This week on Ask The Expert, Gareth Abdinor from Abdinor Employment Law joined the Afternoons team to unpack questions.
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Speaker 1 (00:09):
You're listening to a podcast from News Talk sed B.
Follow this and our wide range of podcast now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdnor is an employment we're playing an information expert
and director of abdenaor employment Law. He joins us once
a month as part of our Ask the Expert series
to answer listener questions and is back with us live
from our christ Studio.
Speaker 3 (00:29):
Get a Gareth good, Hey, guys, how you doing so?
Speaker 4 (00:33):
One hundred eighty ten eighty. If you've got an employment
related question for Gareth Tyler, you've got a text there. Yes,
so Hi.
Speaker 2 (00:42):
If your contracts say pay reviews every year, Gareth, does
employer need to abide by this? Had no pay review
for four years? Please advise?
Speaker 3 (00:53):
Yeah. This is one that comes up all the time
because most employment agreements have this provision in it and
most employers forget about them. There is an argument that
if you don't remind your employer, it's a little bit
rich to say, well I haven't had one, because all
(01:13):
you need to do is ask. But yes, technically, if
it's in your agreement, it should happen. Of course, a
pay review doesn't mean you get a pay increase.
Speaker 4 (01:22):
Unfortunately, I always think about that. It's a strange thing
in contracts when they push for a pay review, because
what does that actually mean that you're forcing them to
sit down and talk about your pay but it's not
binding at all?
Speaker 3 (01:36):
Well exactly, I mean they look at it and who knows,
they may actually go, well, you know, we've looked at
it and we're not that happy with what you're producing.
We don't think it's worth what you're getting paid.
Speaker 4 (01:48):
Also, the pay review, can that go backwards?
Speaker 3 (01:51):
Well, they can't reduce your pay. They could look at
performance managing you.
Speaker 2 (01:55):
Yeah, yeah, reducing pay. I mean that would that would
send a message, wouldn't it. Actually, you can't do that
by by.
Speaker 4 (02:01):
Legislation to my pay review. If that's the case.
Speaker 2 (02:04):
Yeah, eighty is the number to call. You've got a
question for Gareth. Now is your opportunity. This text just
came through in the last couple of minutes. Gareth sees,
my daughter has just broken her shoulder and had an
operation and she was due to start work at the
end of the month. Can she claim acc from her
new job?
Speaker 4 (02:24):
Oh?
Speaker 2 (02:25):
Chep is that's a curly one.
Speaker 3 (02:27):
Yeah, so she hasn't actually started the new job yet.
Speaker 2 (02:33):
It appears she hasn't. No, so I'll just read that again.
She was due to start work at the end of
the month, right, but she at appears she hasn't started yet.
Speaker 3 (02:44):
Okay, Yeah, I'm not sure if she's if she if
she's still unfit to work and her new job starts potentially,
but that's something that I'd have to sit down and
look into. ACC is a tangled web.
Speaker 4 (03:08):
So hang on, un So you've got you can't work
at one job, and that goes on to your next job,
and you still can't work at that job.
Speaker 3 (03:15):
It's a bit it's a bit weird. I have to say.
I think we need more information.
Speaker 2 (03:18):
Yeah, it doesn't sound right from the you know, it
sounds unfear for the employer that this person hasn't started yet. Yes,
they've signed them on to the job, but then they
have to cough up? Was it eighty percent of this elf?
Speaker 3 (03:31):
I would be surprised if the new employer had to
pay anything. But ACC may cover this person.
Speaker 4 (03:40):
For a while, right, Oh, eight one hundred and eighty
ten eighty. You've got a question for Gareth on employment
workplace problems. Garth, Welcome to the show. Your question for
Gareth Hi, Gareth.
Speaker 5 (03:53):
My question is that I'm in sales, and when I
signed the contract with the employee, they advertised a job
that obviously with on target earning. When I took the role,
they don't have any stop to meet the on time
earnings or the commission structure attached. What can I do
about that?
