November 25, 2025 • 16 mins
This week on Ask The Expert, Gareth Abdinor from Abdinor Employment Law joined the Afternoons team to unpack holiday pay questions ahead of the Christmas season.
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Speaker 1 (00:09):
You're listening to a podcast from News Talk zed B.
Follow this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaor is an employment, workplace and information expert and
he's also director of Abdenor Employment Law. His website is
Abdenorlaw dot Nzi. Joins us once a month, of course
to answer your questions, and he is back with us
right now, Gareth, get it to you. Gooday, guys, how
you doing very very well? Now we've had a flood
of texts already come in, Gareth, so if you don't mind,
(00:38):
we'll get straight into it. Sounds good this one here,
get a Gareth. My employer has advised by letter to
all current employees that they have been calculating holiday pay.
I'm sorry to start off with this one, Gareth. I
should have preread this one.
Speaker 3 (00:53):
I'm just rocking myself while sucking on my thumb.
Speaker 2 (00:56):
Oh the trauma that we put you through, so I'll
carry on. Have been calculating holiday pay incorrectly, and to
fix the problem, they have recalculated what people are owed
up to six years. The thing is, I've worked for
the company for twenty five years. Aren't they required to
pay me out for twenty five years, not for six.
Speaker 3 (01:12):
Oh yeah, this is a doozy, isn't it. It is well,
this business is not alone because as we know, I
love the Holidays Act and it makes it pretty pretty
difficult to pay someone the correct amount even if you
want to. There is a limitation period here, and that's
(01:35):
why they're going back six years. You can certainly try
and claim the twenty five years, but you're not going
to have a legal case for it.
Speaker 2 (01:44):
Yeah.
Speaker 4 (01:45):
Right, So is that six years? Because often things are
seven years, aren't they Is it a six year.
Speaker 3 (01:52):
Six years here? I think seven years is for some
records and tax stuff, right, yeah, so yeah, I think
I would most probably take the money and enjoy it
because it's unexpected money that you're getting. You can make
an argument for the full twenty five years worth, but
if you push it too hard, the business might not
(02:13):
still be in business.
Speaker 2 (02:15):
Yeah.
Speaker 4 (02:16):
Yeah, I mean that is rough though. Nineteen years incorrect,
But yeah, I mean it's just the practicality of existence,
isn't it. So totally I think it's just the six
years for you, I'm afraid, But thank you so much
for your text, Sharon. Welcome to the show.
Speaker 5 (02:30):
Hi, how are you, Gareth is on Hey, I've got
a question for you. My husband's going to be on
annual leave over the Christmas break for a week. However,
during the annually time, he's required to be on call
as well. I'm just wondering how that works. As I
(02:52):
say it, if you're on annual leave in no phone, no,
you're away from work, you've got your car, nical wellbeing,
you're entitled to your four weeks. But if you're on
call as well, so you would get paid for your
holiday pay for a week, but then you'd be required
to work outside of or anytime actually and get paid
anything on call, but you might not get called out.
Speaker 3 (03:15):
This is a very very tricky one, Sharon, and a
lot depends on what the restrictions are going to be
on your husband's time and the activities he can do.
It's a vexed issue that has gone through several court
processes and it's still a bit vague, and it really
(03:36):
comes down to the particular circumstances of each employment relationship.
You know, for example, if it's a job where your
husband is prevented from drinking alcohol while he's on call
or needs to be close to home, so that he
can get to work within a certain period of time.
(03:58):
There is likely to be an argument that he's actually
working and he should be paid as if he was working.
In other cases, being on call actually doesn't really limit
you much at all.
Speaker 5 (04:11):
And you know it might.
Speaker 3 (04:14):
Be that if someone calls, you need to get back
to them within a few hours, and so it really depends.
I would go through that with your husband, look at
what the restrictions are, and then start a discussion with
the employer. In most cases where people are expected to
(04:36):
be on call as if they were actually working, this
is due to the employer not having turned their mind
to it, rather than them sitting in a back room
thinking about how they can take advantage of someone. So
start a conversation and see where you get to all
the best.
