Employment Lawyer, Wellington

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ren1316

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#279987 20-Nov-2020 15:58

Hi Team, please help point me to "good" employment lawyer in the Wellington area.

My employer is offering me 1 hr TOIL (Time off in Liew) for every 4 hours worked over my regular hours.

My contract do not offer overtime payment. I don't think that is fair. Even in the company HR manual, it states that TOIL is 1:1

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#2607573 20-Nov-2020 16:11

https://dundasstreet.co.nz/about-us/

Susan is the best, really great person - however as with any lawyer I hope you're willing to watch a bonfire of $100 bills with every passing second.

BlinkyBill

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#2607575 20-Nov-2020 16:19

What happened when you referenced the company HR manual? Have you accumulated some TOIL hours already?

wellygary

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#2607576 20-Nov-2020 16:19

Get out...

Your employment relationship has gone south, and lawyering up will simply enrich their profession

Even If you made an agrement for 1:1, these hours are extra to your regular hours,

and I suspect you simply won't be offered any extra hours....

freitasm

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#2607619 20-Nov-2020 16:26

It is not a great situation and sometimes just leaving is the best option.

If you really want to talk to a lawyer, I suggest Costas Matsis (Gault Mitchell Law) in Wellington.

Be warned, you will part with at least a low four-digit sum for a couple of hours work - with any lawyer.

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Dratsab

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#2607670 20-Nov-2020 17:02

Have a chat with someone at Citizens Advice Bureau first. Engaging a lawyer will be a good way to lose a lot of money - unless you're expecting to recoup a significant sum, which you don't sound like you are. As wellygary and freitasm suggest, it is probably best to simply walk away.

BlinkyBill

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#2607715 20-Nov-2020 17:13

It’s very easy to say ‘walk away’, which is too simplistic.

My immediate thought was that someone in the company has made a mistake, and not realising there is a policy made one up on the spot as an act of good faith due to the hours worked. That’s a valid interpretation anyway.

If there is a company policy then that policy prevails, and the first thing to do is to talk to someone in HR. On the information supplied, which is scant, it’s not reasonable to advise ‘walk away’.

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#2607723 20-Nov-2020 17:45

I'd advise great care, with lawyers being the last resort as this step is likely to sour the employment relationship to an unrecoverable point.

Consider asking for a meeting with your company's HR person, taking a support person with you. Take a copy of the company's 1:1 policy with you. Perhaps print a copy of this and store it in your desk so you have it to refer to show if required.

Alternatively, consider quietly asking another manager in the company for their advice on how to handle the situation.

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gehenna

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#2607735 20-Nov-2020 18:08

Not everyone is in a position to up and leave their job right now. As a baseline the employer should be following their legal obligations and internal policies. To get some free advice you can go to your local community law centre. I used them in Wellington some years ago to get some restraint of trade advice. They aren't usually specialists in any particular area but they know enough to point you in the right direction and advise on potential ways to broach the discussion with your employer.

I agree with @BlinkyBill though, sounds like a communication breakdown and/or a lack of knowledge of the person you're dealing with. Not everyone in a position of authority in an organisation knows the law or policies by heart, that's why HR exists. Be transparent, let the person you're dealing with know that you've reviewed the policy and it sounds like there is some confusion so you'll talk to HR for clarity and go from there. They can't stop you doing that.

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#2607839 20-Nov-2020 20:32

When lawyers get involved be prepared to spend thousands or tens of thousands.

dt

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#2608442 22-Nov-2020 15:55

how about trying https://www.employment.govt.nz/about/contact-us/ and ask for some advice first?

BlinkyBill

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#2608450 22-Nov-2020 16:28

dt:

how about trying https://www.employment.govt.nz/about/contact-us/ and ask for some advice first?

the only help you’ll get from them in this circumstance is already listed on that very page:

“General queries

Our opening hours are Monday to Friday 8.00am to 5.30pm excluding public holidays.

Note: We can't interpret employment agreements, provide legal advice or bring personal grievances on your behalf. For legal advice, please consult a lawyer or visit your local community law centres.”

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1101

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#2608788 23-Nov-2020 09:08

many people, including me, get NOTHING for any overtime worked. zero $, zero Time off in Liew

Its allmost the norm & expected in some jobs.

it all really depends on ....
- is the the norm in that sort of job, generally
- is it a full time job
- are you paid a fixed salary , or paid per hour (look in the contract)
- is a good wage/salary, or minimum wage
- just how much overtime is it , per week .

- you still cant be paid less than the min wage , so work out all the overtime worked unpaid, and see if that brings the average down less than the min wage

If you kick up a fuss , you could run the risk of being the next person laid off. So factor that in .
Is the company struggling , or doing really well. is it a skilled job & wont easily replace you ?

BlinkyBill

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#2608795 23-Nov-2020 09:18

1101:

many people, including me, get NOTHING for any overtime worked. zero $, zero Time off in Liew

Its allmost the norm & expected in some jobs.

it all really depends on ....
- is the the norm in that sort of job, generally
- is it a full time job
- are you paid a fixed salary , or paid per hour (look in the contract)
- is a good wage/salary, or minimum wage
- just how much overtime is it , per week .

- you still cant be paid less than the min wage , so work out all the overtime worked unpaid, and see if that brings the average down less than the min wage

If you kick up a fuss , you could run the risk of being the next person laid off. So factor that in .
Is the company struggling , or doing really well. is it a skilled job & wont easily replace you ?

So what? What an unhelpful post.

The fact is that the OP works for a business with an HR POLICY that compensates additional hours worked as time-off-in-lieu at 1:1. The POLICY takes precedence over anything else, including your view of what happens at other companies.

1101

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#2608923 23-Nov-2020 10:55

BlinkyBill:

So what? What an unhelpful post.

pull your head in mate. You know nothing about his employment . I offered an opinion , rather than what he wanted to hear .
Kicking up a fuss , expecting what may not be the normal in an industry is NOT allways the best advice.
Im many jobs its 100% normal to be expected to work overtime for nothing. Thats the REAL WORLD .
a HR Manual isnt binding if his managers dont really have to follow it .

"My contract do not offer overtime payment"

freitasm

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#2608948 23-Nov-2020 11:01

Whoa. That escalated quickly.

Calm down everyone.

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