Speaker 3 (04:12):
Well, first step, as I always say to people, raise
it with your employer. Say hey, this is this is
my understanding, this is what we agreed to. I'm now
being prevented from achieving those targets because of things outside
of my control. Where do we go from here? They
(04:34):
have to engage with you in good faith and see
if you can come to some sort of arrangement. If
you can't, you've potentially got grounds for acclaim. But that's
obviously going to be burning some bridges. So see if
you can come to an arrangement with your employer. First,
it sounds like it's not your fault. You can't do
anything about it if they don't have the stock, and
(04:55):
they'd be pretty unreasonable not to accept that.
Speaker 6 (04:59):
Yeah, brilliant, Thank you very much.
Speaker 2 (05:01):
Good luckily, good luck Yeah, great question. Oh, eight hundred
and eighty ten eighty is the number to call if
you want to tax through your question. Nine two nine
two is the number will place a few messages shortly.
Speaker 4 (05:11):
Okay, so we do one more text for the message
for that. How long can an employer withhold final pay
pending return of property and final paperwork being completed. That
seems like there's a bit of a story under that.
Speaker 3 (05:25):
Why aren't you returning the company property? I think that's
the real question there. Yeah, this is one of those
situations where in a lot of employment agreements, the employee
agrees that our final pay can be withheld until certain
items are returned. Of course, the legal position is a
(05:47):
little bit more tricky than that, and so yes, we
need more information. But if you hold company property in
you're not giving it back. Maybe the employers d titled
to withhold pay. Whether whether that's strictly legal or not,
it's another story.
Speaker 4 (06:05):
It sounds like a dangerous standoff right there.
Speaker 3 (06:08):
It does.
Speaker 2 (06:09):
Someone's got to make a move. That is, someone's going
to take a shot way or the other.
Speaker 4 (06:13):
I'd return the property, yeah, exactly.
Speaker 3 (06:15):
It's amazing how some people get awfully attached to their
work uniform for a place that they don't work it anymore.
Speaker 2 (06:21):
Yeah, might even be a work car. I mean, that's
something you want to give back.
Speaker 4 (06:24):
Oh one hundred, I'm never giving back the stapler that
I took home the other day.
Speaker 2 (06:28):
That is a very nice statement. I've got to say.
Eight one hundred and eighty ten eighty is the number
to call. We are joined by Gareth abden Or. He's
an employment, workplace and information expert and director of Abdenal
Employment Law. He has taken your questions you've got a
problem in the workplace. He's the man to chat to
if you're an employer that needs a bit of advice.
Now's your opportunity. Oh, eight hundred eighty ten eighty Kevin,
what have you.
Speaker 4 (06:47):
Got for Gareth?
Speaker 6 (06:49):
I was full time work, was involved in the little
of an accident pretty much. I had an excellent of
the work track. I got put from full time to
casule because no truck, no work. I'm trying to move
into another job. Am I appliach by the other employer?
Still stay with them? Or can I move into another
(07:11):
job with another employer?
Speaker 3 (07:13):
Yeah? And unless there's some sort of restriction medically on
the work you can do. I'm not aware of any
restriction that would prevent you from applying to move to
a new employer.
Speaker 6 (07:31):
I just thought it might be obliged with the contract
that I was put on, with a casual contract, whether
I still go back to them, or whether I could
move into another full time job with somebody else.
Speaker 3 (07:44):
Yeah, I mean, if if you're truly on a casual contract.
Speaker 6 (07:49):
Well, it wasn't the until the war call was flex
or kids, and then I possibly moved back into a
full time employment. But it's already been four months and
I'm not too four whether I move into some employment
at gable, whether I stay with the current employer or not,
so I have any illegal ground move on.
Speaker 3 (08:08):
Or I mean, it's pretty unusual for you not to
be able to resign from your employment and move to
a new employer. There may be a notice period that
you have to give, and so I would look at
the documentation that you've got, but I would be very
surprised if you can't resign and move to a new job.
(08:32):
Check your contract, and that's the starting point.
Speaker 4 (08:36):
Thank you for you. Call Kevin this Texas says I'm
in sales. What can I do if I'm being pressured
to bring in sales as if it's my fault? When
it doesn't happen, but I'm doing my job and logging
all my visits. Problem is our price is crap against competitors,
and we have no incentives, incentives or promo stuff as
your product crap as well.
Speaker 3 (08:58):
It doesn't sound like you've got great faith or the
offering that makes it.
Speaker 4 (09:04):
Doesn't it scrub up your CV?
Speaker 6 (09:05):
Maybe?
