September 9, 2024 • 15 mins
Gareth Abdinor is an Employment, Workplace & Information Expert and Director of Abdinor Employment Law.
He regularly joins Simon Barnett and James Daniels to answer listeners' employment related questions.
Today, being asked to work weekends when you have always worked Monday to Friday, restraint of trade in redundancies, and CCTV footage, among other things.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:06):
You're listening to the Simon Barnett and James Daniels Afternoons
podcast from News Talk ZEDB.
Speaker 2 (00:12):
You know the man Gareth abden Or. He's an employment,
workplace and information expert. He's director and founder of Abdenor Law,
and he joins us every fortnight and he's back with us.
God day, garethday, Gareth good. Hey, guys, what time do
you eat?
Speaker 3 (00:26):
Well? These people are eating dinner at nine o'clock? Common
bid buddy, what are you old?
Speaker 2 (00:32):
Yea said guy? Key there we've found Sheldon Cooper.
Speaker 4 (00:38):
Right.
Speaker 2 (00:38):
If you've got a question for Gareth O eight hundred
and eighty ten eighty is his number, or you can
text your question you prefer it, just text ninety ninety.
Speaker 5 (00:47):
Two and someone's done that already high signed James and Gareth.
Give me some advice please. My employer wants me to
start working rosted Saturdays once every two months, even though
my JD my job description says Monday to Friday. Can
they do that? How can I get out of it?
Speaker 3 (01:06):
I wouldn't want to be doing that either, to be fair.
It's a bit of a tricky one and I guess
it depends on why the employer is wanting this person
to do that? Is it because they can't get someone
else to do it? You? Generally, if your hours are agreed,
(01:30):
you don't have to change them. But as I say,
quite often, if you don't agree to be flexible, the
riskers that they will disestablish your position and create a
new one that also has hours on the weekend. So
see if you can get a compromise. Some employment agreements
(01:51):
do have applause that they can vary the hours if necessary.
But again, the employer's got to be reasonable. So do
you not want to do it because you have commitments
on the weekend or just because you're like you're sleeping,
Really depends. If you've got commitments, you've got a pretty
good argument that you can't do it, and maybe the
(02:12):
employer's got to look for someone else.
Speaker 2 (02:14):
Right. This is almost a similar question from Ben. He says, Hi, Gareth,
my wife has a contract for forty four hours per week.
The company has asked everyone to agree to cut their
hours back to thirty five hours per week, and that
will save five roles with the company. The boss maintains
her job is not one of the five roles in question.
(02:34):
Does she need to agree to the cut hours to
save someone else's job.
Speaker 3 (02:39):
Well, no, she doesn't, but as always, there may be
a consequence, not least of which if it gets out,
everyone may hate her, right.
Speaker 2 (02:50):
And that's that is actually a genuine consequence, isn't it.
She goes, well, I'm not.
Speaker 3 (02:55):
Now, I mean the employer. I can't go and tell
the rest of the stuff. But these things have a
way of getting out. I think a more practical approach
be to go back to the employer and say, well,
how long do we need to agree to this reduction?
Because it should only be for a temporary period. I
(03:15):
certainly don't think it's reasonable to agree to it definitely
and definitely, so maybe see if you can agree to
it for three months. You know, if business doesn't pack
up in three months, well maybe those other roles do
need to go.
Speaker 2 (03:30):
That's a good suggestion actually, so hopefully that person will
take that on board.
Speaker 5 (03:33):
Down Joe has text us and says, Hi, Gareth, now
have you, Gareth? Do you know the term permanent management units?
Does that make sense to you? I haven't come across that.
Speaker 3 (03:43):
I think that might be in the education for you.
Speaker 5 (03:46):
Okay, that's what it is, he says. Many of us
at a public intermediate school have permanent management units. Our
principle has told us that he is downgrading all of
these to fixed term units that we have to apply
for annually, or he has removed some altogether. Can he
do this with permanent management units.