Speaker 2 (04:54):
Yeah, well, sharing, thank you very much for giving us
a buzz.
Speaker 4 (04:57):
Oh, it's no holiday at all unless you can rest,
and that's right on call, you're not, it's not a
holiday at all.
Speaker 2 (05:06):
Yeah, and I didn't realize, So, Gareth, can you on
call and not be paid for that? I would have
thought it's not a legislation that they have to pay.
Speaker 3 (05:14):
There definitely needs to be some payment the question is
how much are you going to be paid the full
amount or not? And of course if you actually get
called out during that period on call, how much are
you going to be paid then? So definitely not a
straightforward question.
Speaker 2 (05:32):
Yeah. Oh, one hundred and eighty ten eighty is the
number to call if you've got a question. For Gareth,
he is with us for about another fifteen minutes.
Speaker 4 (05:39):
He's interesting text that's come through. We have never been
told that we're not allowed to hook up with other staff.
My new girlfriend works on another floor. My manager saw
us at a pub told me I should have told
him and that this was a problem or could be
a problem. Is it illegal to be with staff? Can't
see nothing in my contract?
Speaker 2 (06:00):
Spicy?
Speaker 3 (06:01):
Yeah yeah, yeah, man, they coming out with all the
saucy ones today, aren't they. Really depends on what sort
of job it is and what the roles are. Some
workplaces prevent or prohibit relationships between a manager and a
(06:21):
subordinate for obvious reasons. Other workplaces require you to disclose
it so that that can be managed. Obviously, you don't
want accusations of favoritism or actual favoritism in this case.
If there's nothing in the employment agreement and there's no
policy of it. And the people work at the same
(06:43):
workplace but not directly in the same team or in
the same reporting line. You kind of wonder what's the issue.
So it sounds like this managers maybe going a bit
too far. It'd be interesting to know more about it.
Speaker 4 (06:59):
A theory, well just wild theory. I don't know anything.
It's funny when you just get a text because more
information please nineteen nine to that texture. But the managers
seeing you at the pub with this other person, that
the managers out of line to bring that up right?
And does the manager fancy this person?
Speaker 2 (07:18):
Highly?
Speaker 6 (07:19):
Wow?
Speaker 2 (07:19):
Possible? Yeah, we need more handle us well.
Speaker 4 (07:23):
Otherwise it's such a weird thing to do. I saw
you out the pub other than gossiping or I mean,
that's an awkward position to put someone on. If there's
if you're allowed to see someone else, it's not in
the contract's not work hours, then why is the manager
bringing it up in this it's go gossip. But to
say it might be a problem, we need more. It
sounds like a soap opera.
Speaker 2 (07:42):
It does, doesn't it? We love it?
Speaker 4 (07:44):
Yeah, I reckon. You need to ask your manager if
he fancies this this new girlfriend of yours. Actually, to
be fair, I've assumed that's a that this is a
male sending through. I don't know, I thought my new girlfriend.
Speaker 2 (07:55):
Okay, there we go.
Speaker 4 (07:56):
Well, you know it could be made a lot of assumptions.
Send us more details nine two nine two and then
maybe we can give a more detailed answer to your question.
Speaker 2 (08:04):
And we are joined by Gareth Abdenoy. He's an employment,
workplace and information expert and victor of abd or employment law.
Taking your calls and questions.
Speaker 4 (08:12):
Tony, welcome the show.
Speaker 6 (08:14):
Any boys, how are you very good?
Speaker 3 (08:17):
Good?
Speaker 6 (08:18):
Hi Gareth. The company that we worked for got hacked
last week and as a result, our system went down
and has been down for the last ten days. My
question is the company is asking us to take that
(08:39):
time that we haven't been able to go into the
office to take leave without pay, or they are taking
that time off of our leave. My question is can
they legally do that because the pack was obviously through
no fault of ours.
