job Tyra,
and we'll be back with you again, same time next weekend.
Check out the podcast News Talks we website or eyeut
radio look for the Weekend Collective, enjoy the rest of
your evening. Sunday at six is next.
Speaker 1 (39:39):
For more from the Weekend Collective, listen live to News
Talk said Be weekends from three pm, or follow the
podcast on iHeartRadio.
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