Speaker 3 (04:06):
That's a great question and a difficult one to answer
with the information we've got a lot of. That's going
to depend on what's in the relevant employment agreement, whether
it's an individual or a collective agreement. And as always,
the principle will need to follow a fair and reasonable process.
(04:28):
Certainly from what the text is said, there may be
grounds there for not following a fair process.
Speaker 2 (04:37):
This is an excellent question. I'm actually intrigued at the answer, Trevor.
Thanks for texting it in. Hi, guys. If you are
made redundant, Gareth, can they then also insist on a
restraint of trade clause?
Speaker 5 (04:49):
It's a great question.
Speaker 3 (04:50):
It's a great one, and I often get asked this question,
and there's a lot of people out there that have
got the wrong idea on it. Yes, an employer can
potentially rely on a restraint of trade even if they
make you redundant.
Speaker 2 (05:06):
Seems horribly unfair. Can I say it does.
Speaker 3 (05:08):
It does definitely. I think what people often forget is
that the reasonableness of a restraint is determined at the
time you enter into it, not at the time your
employment ends. And that's a legal principle of course. It
really comes down to the circumstances. So while the legal
(05:29):
test as to reasonableness depends on when you enter into it,
in practice you normally look at what the circumstances are
when you finish up. Now, if an employer is genuinely
making someone's position redundant because the business is struggling, well,
then it kind of follows that they'd want to prevent
(05:52):
unfair competition against the business. But it does make it
pretty difficult if this means someone can't work, So you
really need to look at all of the factors. But
just because someone's being made redund it doesn't automatically mean
the restraint is not enforcible.
Speaker 5 (06:10):
Wow, a lot of people think that, Yeah, I did amazing,
all right. Another text here says Hi Gareth. When an
employee is serving the notice period and they call in
sick using their sick leave during the notice period, does
it get counted? Does it need to be worked? Meaning
that the employer can extend the notice period for the
(06:30):
sick days or other leave taken.
Speaker 3 (06:33):
No, I've never heard of that happening and not extending it.
I'd be very surprised if the employer could get away
with that. Of course, if someone's working their notice period
or let's say, not work in their notice period by
calling in sick, and you don't you don't believe it's genuine.
(06:54):
As an employer, you can definitely make further inquiries. And
I have had situations where someone resigns and during their
notice period behaves in such a way that they can
be dismissed, so so you do need to be careful.
Speaker 2 (07:09):
This is such an intriguing segment. Thanks Gareth for your time.
Joined by Gareth Abdnor and Clive's given us a belt.
Hey Clive here, good mate, Thank you. Gareth is listening in.
Speaker 4 (07:20):
I've been given a notice es today of possible to
redundancy but over my period that I've been working for
this company, even if you paid time and a half
on public holiday, and the sort of response that I
sort of got at the time was that we don't
pay time and a half on public holiday. We will
just pay you the time that hours worked and we'll
(07:41):
pay you the day in loup, which I've just found
out sort of earlier that it actually has to accumulate
unless you agree to be paid out.
Speaker 3 (07:50):
But now it sounds like you've potentially got some leverage there,
and if you haven't, if you think you've been underpaide,
you should certainly be raising it.
Speaker 4 (08:05):
You know, I have actually raised this concerned a couple
of times and with my workmates and of showing the
legislation of screenshow the legislation show them, and sort of
got nowhere, just just sort of the same responses, we
don't pay that.
Speaker 3 (08:20):
Yeah, wow, if they're not paying what they have to
pay you, you might want to give a call to
the labor inspector. And I'm sure they'd be quite interested
in that if they're not raise a personal grievance. That's
that's what the process is for.
Speaker 2 (08:36):
And I'm presuming a labor inspector wouldn't cost Clive any
money that anybody.
Speaker 3 (08:39):
Knows it doesn't cost any money. Of course, they you know,
they've got limited resources and so they don't take every
case on. But if this is a situation where everybody
is being underpaid, I expect they will be interested in that.