Speaker 3 (08:58):
Yeah, that's a very tricky situation, isn't it. This is
one of those situations that does happen from time to
time time where the employer can't provide work The general
rule is they can't require you to take leave unless
they give you fourteen days notice of that requirement, and
(09:19):
even then they have to act in good faith. However,
they can ask you to take that time as leave,
whether and you'll leave or unpaid leave, and if you
agree then that's not a problem. Of course, some employment
agreements do have clauses that say if the employer can't
(09:40):
provide you with work through no fault of their own,
sometimes weather conditions as a common example of that, then
they don't have to pay you and they don't have
to provide work. So I would carefully check your employment agreement.
The other thing is I don't know what sort of
work you do or what sort of business it is,
(10:01):
but if they haven't been able to operate for ten days,
I imagine that the business is taking care a hit
in terms of income cash flow. And so sometimes you
need to think about do I want to win the
battle but lose the ending on how big and successful
the business is, you know, it might actually be a
(10:23):
good idea to show a bit of goodwill, not necessarily
agree with everything they're asking, but show some good will
when I'm sure that will be appreciated. If you don't
and you know that might have impactful ongoing employment, not directly,
but yeah, tricky situation for all involved.
Speaker 6 (10:45):
Isn't it. It's very trickily, very tricky. Yeah.
Speaker 2 (10:49):
Yeah, all the best with that, Tony, thank you very
much for ringing in. Jackie.
Speaker 4 (10:54):
Your question for Gareth.
Speaker 3 (10:56):
Him, Yes, but Peture can't putting me on air.
Speaker 5 (11:01):
It's just a good question.
Speaker 7 (11:03):
My Did she just.
Speaker 4 (11:05):
Say please don't put me on air?
Speaker 3 (11:07):
Yeah? I think so.
Speaker 4 (11:08):
You're on it, you were on it.
Speaker 2 (11:09):
Yeah, well yeah, we'll take you off ajag. We'll just
put your back to Andrew and maybe come.
Speaker 4 (11:14):
Tell you you've gotta be careful when you ring eight
one hundred and eighteen eighty because you will often get
put on a Kevin.
Speaker 2 (11:20):
Hey, HOWI very well. Gareth is standing by for you.
Speaker 7 (11:24):
KIV Gareth. Hey, Gareth. My question is I used to
work for a crusty company. There used to be a
registry for qv SAB Funds, and I used to be
with them. I was working with I used to be
with them for more than twelve years, and then I
got a better job offer. I resigned on the seventh
(11:46):
of jan and my ansary was on the twenty second
of February, I had around fifty three or fifty four
days of annual leave and they didn't pay me the
full amount for twenty two days, just ten persons there.
What they said their contention was, I didn't work till
(12:09):
my ansty day and that's why I wasn't paid for
the full amount.
Speaker 3 (12:14):
And yeah, that is a situation that occurs quite often.
There's a common misconception in terms of holidays. When you
finish up work. There's two different types of payments that happen.
There's payment for the leave which you've become entitled to,
which is the leave where you have passed your anniversary date,
(12:37):
and then there's a crude leave and there's a formula
in the Act for how that's paid out. Basically, it's
the accruede leave is paid out at eight percent of
your earnings for that year. So from what you've told me,
it sounds like the company has paid it out correctly,
(12:57):
although it does seem like quite a big difference. I
would just ask them for a breakdown. They are required
to bride you with a breakdown of your final pay
and that should show the two different amounts of leave.
Speaker 7 (13:12):
Right, So, if I had taken annual leave. In should
I resigning right away, how would have been fair? Because
that's a few two days of annual leave.
Speaker 3 (13:24):
There still would have been a difference for leave that
you had a crued but not become entitled to when
your final pay was processed. The only way that wouldn't
have happened is if you took all fifty two days leave.
But I'd be quite surprised if your employer would have
allowed you to do that. Okay, Yeah, the best thing
(13:45):
to do is to ask them for a breakdown and
that should set it out clearly for you.
Speaker 2 (13:50):
Yeah, good luck with that, Kevin. One final question here
via text.
Speaker 3 (13:55):
Not about the holidays?