Speaker 7 (09:06):
Yes?
Speaker 3 (09:06):
Yeah, totally. I mean this is some thing that happens
all the time. If you're doing your best and you're
still not making the sales, you need to communicate that
to your employer. It may be that the expectations are unreasonable.
Of course, every time I see someone that is not
making sales, it's not their fault.
Speaker 2 (09:27):
Yeah, this is a great text. Kday Gareth Tyler and
Triple Story.
Speaker 7 (09:31):
Matt.
Speaker 2 (09:31):
If I have a contract where I have a transport operator,
I have been asked to be on the books as
an employee, but they won't allow it. But in my
contract as a contractor, I cannot do work anywhere else.
What is the law in regards to this?
Speaker 7 (09:47):
Yeah?
Speaker 3 (09:48):
I wish I could sum that up in a nice SoundBite,
but it's quite a complicated thing. Essentially, it comes down
to are you in business on your own account. Are
you running your own business? Are you actually a contractor?
If not, there's a very strong likelihood that you're actually anmployee.
(10:09):
Often people try and set things up so that the
worker is a contractor. There are benefits for the worker
and for the business, but often this is actually employment
in disguise.
Speaker 2 (10:22):
So quite often in that situation, does it come down.
Are they quite often fixed term contracts as a contractor
that you cannot do work for anybody else during that
time period or is that a step further even still?
Speaker 3 (10:35):
Yeah, once once you're preventing a worker from working for
someone else, Often they're not a contractor, because that's quite
an unusual thing. If they are actually running their own business.
Generally they are actually an employee and you're all pretending
that they are a contractor. That's all fine and dandy
(10:57):
while while it lasts and everybody is happy, but as
soon as it goes pear shaped, it's generally the company
that's running the risk.
Speaker 4 (11:03):
Yeah, very good, Jason, Your question for Gareth.
Speaker 8 (11:08):
Yeah, goody guys.
Speaker 7 (11:09):
We just had our financial year come to an end
in April. But because we own a business overseas and
their financial year is July, two months after our financial year,
we were notified that our financial year was changing, so
we're due bonuses, etc. Which was all wrapped up in
(11:31):
April until we received this email in May saying that
the financial year was now changing. So I don't know
whether to expect fifteen months as a bonus or what's
really happening from there.
Speaker 3 (11:47):
Yeah, that's a messy situation for sure. At the risk
of being repetitive, you should really be asking your employer that.
But if it's clear that you're entitled to a bonus
based on the original financial year, that would be the
starting point. They can't usually just change that without getting
(12:09):
agreement from you, and certainly just changing the financial year,
if that has a negative consequence for you, you may
have grounds for acclaim, So first engage with your employer,
ask them to clarify. I think that's a pretty legitimate
thing to ask.
Speaker 4 (12:27):
Guys, can you give me the sale guy's number? I
think we're working for the same company. A lot of
people in that same situation where they're training to sell
a crap forduct for too much and being expected to
do miracles and the sales.
Speaker 2 (12:40):
Find another job here. One hundred and eighty eight is
the number to call Chris your question.
Speaker 8 (12:47):
Yes, I work for a government agency and I got
my final pay. It was was a one month's notice clause. However,
didn't give them one month, but they owed it to
me with all that and all the other entitlements that
(13:07):
leave stuff. If they partially paid you one lot of
leave that was owed to you. But oh, do you
other entitlements like well which there was, or the or
the remainder leave. Do they have to text you again
(13:29):
for the for the remainder leave or other entitlements then
sing income text and stuff? You know, you know what
I'm talking about.
Speaker 3 (13:45):
Yeah, I think I know where you're coming from. What
people are often surprised with their final pay is that
when you get the slump sum payment, the tax consequences
are often a bit of a negative surprise, and you
do end up paying more tax than you anticipate. Of course,
(14:05):
at the end of the tax year when you do
your TEX return, that often gets washed up and any
amount that you've paid over what you expected gets refunded
to you. So it's not unusual to get taxed more
than you expect in the final pay because it's such
a big payment. It's not your regular fortnightly or weekly
(14:27):
or monthly pay.
Speaker 4 (14:29):
All right, that helps, Chris Simon, you'll be our last call.
What's your question for? Gareth?