Speaker 4 (08:56):
Yeah, yeah, well that is that is correct, and the
other boys so that they really speak up. Yeah, and
on one speaking up. And I've sort of got this letter.
Speaker 3 (09:06):
But you know, maybe don't bang the drum too loud
until you find out if they are actually going to
make you redundance or not, because if you get through
that process, then perhaps you can raise it. Of course,
if they're going to make you redundant. Nothing to lose
by going official.
Speaker 2 (09:26):
Good work, live, good luck.
Speaker 3 (09:27):
Good luck.
Speaker 2 (09:28):
Hello, justin Yeah, Hi there, Garet's ready for your question.
Speaker 6 (09:34):
Yeah, hang on with good luck, good luck. Yeah. It's
just a random one about leave, about sick leave. So
this is for John Doe. The person is anonymous. Do
want to name any names or anything or places? So, okay,
someone's taken a day off sick and it's there, they've
got no sick days. They've taken a sick day, and
(09:56):
they person said, oh, would I be able to take
one of my days of leave? So they've got like
five and a half weeks of annual leaves there. The
employers turned around and said, oh no, we're not going
to let you do that. You can just go leave
without pay now the employer also said a while back
or they were pushing hard for everyone to use that
(10:18):
or there to use their annual leave, and there's this
big thing, you know, everyone's got to use their leave
and blah blah blah. And so now this has happened
and they're like, oh, no, you can't take one of
your days of leave.
Speaker 3 (10:29):
That seems a bit contradictory, doesn't it.
Speaker 6 (10:32):
Yeah.
Speaker 3 (10:33):
Yeah, as always, the employer has to act fairly and reasonably. Now,
if this John Doe or Jane Doe has a whole
lot of leave that they are entitled to, on the
face of it, it seems unreasonable not to let them
take it when when they sack. I guess the only
(10:53):
situation I could think of is if the employer suspects
the sick leaves not genuine. But yes, this isn't the
way to deal with it. So no. You know, if
if this person feels like they've been hard done by,
they should raise that and say, well, I don't think
this is fair and reasonable. Why won't you let me
(11:16):
take the annual EVE and see what the employees is.
You know what people forget is if an employee feels
that they've been treated unfeely. It's up to the employer
to justify what they've done, so put it on them.
Speaker 2 (11:31):
Very good, Thank you Justin for your call. Angela High There.
Speaker 7 (11:36):
Hi Garris. I work at a school and I'm employed
term time only, so no school holidays and I don't
get paid for school holidays. If I'm wanting to resign,
I have to give four weeks notice. If I do that,
say next week, that's two weeks of term, and then
the second two weeks would have fallen to the school holidays.
(11:57):
Does that count as my notice period in the school
holidays or will they make me come back and work
the two weeks of the first term.
Speaker 3 (12:05):
Yeah, that's a great question. Without actually looking at the contract,
I'm really taking an informed guess. But my initial view
would be four weeks is four weeks, and if that
includes four weeks turn break in four weeks term time,
(12:28):
well well that should be enough. But there may be
fish hooks in the contract, So look at the contraction.
Speaker 7 (12:35):
I can't Yeah, I can't see that there's anything in
the contract under notice period. It just as four weeks
contract employed term time only.
Speaker 3 (12:45):
I mean what I often seduced to people is rather
than burning the bridge and then having an argument over it.
A good approach is often to say to the employer, Hey,
I need to resign. I know I have to give
four weeks. That would mean my last day is X.
(13:05):
I wanted to touch base with you first so that
we could discuss it. That certainly it makes you look
reasonable and it gives you weggle room, and then you
see how the employer is going to react as well.
Speaker 2 (13:18):
Very good, best of luck with that. ANGELA good question too.
It's nine to four. We're going to try and squeeze
in two more, Gareth if we can.