Speaker 2 (13:56):
Are not about the holiday at this One's a good
one though. Later I'm a permanent employee and I drive
a company vehicle. I think I should be paid when
between jobs, but they refuse to do that. Is that
under legislation?
Speaker 3 (14:13):
That sounds quite surprising. Usually you would expect that to
be paid. It sounds like it's work, But of course
it really depends on what's in this employment agreement. It
depends on the nature of the work. Usually I would
expect an employee who was driving a work vehicle between
(14:35):
jobs to be paid for that travel time.
Speaker 4 (14:37):
Well, this person that always has been the company our
stays she will they will only be pay her when
she arrived to site.
Speaker 3 (14:47):
Yeah, okay, so that's that's slightly different. Often in the
construction industry it is agreed in the employment agreement that
payment only starts from the place of work, which is
the work site. In other cases there's a there's a
(15:07):
yar do or an office that they start from and
then the travel would be covered. It is a difficult
one because it really depends on what's been agreed between
the parties. Now, occasionally you find cases where there is
no employment agreement and it hasn't been set out what's
agreed between the parties, and the employee thinks they've agreed
(15:29):
to one thing and the company thinks they've agreed to
something else.
Speaker 2 (15:34):
Yeah, no, very good, Gareth, thank you so much. As always,
we've got hundreds of textels. Save all those for next time,
and we promise we'll weed out those holiday bay ones.
We won't do that to you again.
Speaker 3 (15:44):
It's to be fair and just like seeing me in pain, Yeah,
I do.
Speaker 4 (15:47):
Actually, the problem is they're about ninety five percent of
the text of course, so yeah.
Speaker 3 (15:52):
Yeah, I'll tell you what. There's going to be nothing
to discuss if they bring in this new act exactly.
Speaker 2 (15:57):
Hey go well mate, always a pleasure having you on.
We'll catch up again soon.
Speaker 3 (16:00):
Thanks.
Speaker 7 (16:01):
Guys.
Speaker 2 (16:01):
That is Gareth Abdenall employment will place an information ex
but you can check them out abdenor law dot in z.
He is very good at what he does.
Speaker 1 (16:09):
For more from News Talk sed 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 zed B.
Follow this and our wide range of podcasts now on iHeartRadio.
Speaker 2 (00:16):
Gareth Abdenaor is an employment, workplace and information expert and
he's also director of Abdenor Employment Law. His website is
Abdenorlaw dot Nzi. Joins us once a month, of course
to answer your questions, and he is back with us
right now, Gareth, get it to you. Gooday, guys, how
you doing very very well? Now we've had a flood
of texts already come in, Gareth, so if you don't mind,
(00:38):
we'll get straight into it. Sounds good this one here,
get a Gareth. My employer has advised by letter to
all current employees that they have been calculating holiday pay.
I'm sorry to start off with this one, Gareth. I
should have preread this one.
Speaker 3 (00:53):
I'm just rocking myself while sucking on my thumb.
Speaker 2 (00:56):
Oh the trauma that we put you through, so I'll
carry on. Have been calculating holiday pay incorrectly, and to
fix the problem, they have recalculated what people are owed
up to six years. The thing is, I've worked for
the company for twenty five years. Aren't they required to
pay me out for twenty five years, not for six.
Speaker 3 (01:12):
Oh yeah, this is a doozy, isn't it. It is well,
this business is not alone because as we know, I
love the Holidays Act and it makes it pretty pretty
difficult to pay someone the correct amount even if you
want to. There is a limitation period here, and that's
(01:35):
why they're going back six years. You can certainly try
and claim the twenty five years, but you're not going
to have a legal case for it.
Speaker 2 (01:44):
Yeah.
Speaker 4 (01:45):
Right, So is that six years? Because often things are
seven years, aren't they Is it a six year.
Speaker 3 (01:52):
Six years here? I think seven years is for some
records and tax stuff, right, yeah, so yeah, I think
I would most probably take the money and enjoy it
because it's unexpected money that you're getting. You can make
an argument for the full twenty five years worth, but
if you push it too hard, the business might not
(02:13):
still be in business.