Speaker 9 (14:36):
Gooday, guys, how are you very good? Jeth? I'm currently
on a salary. I'm contracted to forty hours a week,
A couple of days, a couple of weeks ago I
worked a weekend. Would I be entitled to and the holidays,
last day and loop?
Speaker 3 (14:58):
No, not not unless there's something in your agreement that
specifically provides for that. It's generally accepted that if you're
paid salary from time to time, you will have to
work extra hours, and it really comes down to whether
that's considered reasonable or not. If you work one weekend
(15:20):
over a twelve month period, it's likely that you're expected
to take that on the chin. If you're working one
weekend every single month in addition to your normal hours,
then I would certainly be taking that up with the employer.
Speaker 6 (15:38):
Okay, well that sucks, Yeah, it does.
Speaker 3 (15:43):
Although for most people, the salary does build in a
little bit of fat, a little bit of cushion, and
so you do get more than if you were just
getting paid an hourly rate. And it's on the basis
that from time to time you will have to work
a bit extra.
Speaker 4 (16:01):
All right, that helps Simon.
Speaker 2 (16:02):
Yeah, good luck with that, Gareth. That is all the
time we have. Man, it goes fast. Thank you very much. Again,
we'll catching about a month's time. We've got hundreds of
text lined up ready to go. But stay warm down there.
Speaker 3 (16:15):
I will do. Thanks guys.
Speaker 4 (16:16):
Lovely scarf you've got on there on a video.
Speaker 2 (16:20):
Yeah you got the skis weaked up? How the mountains
looking down there?
Speaker 3 (16:23):
I'll tell you what this snow is looking beautiful.
Speaker 2 (16:25):
Lucky bugger, you lucky bugger. Yeah, all right mate, we're
seeing a better month's time. That is Gareth abdenor Employment
Workplace an information expert. If you want to get a
hold of them, just go to ab donorlaw dot z.
And just a reminder, the content of the segment is
general in nature and is not legal advice. Any information
discussed is not intended to be a substitute for obtaining
specific professional advice and shouldn't be relied upon as such.
(16:50):
So if you're lawyer, you won't get us there.
Speaker 1 (16:53):
For more from news Talk, said b listen live on
air or online and keep our shows with you wherever
you go with our podcasts on iHeartRadio,
You're listening to a podcast from News Talk sed B.
Follow this and our wide range of podcast now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdnor is an employment we're playing an information expert
and director of abdenaor employment Law. He joins us once
a month as part of our Ask the Expert series
to answer listener questions and is back with us live
from our christ Studio.
Speaker 3 (00:29):
Get a Gareth good, Hey, guys, how you doing so?
Speaker 4 (00:33):
One hundred eighty ten eighty. If you've got an employment
related question for Gareth Tyler, you've got a text there. Yes,
so Hi.
Speaker 2 (00:42):
If your contracts say pay reviews every year, Gareth, does
employer need to abide by this? Had no pay review
for four years? Please advise?
Speaker 3 (00:53):
Yeah. This is one that comes up all the time
because most employment agreements have this provision in it and
most employers forget about them. There is an argument that
if you don't remind your employer, it's a little bit
rich to say, well I haven't had one, because all
(01:13):
you need to do is ask. But yes, technically, if
it's in your agreement, it should happen. Of course, a
pay review doesn't mean you get a pay increase.
Speaker 4 (01:22):
Unfortunately, I always think about that. It's a strange thing
in contracts when they push for a pay review, because
what does that actually mean that you're forcing them to
sit down and talk about your pay but it's not
binding at all?
Speaker 3 (01:36):
Well exactly, I mean they look at it and who knows,
they may actually go, well, you know, we've looked at
it and we're not that happy with what you're producing.
We don't think it's worth what you're getting paid.
Speaker 4 (01:48):
Also, the pay review, can that go backwards?
Speaker 3 (01:51):
Well, they can't reduce your pay. They could look at
performance managing you.
Speaker 2 (01:55):
Yeah, yeah, reducing pay. I mean that would that would
send a message, wouldn't it. Actually, you can't do that
by by.
Speaker 4 (02:01):
Legislation to my pay review. If that's the case.
