Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


Byrned

455 posts

Ultimate Geek


#25903 5-Sep-2008 16:31
Send private message

Hi All

A friend (and yes, this is actually a friend and not a euphemism for me!) until recently had been working for a company, on a casual basis, and it turns out with no written contract. Yes, I've already berated him over this!

 

The company has had some issues with the performance of his work, but have decided that because he didn't have an employment to simply stop giving him any work.

 

Now for my questions:

 

  1. At what point does a worker cease to be causally employed. For the last 4  months his hours have been 40 hours per week.
  2. In the absence of an employment contract, what rights does an employee have?


Cheers

Create new topic
rscole86
4973 posts

Uber Geek

Moderator
Trusted
Lifetime subscriber

  #162526 5-Sep-2008 16:48
Send private message

I suggest you have a read through the ERS website, and look at their resources. They should have something there to help you out.

http://www.ers.dol.govt.nz/relationships/offering.html

http://www.ers.dol.govt.nz/relationships/employee.html



wellygary
8312 posts

Uber Geek


  #162527 5-Sep-2008 16:50
Send private message

Without an employment agreement there is nothing to argue over,

Your friend should call the Employment Relations Service (Part of the Department of Labour) NOW!!!!, and get some real advice, rather than the (well intentioned) bush lawyering from these forums,

http://ers.dol.govt.nz/help/index.html

0800 20 90 20 during business hours

nate
6473 posts

Uber Geek

Retired Mod
Trusted
Lifetime subscriber

  #162798 7-Sep-2008 15:34
Send private message

Byrned: A friend (and yes, this is actually a friend and not a euphemism for me!) until recently had been working for a company, on a casual basis, and it turns out with no written contract. Yes, I've already berated him over this!


Don't give your friend grief over this! I'm an employer, and it's an employers responsibility to ensure all the proper paperwork is in place before employment commences.  Having employees without employment contracts is a huge no-no.

As wellygary has pointed out, get some professional advice rather than us crack pot wanna be lawyers Smile  I'd be very, very surprised if your friend didn't come out better off in this instance.



TDR

TDR
2 posts

Wannabe Geek


  #163013 8-Sep-2008 10:14
Send private message

After 3 months if you haven't been given an employment contract it is assumed that you go on a "standard" contract regardless if anything has been signed or not...if he has proof of how long he was there for then he could quite possibly get something done.

tonyhughes
Hawkes Bay
8476 posts

Uber Geek

Retired Mod
Trusted
Lifetime subscriber

  #163018 8-Sep-2008 10:28
Send private message

Tell your friend to seek legal advice, he has been royally dremelled in the exhaust.


OT:

nate: us crack pot wanna be lawyers

I always knew you were a crack-pot wannabe <something>, but never thought "lawyer"...









Create new topic





News and reviews »

Air New Zealand Starts AI adoption with OpenAI
Posted 24-Jul-2025 16:00


eero Pro 7 Review
Posted 23-Jul-2025 12:07


BeeStation Plus Review
Posted 21-Jul-2025 14:21


eero Unveils New Wi-Fi 7 Products in New Zealand
Posted 21-Jul-2025 00:01


WiZ Introduces HDMI Sync Box and other Light Devices
Posted 20-Jul-2025 17:32


RedShield Enhances DDoS and Bot Attack Protection
Posted 20-Jul-2025 17:26


Seagate Ships 30TB Drives
Posted 17-Jul-2025 11:24


Oclean AirPump A10 Water Flosser Review
Posted 13-Jul-2025 11:05


Samsung Galaxy Z Fold7: Raising the Bar for Smartphones
Posted 10-Jul-2025 02:01


Samsung Galaxy Z Flip7 Brings New Edge-To-Edge FlexWindow
Posted 10-Jul-2025 02:01


Epson Launches New AM-C550Z WorkForce Enterprise printer
Posted 9-Jul-2025 18:22


Samsung Releases Smart Monitor M9
Posted 9-Jul-2025 17:46


Nearly Half of Older Kiwis Still Write their Passwords on Paper
Posted 9-Jul-2025 08:42


D-Link 4G+ Cat6 Wi-Fi 6 DWR-933M Mobile Hotspot Review
Posted 1-Jul-2025 11:34


Oppo A5 Series Launches With New Levels of Durability
Posted 30-Jun-2025 10:15









Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.