Speaker 5 (13:24):
Okay, my employer is wanting to put a new CCTV
in the workplace, and what are their obligations around the
content and my rights if anything came back on me
for what has said? Gossip was so.
Speaker 2 (13:38):
Video cct and audio.
Speaker 3 (13:40):
Okay, yeah, wow, that's a good one. Really comes down
to why the employer is wanting to do this. Is
it a safety sensitive workplace? Have there been thefts? Is
product disappearing? It's quite unusual for employers to be able
to justify sound recording as well as video recording. Usually
(14:01):
it's only video recording, but there may be a particular
reason for it, and the employer needs to justify that.
There should also be appropriate safety constraints on sorry, security
constraints on who can access that footage, how long it's
kept for, etc.
Speaker 2 (14:20):
That's very fair. Last question, Annie, it's a great one. Hi, guys,
I've been offered a new part time job and I've
accepted verbally. Gareth, I've had a few hours training in
the position. Last week, I received the contract and the
letter have offered to sign yesterday. I haven't signed it yet.
The problem is I've just today been offered a better
job with better pay and more hours. Do I need
now to give notice? Given the verbal yes?
Speaker 3 (14:44):
Oh that's fantastic. Generally, if you've verbally accepted, you've accepted.
But you know, I think raise it with the company.
They're most probably going to be miffed. But if you
haven't actually started, what damage have they suffered?
Speaker 2 (15:06):
So well, that's a good thing to say, what damage?
If they said, yeah.
Speaker 3 (15:09):
I'm pretty sure you can usually come to an arrangement
in a situation like that.
Speaker 5 (15:14):
They wouldn't want an unhappy.
Speaker 3 (15:15):
No, No, they wouldn't, but I suspect they must probably
be upset.
Speaker 2 (15:19):
Yeah, Gareth, it is brilliant having you. Thank you very
much for your time. Just to reminded, Gareth's website as
abdenor law dot enz and the content of the segment
as general and nature and is not legal advice and
information discusses not intended to be a substitute for obtaining
specific professional advice and shouldn't be relied upon as such.
Speaker 1 (15:36):
For more from Simon Barnett and James Daniels Afternoons, listen
live to news talks ed be or follow the podcast
on iHeartRadio.
You're listening to the Simon Barnett and James Daniels Afternoons
podcast from News Talk ZEDB.
Speaker 2 (00:12):
You know the man Gareth abden Or. He's an employment,
workplace and information expert. He's director and founder of Abdenor Law,
and he joins us every fortnight and he's back with us.
God day, garethday, Gareth good. Hey, guys, what time do
you eat?
Speaker 3 (00:26):
Well? These people are eating dinner at nine o'clock? Common
bid buddy, what are you old?
Speaker 2 (00:32):
Yea said guy? Key there we've found Sheldon Cooper.
Speaker 4 (00:38):
Right.
Speaker 2 (00:38):
If you've got a question for Gareth O eight hundred
and eighty ten eighty is his number, or you can
text your question you prefer it, just text ninety ninety.
Speaker 5 (00:47):
Two and someone's done that already high signed James and Gareth.
Give me some advice please. My employer wants me to
start working rosted Saturdays once every two months, even though
my JD my job description says Monday to Friday. Can
they do that? How can I get out of it?
Speaker 3 (01:06):
I wouldn't want to be doing that either, to be fair.
It's a bit of a tricky one and I guess
it depends on why the employer is wanting this person
to do that? Is it because they can't get someone
else to do it? You? Generally, if your hours are agreed,
(01:30):
you don't have to change them. But as I say,
quite often, if you don't agree to be flexible, the
riskers that they will disestablish your position and create a
new one that also has hours on the weekend. So
see if you can get a compromise. Some employment agreements
(01:51):
do have applause that they can vary the hours if necessary.
But again, the employer's got to be reasonable. So do
you not want to do it because you have commitments
on the weekend or just because you're like you're sleeping,
Really depends. If you've got commitments, you've got a pretty
good argument that you can't do it, and maybe the
(02:12):
employer's got to look for someone else.