Speaker 2 (02:04):
Yeah, eighty is the number to call. You've got a
question for Gareth. Now is your opportunity. This text just
came through in the last couple of minutes. Gareth sees,
my daughter has just broken her shoulder and had an
operation and she was due to start work at the
end of the month. Can she claim acc from her
new job?
Speaker 4 (02:24):
Oh?
Speaker 2 (02:25):
Chep is that's a curly one.
Speaker 3 (02:27):
Yeah, so she hasn't actually started the new job yet.
Speaker 2 (02:33):
It appears she hasn't. No, so I'll just read that again.
She was due to start work at the end of
the month, right, but she at appears she hasn't started yet.
Speaker 3 (02:44):
Okay, Yeah, I'm not sure if she's if she if
she's still unfit to work and her new job starts potentially,
but that's something that I'd have to sit down and
look into. ACC is a tangled web.
Speaker 4 (03:08):
So hang on, un So you've got you can't work
at one job, and that goes on to your next job,
and you still can't work at that job.
Speaker 3 (03:15):
It's a bit it's a bit weird. I have to say.
I think we need more information.
Speaker 2 (03:18):
Yeah, it doesn't sound right from the you know, it
sounds unfear for the employer that this person hasn't started yet. Yes,
they've signed them on to the job, but then they
have to cough up? Was it eighty percent of this elf?
Speaker 3 (03:31):
I would be surprised if the new employer had to
pay anything. But ACC may cover this person.
Speaker 4 (03:40):
For a while, right, Oh, eight one hundred and eighty
ten eighty. You've got a question for Gareth on employment
workplace problems. Garth, Welcome to the show. Your question for
Gareth Hi, Gareth.
Speaker 5 (03:53):
My question is that I'm in sales, and when I
signed the contract with the employee, they advertised a job
that obviously with on target earning. When I took the role,
they don't have any stop to meet the on time
earnings or the commission structure attached. What can I do
about that?
Speaker 3 (04:12):
Well, first step, as I always say to people, raise
it with your employer. Say hey, this is this is
my understanding, this is what we agreed to. I'm now
being prevented from achieving those targets because of things outside
of my control. Where do we go from here? They
(04:34):
have to engage with you in good faith and see
if you can come to some sort of arrangement. If
you can't, you've potentially got grounds for acclaim. But that's
obviously going to be burning some bridges. So see if
you can come to an arrangement with your employer. First,
it sounds like it's not your fault. You can't do
anything about it if they don't have the stock, and
(04:55):
they'd be pretty unreasonable not to accept that.
Speaker 6 (04:59):
Yeah, brilliant, Thank you very much.
Speaker 2 (05:01):
Good luckily, good luck Yeah, great question. Oh, eight hundred
and eighty ten eighty is the number to call if
you want to tax through your question. Nine two nine
two is the number will place a few messages shortly.
Speaker 4 (05:11):
Okay, so we do one more text for the message
for that. How long can an employer withhold final pay
pending return of property and final paperwork being completed. That
seems like there's a bit of a story under that.
Speaker 3 (05:25):
Why aren't you returning the company property? I think that's
the real question there. Yeah, this is one of those
situations where in a lot of employment agreements, the employee
agrees that our final pay can be withheld until certain
items are returned. Of course, the legal position is a
(05:47):
little bit more tricky than that, and so yes, we
need more information. But if you hold company property in
you're not giving it back. Maybe the employers d titled
to withhold pay. Whether whether that's strictly legal or not,
it's another story.
Speaker 4 (06:05):
It sounds like a dangerous standoff right there.
Speaker 3 (06:08):
It does.
Speaker 2 (06:09):
Someone's got to make a move. That is, someone's going
to take a shot way or the other.
Speaker 4 (06:13):
I'd return the property, yeah, exactly.
Speaker 3 (06:15):
It's amazing how some people get awfully attached to their
work uniform for a place that they don't work it anymore.
Speaker 2 (06:21):
Yeah, might even be a work car. I mean, that's
something you want to give back.
Speaker 4 (06:24):
Oh one hundred, I'm never giving back the stapler that
I took home the other day.
Speaker 2 (06:28):
That is a very nice statement. I've got to say.
Eight one hundred and eighty ten eighty is the number
to call. We are joined by Gareth abden Or. He's
an employment, workplace and information expert and director of Abdenal
Employment Law. He has taken your questions you've got a
problem in the workplace. He's the man to chat to
if you're an employer that needs a bit of advice.
