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453 posts

Ultimate Geek
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Topic # 25903 5-Sep-2008 16:31
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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

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4288 posts

Uber Geek
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  Reply # 162526 5-Sep-2008 16:48
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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

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Uber Geek
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  Reply # 162527 5-Sep-2008 16:50
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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

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  Reply # 162798 7-Sep-2008 15:34
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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

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  Reply # 163013 8-Sep-2008 10:14
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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.

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  Reply # 163018 8-Sep-2008 10:28
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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"...









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