Speaker 2 (02:15):
Yeah.
Speaker 4 (02:16):
Yeah, I mean that is rough though. Nineteen years incorrect,
But yeah, I mean it's just the practicality of existence,
isn't it. So totally I think it's just the six
years for you, I'm afraid, But thank you so much
for your text, Sharon. Welcome to the show.
Speaker 5 (02:30):
Hi, how are you, Gareth is on Hey, I've got
a question for you. My husband's going to be on
annual leave over the Christmas break for a week. However,
during the annually time, he's required to be on call
as well. I'm just wondering how that works. As I
(02:52):
say it, if you're on annual leave in no phone, no,
you're away from work, you've got your car, nical wellbeing,
you're entitled to your four weeks. But if you're on
call as well, so you would get paid for your
holiday pay for a week, but then you'd be required
to work outside of or anytime actually and get paid
anything on call, but you might not get called out.
Speaker 3 (03:15):
This is a very very tricky one, Sharon, and a
lot depends on what the restrictions are going to be
on your husband's time and the activities he can do.
It's a vexed issue that has gone through several court
processes and it's still a bit vague, and it really
(03:36):
comes down to the particular circumstances of each employment relationship.
You know, for example, if it's a job where your
husband is prevented from drinking alcohol while he's on call
or needs to be close to home, so that he
can get to work within a certain period of time.
(03:58):
There is likely to be an argument that he's actually
working and he should be paid as if he was working.
In other cases, being on call actually doesn't really limit
you much at all.
Speaker 5 (04:11):
And you know it might.
Speaker 3 (04:14):
Be that if someone calls, you need to get back
to them within a few hours, and so it really depends.
I would go through that with your husband, look at
what the restrictions are, and then start a discussion with
the employer. In most cases where people are expected to
(04:36):
be on call as if they were actually working, this
is due to the employer not having turned their mind
to it, rather than them sitting in a back room
thinking about how they can take advantage of someone. So
start a conversation and see where you get to all
the best.
Speaker 2 (04:54):
Yeah, well, sharing, thank you very much for giving us
a buzz.
Speaker 4 (04:57):
Oh, it's no holiday at all unless you can rest,
and that's right on call, you're not, it's not a
holiday at all.
Speaker 2 (05:06):
Yeah, and I didn't realize, So, Gareth, can you on
call and not be paid for that? I would have
thought it's not a legislation that they have to pay.
Speaker 3 (05:14):
There definitely needs to be some payment the question is
how much are you going to be paid the full
amount or not? And of course if you actually get
called out during that period on call, how much are
you going to be paid then? So definitely not a
straightforward question.
Speaker 2 (05:32):
Yeah. Oh, one hundred and eighty ten eighty is the
number to call if you've got a question. For Gareth,
he is with us for about another fifteen minutes.
Speaker 4 (05:39):
He's interesting text that's come through. We have never been
told that we're not allowed to hook up with other staff.
My new girlfriend works on another floor. My manager saw
us at a pub told me I should have told
him and that this was a problem or could be
a problem. Is it illegal to be with staff? Can't
see nothing in my contract?
Speaker 2 (06:00):
Spicy?
Speaker 3 (06:01):
Yeah yeah, yeah, man, they coming out with all the
saucy ones today, aren't they. Really depends on what sort
of job it is and what the roles are. Some
workplaces prevent or prohibit relationships between a manager and a
(06:21):
subordinate for obvious reasons. Other workplaces require you to disclose
it so that that can be managed. Obviously, you don't
want accusations of favoritism or actual favoritism in this case.
If there's nothing in the employment agreement and there's no
policy of it. And the people work at the same
(06:43):
workplace but not directly in the same team or in
the same reporting line. You kind of wonder what's the issue.
So it sounds like this managers maybe going a bit
too far. It'd be interesting to know more about it.
Speaker 4 (06:59):
A theory, well just wild theory. I don't know anything.
It's funny when you just get a text because more
information please nineteen nine to that texture. But the managers
seeing you at the pub with this other person, that
the managers out of line to bring that up right?