Speaker 2 (02:14):
Right. This is almost a similar question from Ben. He says, Hi, Gareth,
my wife has a contract for forty four hours per week.
The company has asked everyone to agree to cut their
hours back to thirty five hours per week, and that
will save five roles with the company. The boss maintains
her job is not one of the five roles in question.
(02:34):
Does she need to agree to the cut hours to
save someone else's job.
Speaker 3 (02:39):
Well, no, she doesn't, but as always, there may be
a consequence, not least of which if it gets out,
everyone may hate her, right.
Speaker 2 (02:50):
And that's that is actually a genuine consequence, isn't it.
She goes, well, I'm not.
Speaker 3 (02:55):
Now, I mean the employer. I can't go and tell
the rest of the stuff. But these things have a
way of getting out. I think a more practical approach
be to go back to the employer and say, well,
how long do we need to agree to this reduction?
Because it should only be for a temporary period. I
(03:15):
certainly don't think it's reasonable to agree to it definitely
and definitely, so maybe see if you can agree to
it for three months. You know, if business doesn't pack
up in three months, well maybe those other roles do
need to go.
Speaker 2 (03:30):
That's a good suggestion actually, so hopefully that person will
take that on board.
Speaker 5 (03:33):
Down Joe has text us and says, Hi, Gareth, now
have you, Gareth? Do you know the term permanent management units?
Does that make sense to you? I haven't come across that.
Speaker 3 (03:43):
I think that might be in the education for you.
Speaker 5 (03:46):
Okay, that's what it is, he says. Many of us
at a public intermediate school have permanent management units. Our
principle has told us that he is downgrading all of
these to fixed term units that we have to apply
for annually, or he has removed some altogether. Can he
do this with permanent management units.
Speaker 3 (04:06):
That's a great question and a difficult one to answer
with the information we've got a lot of. That's going
to depend on what's in the relevant employment agreement, whether
it's an individual or a collective agreement. And as always,
the principle will need to follow a fair and reasonable process.
(04:28):
Certainly from what the text is said, there may be
grounds there for not following a fair process.
Speaker 2 (04:37):
This is an excellent question. I'm actually intrigued at the answer, Trevor.
Thanks for texting it in. Hi, guys. If you are
made redundant, Gareth, can they then also insist on a
restraint of trade clause?
Speaker 5 (04:49):
It's a great question.
Speaker 3 (04:50):
It's a great one, and I often get asked this question,
and there's a lot of people out there that have
got the wrong idea on it. Yes, an employer can
potentially rely on a restraint of trade even if they
make you redundant.
Speaker 2 (05:06):
Seems horribly unfair. Can I say it does.
Speaker 3 (05:08):
It does definitely. I think what people often forget is
that the reasonableness of a restraint is determined at the
time you enter into it, not at the time your
employment ends. And that's a legal principle of course. It
really comes down to the circumstances. So while the legal
(05:29):
test as to reasonableness depends on when you enter into it,
in practice you normally look at what the circumstances are
when you finish up. Now, if an employer is genuinely
making someone's position redundant because the business is struggling, well,
then it kind of follows that they'd want to prevent
(05:52):
unfair competition against the business. But it does make it
pretty difficult if this means someone can't work, So you
really need to look at all of the factors. But
just because someone's being made redund it doesn't automatically mean
the restraint is not enforcible.
Speaker 5 (06:10):
Wow, a lot of people think that, Yeah, I did amazing,
all right. Another text here says Hi Gareth. When an
employee is serving the notice period and they call in
sick using their sick leave during the notice period, does
it get counted? Does it need to be worked? Meaning
that the employer can extend the notice period for the
(06:30):
sick days or other leave taken.
Speaker 3 (06:33):
No, I've never heard of that happening and not extending it.
I'd be very surprised if the employer could get away
with that. Of course, if someone's working their notice period
or let's say, not work in their notice period by
calling in sick, and you don't you don't believe it's genuine.
