Employment issue

Currently attempting to assist a friend who is having a nasty time with an employer. Probably about half a dozen new people in this company currently getting screwed:

No employment contract. Violation of Employment Relations Act (ERA) 2000 Section 64
No or fewer than legal mimimum tea breaks possible due to work pressure. Probably receiving about 20% of minimum. Violates ERA Section 69 zc-ze
Expected to work overtime when told in interview job was normal hours: Violates ERA Section 4
No pay for overtime. Because hours worked x low rate of pay = actual hourly rate of actual pay is less than minimum wage the Minimum Wage Act 1983 Section 6 is violated.

Above violations according to Dept of Labour 0800 line.

Advised by dept to initiate 'three step process': 1. Complain to employer in writing with requested date of resolution; 2. Invite employer to mediation; 3. Pay $72 and take employer to court

So if an employer breaks the law employees have to pay to be granted their rights.

Spoke to a lawyer: Dept of Labour inspectors should be doing something about this, but they will try to get out of doing anything.

Checked Dept of Labour website: "Labour inspectors monitor and enforce minimum employment conditions set out in various Acts of Parliament.

Called Dept of Labour 0800 asked to speak to supervisor: Argued that none of the above issues constitute "minimum conditions." Said when pressed that they "might" do something about it.


Me = WTF

seek.co.nz

obviously

http://en.wikipedia.org/wiki/Capitalism

Tell your friend to go to an employment lawyer. They have done wonders for everyone I've known that's gone to one, and if there's a case, their bill can be sent to the employer if they win.

Yeah well actually you do hear about people getting good grevience claims via employment lawyers, even people who feel they were 'forced to resign'.. IE quit.

Some are no win no fee?

I asked the lawyer if he would take it on and could be paid from compensation won, but he said there would be little money in the case - not unless they are fired. It seems the violations are trivial as they have only been in the job three weeks. He didnt suggest the option of making the employer pay the bill

A consultation with a lawyer is usually free. Nothing to lose imo.

Hopefully lawyers work on the weekend when this employee is not chained to their desk. But - have just found out they (working for free at 6pm on a friday) have been required to work 2.5 hrs on saturday as well - free of charge.

There's potential of course to refuse all illegal demands, get fired, then try to win compensation in court. Anyone have any ideas how much $ can be won in a case like this (three weeks in a low wage job)?

I'm sure WINZ will prop them up in the meantime with an emergency benefit as its all so unfair

my sister is an employment lawyer and she is very good at it.
...Fucking dick flatmate though.and no I didn't choose to wind up in a flat with her, this the the cool shit that happens when you are poor

Just want to say whatever you do don't try and visit any online calculator sites, they have been known to install malware. Instead your local operating system has a calculator built in. Just use that!

If you have windows you can just type CALC into the command bar, why waste bandwidth and risk malware?

Sux. Maybe shed be better off going on the dole and focus on finding another job..is all the legal stuff worth it realistically after such a short period and low wage. People who work overtime on salary are fools...I rarely do and no one should be made to feel they have to. Fuck that.

the legal stuff is worth it. My sister for example, and probably quite a few self employed employment lawyers will tell you if it's worth it and if they will take the case (they will tell you this for free of course) and then payment options are a percentage of the winnings or a flat fee. Client gets to decide.

ps I want to drop a bomb on that onlinecockulator.

Any chance you could ask her ballpark figure for unfair dismissal if they have only been in the role three weeks? (Probably on the grounds of refusing to work overtime and weekends as this is unpaid and kicking up a stink about no contract and not being given tea breaks and sometimes no lunch breaks on a 10+ hour day. In the interview they were told hours were 9-5. The effect of overtime hours unpaid is that the actual rate of pay can fall close to $2 below minimum wage).

I did a bit of research last night as it seemed the standard rate is approx 3 months wages. That does cut things pretty fine when you consider its calculated from a low rate, the lawyers fee has to be deducted, and in recession with Christmas/January upon us they may need to plan for two months of unemployment at the very least.

uuugh I suppose for you I will... She's not home atm.

sweet, not urgent