And does the manager fancy this person?
Speaker 2 (07:18):
Highly?
Speaker 6 (07:19):
Wow?
Speaker 2 (07:19):
Possible? Yeah, we need more handle us well.
Speaker 4 (07:23):
Otherwise it's such a weird thing to do. I saw
you out the pub other than gossiping or I mean,
that's an awkward position to put someone on. If there's
if you're allowed to see someone else, it's not in
the contract's not work hours, then why is the manager
bringing it up in this it's go gossip. But to
say it might be a problem, we need more. It
sounds like a soap opera.
Speaker 2 (07:42):
It does, doesn't it? We love it?
Speaker 4 (07:44):
Yeah, I reckon. You need to ask your manager if
he fancies this this new girlfriend of yours. Actually, to
be fair, I've assumed that's a that this is a
male sending through. I don't know, I thought my new girlfriend.
Speaker 2 (07:55):
Okay, there we go.
Speaker 4 (07:56):
Well, you know it could be made a lot of assumptions.
Send us more details nine two nine two and then
maybe we can give a more detailed answer to your question.
Speaker 2 (08:04):
And we are joined by Gareth Abdenoy. He's an employment,
workplace and information expert and victor of abd or employment law.
Taking your calls and questions.
Speaker 4 (08:12):
Tony, welcome the show.
Speaker 6 (08:14):
Any boys, how are you very good?
Speaker 3 (08:17):
Good?
Speaker 6 (08:18):
Hi Gareth. The company that we worked for got hacked
last week and as a result, our system went down
and has been down for the last ten days. My
question is the company is asking us to take that
(08:39):
time that we haven't been able to go into the
office to take leave without pay, or they are taking
that time off of our leave. My question is can
they legally do that because the pack was obviously through
no fault of ours.
Speaker 3 (08:58):
Yeah, that's a very tricky situation, isn't it. This is
one of those situations that does happen from time to
time time where the employer can't provide work The general
rule is they can't require you to take leave unless
they give you fourteen days notice of that requirement, and
(09:19):
even then they have to act in good faith. However,
they can ask you to take that time as leave,
whether and you'll leave or unpaid leave, and if you
agree then that's not a problem. Of course, some employment
agreements do have clauses that say if the employer can't
(09:40):
provide you with work through no fault of their own,
sometimes weather conditions as a common example of that, then
they don't have to pay you and they don't have
to provide work. So I would carefully check your employment agreement.
The other thing is I don't know what sort of
work you do or what sort of business it is,
(10:01):
but if they haven't been able to operate for ten days,
I imagine that the business is taking care a hit
in terms of income cash flow. And so sometimes you
need to think about do I want to win the
battle but lose the ending on how big and successful
the business is, you know, it might actually be a
(10:23):
good idea to show a bit of goodwill, not necessarily
agree with everything they're asking, but show some good will
when I'm sure that will be appreciated. If you don't
and you know that might have impactful ongoing employment, not directly,
but yeah, tricky situation for all involved.
Speaker 6 (10:45):
Isn't it. It's very trickily, very tricky. Yeah.
Speaker 2 (10:49):
Yeah, all the best with that, Tony, thank you very
much for ringing in. Jackie.
Speaker 4 (10:54):
Your question for Gareth.
Speaker 3 (10:56):
Him, Yes, but Peture can't putting me on air.
Speaker 5 (11:01):
It's just a good question.
Speaker 7 (11:03):
My Did she just.
Speaker 4 (11:05):
Say please don't put me on air?
Speaker 3 (11:07):
Yeah? I think so.
Speaker 4 (11:08):
You're on it, you were on it.
Speaker 2 (11:09):
Yeah, well yeah, we'll take you off ajag. We'll just
put your back to Andrew and maybe come.
Speaker 4 (11:14):
Tell you you've gotta be careful when you ring eight
one hundred and eighteen eighty because you will often get
put on a Kevin.
Speaker 2 (11:20):
Hey, HOWI very well. Gareth is standing by for you.