(06:54):
As an employer, you can definitely make further inquiries. And
I have had situations where someone resigns and during their
notice period behaves in such a way that they can
be dismissed, so so you do need to be careful.
Speaker 2 (07:09):
This is such an intriguing segment. Thanks Gareth for your time.
Joined by Gareth Abdnor and Clive's given us a belt.
Hey Clive here, good mate, Thank you. Gareth is listening in.
Speaker 4 (07:20):
I've been given a notice es today of possible to
redundancy but over my period that I've been working for
this company, even if you paid time and a half
on public holiday, and the sort of response that I
sort of got at the time was that we don't
pay time and a half on public holiday. We will
just pay you the time that hours worked and we'll
(07:41):
pay you the day in loup, which I've just found
out sort of earlier that it actually has to accumulate
unless you agree to be paid out.
Speaker 3 (07:50):
But now it sounds like you've potentially got some leverage there,
and if you haven't, if you think you've been underpaide,
you should certainly be raising it.
Speaker 4 (08:05):
You know, I have actually raised this concerned a couple
of times and with my workmates and of showing the
legislation of screenshow the legislation show them, and sort of
got nowhere, just just sort of the same responses, we
don't pay that.
Speaker 3 (08:20):
Yeah, wow, if they're not paying what they have to
pay you, you might want to give a call to
the labor inspector. And I'm sure they'd be quite interested
in that if they're not raise a personal grievance. That's
that's what the process is for.
Speaker 2 (08:36):
And I'm presuming a labor inspector wouldn't cost Clive any
money that anybody.
Speaker 3 (08:39):
Knows it doesn't cost any money. Of course, they you know,
they've got limited resources and so they don't take every
case on. But if this is a situation where everybody
is being underpaid, I expect they will be interested in that.
Speaker 4 (08:56):
Yeah, yeah, well that is that is correct, and the
other boys so that they really speak up. Yeah, and
on one speaking up. And I've sort of got this letter.
Speaker 3 (09:06):
But you know, maybe don't bang the drum too loud
until you find out if they are actually going to
make you redundance or not, because if you get through
that process, then perhaps you can raise it. Of course,
if they're going to make you redundant. Nothing to lose
by going official.
Speaker 2 (09:26):
Good work, live, good luck.
Speaker 3 (09:27):
Good luck.
Speaker 2 (09:28):
Hello, justin Yeah, Hi there, Garet's ready for your question.
Speaker 6 (09:34):
Yeah, hang on with good luck, good luck. Yeah. It's
just a random one about leave, about sick leave. So
this is for John Doe. The person is anonymous. Do
want to name any names or anything or places? So, okay,
someone's taken a day off sick and it's there, they've
got no sick days. They've taken a sick day, and
(09:56):
they person said, oh, would I be able to take
one of my days of leave? So they've got like
five and a half weeks of annual leaves there. The
employers turned around and said, oh no, we're not going
to let you do that. You can just go leave
without pay now the employer also said a while back
or they were pushing hard for everyone to use that
(10:18):
or there to use their annual leave, and there's this
big thing, you know, everyone's got to use their leave
and blah blah blah. And so now this has happened
and they're like, oh, no, you can't take one of
your days of leave.
Speaker 3 (10:29):
That seems a bit contradictory, doesn't it.
Speaker 6 (10:32):
Yeah.
Speaker 3 (10:33):
Yeah, as always, the employer has to act fairly and reasonably. Now,
if this John Doe or Jane Doe has a whole
lot of leave that they are entitled to, on the
face of it, it seems unreasonable not to let them
take it when when they sack. I guess the only
(10:53):
situation I could think of is if the employer suspects
the sick leaves not genuine. But yes, this isn't the
way to deal with it. So no. You know, if
if this person feels like they've been hard done by,
they should raise that and say, well, I don't think
this is fair and reasonable. Why won't you let me
(11:16):
take the annual EVE and see what the employees is.