Now's your opportunity. Oh, eight hundred eighty ten eighty Kevin,
what have you.
Speaker 4 (06:47):
Got for Gareth?
Speaker 6 (06:49):
I was full time work, was involved in the little
of an accident pretty much. I had an excellent of
the work track. I got put from full time to
casule because no truck, no work. I'm trying to move
into another job. Am I appliach by the other employer?
Still stay with them? Or can I move into another
(07:11):
job with another employer?
Speaker 3 (07:13):
Yeah? And unless there's some sort of restriction medically on
the work you can do. I'm not aware of any
restriction that would prevent you from applying to move to
a new employer.
Speaker 6 (07:31):
I just thought it might be obliged with the contract
that I was put on, with a casual contract, whether
I still go back to them, or whether I could
move into another full time job with somebody else.
Speaker 3 (07:44):
Yeah, I mean, if if you're truly on a casual contract.
Speaker 6 (07:49):
Well, it wasn't the until the war call was flex
or kids, and then I possibly moved back into a
full time employment. But it's already been four months and
I'm not too four whether I move into some employment
at gable, whether I stay with the current employer or not,
so I have any illegal ground move on.
Speaker 3 (08:08):
Or I mean, it's pretty unusual for you not to
be able to resign from your employment and move to
a new employer. There may be a notice period that
you have to give, and so I would look at
the documentation that you've got, but I would be very
surprised if you can't resign and move to a new job.
(08:32):
Check your contract, and that's the starting point.
Speaker 4 (08:36):
Thank you for you. Call Kevin this Texas says I'm
in sales. What can I do if I'm being pressured
to bring in sales as if it's my fault? When
it doesn't happen, but I'm doing my job and logging
all my visits. Problem is our price is crap against competitors,
and we have no incentives, incentives or promo stuff as
your product crap as well.
Speaker 3 (08:58):
It doesn't sound like you've got great faith or the
offering that makes it.
Speaker 4 (09:04):
Doesn't it scrub up your CV?
Speaker 6 (09:05):
Maybe?
Speaker 7 (09:06):
Yes?
Speaker 3 (09:06):
Yeah, totally. I mean this is some thing that happens
all the time. If you're doing your best and you're
still not making the sales, you need to communicate that
to your employer. It may be that the expectations are unreasonable.
Of course, every time I see someone that is not
making sales, it's not their fault.
Speaker 2 (09:27):
Yeah, this is a great text. Kday Gareth Tyler and
Triple Story.
Speaker 7 (09:31):
Matt.
Speaker 2 (09:31):
If I have a contract where I have a transport operator,
I have been asked to be on the books as
an employee, but they won't allow it. But in my
contract as a contractor, I cannot do work anywhere else.
What is the law in regards to this?
Speaker 7 (09:47):
Yeah?
Speaker 3 (09:48):
I wish I could sum that up in a nice SoundBite,
but it's quite a complicated thing. Essentially, it comes down
to are you in business on your own account. Are
you running your own business? Are you actually a contractor?
If not, there's a very strong likelihood that you're actually anmployee.
(10:09):
Often people try and set things up so that the
worker is a contractor. There are benefits for the worker
and for the business, but often this is actually employment
in disguise.
Speaker 2 (10:22):
So quite often in that situation, does it come down.
Are they quite often fixed term contracts as a contractor
that you cannot do work for anybody else during that
time period or is that a step further even still?
Speaker 3 (10:35):
Yeah, once once you're preventing a worker from working for
someone else, Often they're not a contractor, because that's quite
an unusual thing. If they are actually running their own business.
Generally they are actually an employee and you're all pretending
that they are a contractor. That's all fine and dandy
(10:57):
while while it lasts and everybody is happy, but as
soon as it goes pear shaped, it's generally the company
that's running the risk.
Speaker 4 (11:03):
Yeah, very good, Jason, Your question for Gareth.
Speaker 8 (11:08):
Yeah, goody guys.
Speaker 7 (11:09):
We just had our financial year come to an end
in April. But because we own a business overseas and
their financial year is July, two months after our financial year,
we were notified that our financial year was changing, so
we're due bonuses, etc. Which was all wrapped up in
(11:31):
April until we received this email in May saying that
the financial year was now changing. So I don't know
whether to expect fifteen months as a bonus or what's
really happening from there.