Speaker 7 (11:24):
KIV Gareth. Hey, Gareth. My question is I used to
work for a crusty company. There used to be a
registry for qv SAB Funds, and I used to be
with them. I was working with I used to be
with them for more than twelve years, and then I
got a better job offer. I resigned on the seventh
(11:46):
of jan and my ansary was on the twenty second
of February, I had around fifty three or fifty four
days of annual leave and they didn't pay me the
full amount for twenty two days, just ten persons there.
What they said their contention was, I didn't work till
(12:09):
my ansty day and that's why I wasn't paid for
the full amount.
Speaker 3 (12:14):
And yeah, that is a situation that occurs quite often.
There's a common misconception in terms of holidays. When you
finish up work. There's two different types of payments that happen.
There's payment for the leave which you've become entitled to,
which is the leave where you have passed your anniversary date,
(12:37):
and then there's a crude leave and there's a formula
in the Act for how that's paid out. Basically, it's
the accruede leave is paid out at eight percent of
your earnings for that year. So from what you've told me,
it sounds like the company has paid it out correctly,
(12:57):
although it does seem like quite a big difference. I
would just ask them for a breakdown. They are required
to bride you with a breakdown of your final pay
and that should show the two different amounts of leave.
Speaker 7 (13:12):
Right, So, if I had taken annual leave. In should
I resigning right away, how would have been fair? Because
that's a few two days of annual leave.
Speaker 3 (13:24):
There still would have been a difference for leave that
you had a crued but not become entitled to when
your final pay was processed. The only way that wouldn't
have happened is if you took all fifty two days leave.
But I'd be quite surprised if your employer would have
allowed you to do that. Okay, Yeah, the best thing
(13:45):
to do is to ask them for a breakdown and
that should set it out clearly for you.
Speaker 2 (13:50):
Yeah, good luck with that, Kevin. One final question here
via text.
Speaker 3 (13:55):
Not about the holidays?
Speaker 2 (13:56):
Are not about the holiday at this One's a good
one though. Later I'm a permanent employee and I drive
a company vehicle. I think I should be paid when
between jobs, but they refuse to do that. Is that
under legislation?
Speaker 3 (14:13):
That sounds quite surprising. Usually you would expect that to
be paid. It sounds like it's work, But of course
it really depends on what's in this employment agreement. It
depends on the nature of the work. Usually I would
expect an employee who was driving a work vehicle between
(14:35):
jobs to be paid for that travel time.
Speaker 4 (14:37):
Well, this person that always has been the company our
stays she will they will only be pay her when
she arrived to site.
Speaker 3 (14:47):
Yeah, okay, so that's that's slightly different. Often in the
construction industry it is agreed in the employment agreement that
payment only starts from the place of work, which is
the work site. In other cases there's a there's a
(15:07):
yar do or an office that they start from and
then the travel would be covered. It is a difficult
one because it really depends on what's been agreed between
the parties. Now, occasionally you find cases where there is
no employment agreement and it hasn't been set out what's
agreed between the parties, and the employee thinks they've agreed
(15:29):
to one thing and the company thinks they've agreed to
something else.
Speaker 2 (15:34):
Yeah, no, very good, Gareth, thank you so much. As always,
we've got hundreds of textels. Save all those for next time,
and we promise we'll weed out those holiday bay ones.
We won't do that to you again.
Speaker 3 (15:44):
It's to be fair and just like seeing me in pain, Yeah,
I do.
Speaker 4 (15:47):
Actually, the problem is they're about ninety five percent of
the text of course, so yeah.
Speaker 3 (15:52):
Yeah, I'll tell you what. There's going to be nothing
to discuss if they bring in this new act exactly.
Speaker 2 (15:57):
Hey go well mate, always a pleasure having you on.
We'll catch up again soon.
Speaker 3 (16:00):
Thanks.
Speaker 7 (16:01):
Guys.
Speaker 2 (16:01):
That is Gareth Abdenall employment will place an information ex
but you can check them out abdenor law dot in z.
He is very good at what he does.
Speaker 1 (16:09):
For more from News Talk sed B. Listen live on
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