Anyone have experience with NZ Employment Law?

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networkn

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#1409882 20-Oct-2015 15:31

gzt:
6FIEND: Thanks for all the feedback, insights and helpful links.
FWIW, my friend will likely look to move on to new opportunities.

Yep. Thread subtitle: employer shoots self in both feet now in pain for months.

This is complete and utter conjecture. Employer could have VERY valid and fair reasons for this move in their business.

networkn

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#1409883 20-Oct-2015 15:33

andrew027:
6FIEND: Thanks guys - I absolutely acknowledge your point that formally dealing with this is a matter for professionals. However I'm still interested to hear a range of unqualified opinions and/or similar experiences. (potentially both from employers and employees)

To answer the questions raised so far:

They type of work involved is PA / Office Admin.

The business reasons given for the change are:
* To provide greater support to the Site Manager(s)
* To provide greater support to the other site staff
* To provide greater visibility to customers

Reasonably generic... One of the key things I personally don't understand is how these perceived benefits might eventuate given that the duties and numbers of hours at each location remain the same.

I'm guessing the employer's plan is to split what is currently (say) a 40 hour week for one person into two 20 hour weeks for two people, where those 20 hours worked are the same time at each site, e.g. 10:00am - 2:00pm every day, at both sites. This would preclude one person working both jobs as they can't be in two places at once.

I'm pretty sure the employer is entitled to do this if they can show that having no admin support for a whole day is ineffective or causing problems at either or both of the sites, and that there are reasons why that support has to be at the same time at both sites, e.g. why one person can't work mornings at one site and afternoons at the other (maybe alternating which site they start at), thereby providing support for four hours each day at each site. Of course your friend may not want to do this, depending on how far travel is between the two sites.

It's certainly worth talking to a specialist employment lawyer as it seems your friend's employment contract will need to be changed.

Personally I'd save talking to a Lawyer until AFTER they obtain the facts from the employer. The fastest way to derail any negotiation is to say up front, "I consulted a lawyer and...."

There really isn't any need until the facts are established.

gzt

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#1409895 20-Oct-2015 15:47

networkn:
gzt:
6FIEND: Thanks for all the feedback, insights and helpful links.
FWIW, my friend will likely look to move on to new opportunities.

Yep. Thread subtitle: employer shoots self in both feet now in pain for months.

This is complete and utter conjecture. Employer could have VERY valid and fair reasons for this move in their business.

I am not suggesting the reasons given are invalid or unfair. I'm not sure how you can deduce that from my comment.

I am speculating the employer has not thought through the consequences of losing this employee and trying to fill two skilled part time positions at the same time. Yes, it is speculation but common enough.

6FIEND

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#1409913 20-Oct-2015 16:23

andrew027:
I'm guessing the employer's plan is to split what is currently (say) a 40 hour week for one person into two 20 hour weeks for two people, where those 20 hours worked are the same time at each site, e.g. 10:00am - 2:00pm every day, at both sites. This would preclude one person working both jobs as they can't be in two places at once.

I'm pretty sure the employer is entitled to do this if they can show that having no admin support for a whole day is ineffective or causing problems at either or both of the sites, and that there are reasons why that support has to be at the same time at both sites, e.g. why one person can't work mornings at one site and afternoons at the other (maybe alternating which site they start at), thereby providing support for four hours each day at each site. Of course your friend may not want to do this, depending on how far travel is between the two sites.

The "alternating" option you describe here would meet the requirements of both (proposed) part time positions, and has actually been suggested to the employer as an alternative option. It will be interesting to learn how the suggestion was received...

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#1409932 20-Oct-2015 16:43

As has been said a lawyer is the only right option.

They will be able to look through the employment contract with a fine toothed comb and check how it fits based on the law.

If his contract is casual and they have been sending him to 2 offices as a work around while they figure out what to do next, and the work around lasted a fair while, then he probably doesn't have a leg to stand on. If the new roles do have hours that cross over then he doesn't have a leg to stand on, etc.

Lawyer lawyer lawyer buddy.

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