You know what people forget is if an employee feels
that they've been treated unfeely. It's up to the employer
to justify what they've done, so put it on them.
Speaker 2 (11:31):
Very good, Thank you Justin for your call. Angela High There.
Speaker 7 (11:36):
Hi Garris. I work at a school and I'm employed
term time only, so no school holidays and I don't
get paid for school holidays. If I'm wanting to resign,
I have to give four weeks notice. If I do that,
say next week, that's two weeks of term, and then
the second two weeks would have fallen to the school holidays.
(11:57):
Does that count as my notice period in the school
holidays or will they make me come back and work
the two weeks of the first term.
Speaker 3 (12:05):
Yeah, that's a great question. Without actually looking at the contract,
I'm really taking an informed guess. But my initial view
would be four weeks is four weeks, and if that
includes four weeks turn break in four weeks term time,
(12:28):
well well that should be enough. But there may be
fish hooks in the contract, So look at the contraction.
Speaker 7 (12:35):
I can't Yeah, I can't see that there's anything in
the contract under notice period. It just as four weeks
contract employed term time only.
Speaker 3 (12:45):
I mean what I often seduced to people is rather
than burning the bridge and then having an argument over it.
A good approach is often to say to the employer, Hey,
I need to resign. I know I have to give
four weeks. That would mean my last day is X.
(13:05):
I wanted to touch base with you first so that
we could discuss it. That certainly it makes you look
reasonable and it gives you weggle room, and then you
see how the employer is going to react as well.
Speaker 2 (13:18):
Very good, best of luck with that. ANGELA good question too.
It's nine to four. We're going to try and squeeze
in two more, Gareth if we can.
Speaker 5 (13:24):
Okay, my employer is wanting to put a new CCTV
in the workplace, and what are their obligations around the
content and my rights if anything came back on me
for what has said? Gossip was so.
Speaker 2 (13:38):
Video cct and audio.
Speaker 3 (13:40):
Okay, yeah, wow, that's a good one. Really comes down
to why the employer is wanting to do this. Is
it a safety sensitive workplace? Have there been thefts? Is
product disappearing? It's quite unusual for employers to be able
to justify sound recording as well as video recording. Usually
(14:01):
it's only video recording, but there may be a particular
reason for it, and the employer needs to justify that.
There should also be appropriate safety constraints on sorry, security
constraints on who can access that footage, how long it's
kept for, etc.
Speaker 2 (14:20):
That's very fair. Last question, Annie, it's a great one. Hi, guys,
I've been offered a new part time job and I've
accepted verbally. Gareth, I've had a few hours training in
the position. Last week, I received the contract and the
letter have offered to sign yesterday. I haven't signed it yet.
The problem is I've just today been offered a better
job with better pay and more hours. Do I need
now to give notice? Given the verbal yes?
Speaker 3 (14:44):
Oh that's fantastic. Generally, if you've verbally accepted, you've accepted.
But you know, I think raise it with the company.
They're most probably going to be miffed. But if you
haven't actually started, what damage have they suffered?
Speaker 2 (15:06):
So well, that's a good thing to say, what damage?
If they said, yeah.
Speaker 3 (15:09):
I'm pretty sure you can usually come to an arrangement
in a situation like that.
Speaker 5 (15:14):
They wouldn't want an unhappy.
Speaker 3 (15:15):
No, No, they wouldn't, but I suspect they must probably
be upset.
Speaker 2 (15:19):
Yeah, Gareth, it is brilliant having you. Thank you very
much for your time. Just to reminded, Gareth's website as
abdenor law dot enz and the content of the segment
as general and nature and is not legal advice and
information discusses not intended to be a substitute for obtaining
specific professional advice and shouldn't be relied upon as such.
Speaker 1 (15:36):
For more from Simon Barnett and James Daniels Afternoons, listen
live to news talks ed be or follow the podcast
on iHeartRadio.
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