Speaker 3 (11:47):
Yeah, that's a messy situation for sure. At the risk
of being repetitive, you should really be asking your employer that.
But if it's clear that you're entitled to a bonus
based on the original financial year, that would be the
starting point. They can't usually just change that without getting
(12:09):
agreement from you, and certainly just changing the financial year,
if that has a negative consequence for you, you may
have grounds for acclaim, So first engage with your employer,
ask them to clarify. I think that's a pretty legitimate
thing to ask.
Speaker 4 (12:27):
Guys, can you give me the sale guy's number? I
think we're working for the same company. A lot of
people in that same situation where they're training to sell
a crap forduct for too much and being expected to
do miracles and the sales.
Speaker 2 (12:40):
Find another job here. One hundred and eighty eight is
the number to call Chris your question.
Speaker 8 (12:47):
Yes, I work for a government agency and I got
my final pay. It was was a one month's notice clause. However,
didn't give them one month, but they owed it to
me with all that and all the other entitlements that
(13:07):
leave stuff. If they partially paid you one lot of
leave that was owed to you. But oh, do you
other entitlements like well which there was, or the or
the remainder leave. Do they have to text you again
(13:29):
for the for the remainder leave or other entitlements then
sing income text and stuff? You know, you know what
I'm talking about.
Speaker 3 (13:45):
Yeah, I think I know where you're coming from. What
people are often surprised with their final pay is that
when you get the slump sum payment, the tax consequences
are often a bit of a negative surprise, and you
do end up paying more tax than you anticipate. Of course,
(14:05):
at the end of the tax year when you do
your TEX return, that often gets washed up and any
amount that you've paid over what you expected gets refunded
to you. So it's not unusual to get taxed more
than you expect in the final pay because it's such
a big payment. It's not your regular fortnightly or weekly
(14:27):
or monthly pay.
Speaker 4 (14:29):
All right, that helps, Chris Simon, you'll be our last call.
What's your question for? Gareth?
Speaker 9 (14:36):
Gooday, guys, how are you very good? Jeth? I'm currently
on a salary. I'm contracted to forty hours a week,
A couple of days, a couple of weeks ago I
worked a weekend. Would I be entitled to and the holidays,
last day and loop?
Speaker 3 (14:58):
No, not not unless there's something in your agreement that
specifically provides for that. It's generally accepted that if you're
paid salary from time to time, you will have to
work extra hours, and it really comes down to whether
that's considered reasonable or not. If you work one weekend
(15:20):
over a twelve month period, it's likely that you're expected
to take that on the chin. If you're working one
weekend every single month in addition to your normal hours,
then I would certainly be taking that up with the employer.
Speaker 6 (15:38):
Okay, well that sucks, Yeah, it does.
Speaker 3 (15:43):
Although for most people, the salary does build in a
little bit of fat, a little bit of cushion, and
so you do get more than if you were just
getting paid an hourly rate. And it's on the basis
that from time to time you will have to work
a bit extra.
Speaker 4 (16:01):
All right, that helps Simon.
Speaker 2 (16:02):
Yeah, good luck with that, Gareth. That is all the
time we have. Man, it goes fast. Thank you very much. Again,
we'll catching about a month's time. We've got hundreds of
text lined up ready to go. But stay warm down there.
Speaker 3 (16:15):
I will do. Thanks guys.
Speaker 4 (16:16):
Lovely scarf you've got on there on a video.
Speaker 2 (16:20):
Yeah you got the skis weaked up? How the mountains
looking down there?
Speaker 3 (16:23):
I'll tell you what this snow is looking beautiful.
Speaker 2 (16:25):
Lucky bugger, you lucky bugger. Yeah, all right mate, we're
seeing a better month's time. That is Gareth abdenor Employment
Workplace an information expert. If you want to get a
hold of them, just go to ab donorlaw dot z.
And just a reminder, the content of the segment is
general in nature and is not legal advice. Any information
discussed is not intended to be a substitute for obtaining
specific professional advice and shouldn't be relied upon as such.
(16:50):
So if you're lawyer, you won't get us there.
Speaker 1 (16:53):
For more from news Talk, said b listen live on
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