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Thread: Any lawyers on the Forum specilising in Employment law or could reccomend someone ?

  1. #1
    Member mikee's Avatar
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    Any lawyers on the Forum specilising in Employment law or could reccomend someone ?

    Missus is having trouble getting her annual leave approved, has just been told the leave she applied for in last week Jan is not going to be approved as they cant cover here but she could have the week before....................... she applied for this leave in June this year.
    She has already had another leave application declined for "no cover" and because "your husband cancelled his leave anyway" which I did because hers was not approved 3 day before it was due to happen. Could not stuff my employer around as he needed to employ a contractor to cover me

    She currently has over 9 weeks annual leave owing..........

    We are not sure where to go from here

  2. #2
    Member Shearer's Avatar
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    Totally unreasonable. Sorry, can't help with the law but that sucks.
    Experience. What you get just after you needed it.

  3. #3
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    She could just be sick with stress Mikee?
    Boom, cough,cough,cough

  4. #4
    Member EeeBees's Avatar
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    mikee, I would say she has more than reasonable cause to take this up as an employment issue ... four weeks annual leave is in law to full-time permanent staff if that is pertinent to her... the fact that she has nine weeks owing, then she should speak (or seek) to address the issue with Employment New Zealand ... she needs also to revisit her contract she has with her employer ... https://www.employment.govt.nz
    ...amitie, respect mutuel et amour...

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  5. #5
    Almost literate. veitnamcam's Avatar
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    Just tell them " I am having it off end of! You cant find cover in 6 months? sort your shit out or you will have a PG on your arse"
    Pointer, JoshC, stingray and 4 others like this.
    "Hunting and fishing" fucking over licenced firearms owners since ages ago.

  6. #6
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    I have a couple suggestions from "the other side" and a few pointers.

    First thing to bear in mind is Human resources departments are there to protect the business, not the staff.



    Bigger companies are a pain for sh_t like this. I handed one of our staff a letter from HR telling him he had too much leave and he needed to apply for some and have a holiday. He showed me the letter he got from someone else in HR / Rostering an hour earlier declining a four week holiday that he had applied for.....He saw the funny side, but I must admit I would have been really pissed.....

    You are right to seek legal advice. Especially before you make any big decisions. Especially the one I suggested first.

    How "essential" is she to the job? If there is absolutely no way to cover her it may be worth suggesting that you will take your leave in a cash settlement at the completion of your notice period and that your last day will be......This only works if you are actually prepared to follow through and works really well if you have a job offer on hand. If her job is "essential" then the presumption can be made that her remuneration reflects that which may make finding a comparable job difficult, so this option may not work. However if your remuneration is easily found elsewhere (eg check out operator at super market / minimum or near that in wages) then her tasks lay not be specifically classed as essential.

    There is scope for leave to be declined, but it must be reasonable and having that much notice does not sound reasonable on the face of it. Cannot be bothered hiring and training cover is not a reasonable ground to decline from memory.
    veitnamcam, Rich007, mikee and 3 others like this.

  7. #7
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    Theres no excuse to decline leave with that much notice being given imo, what does the contract specify? id be putting the foot down hard and take legal action if necessary
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    If she can't be replaced surely that means her time is worth more and a pay rise needed
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  9. #9
    Member Savage1's Avatar
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    I know little about employment law, however I thought at the end of the day the employer had the choice when annual leave could be taken as long as they give 14 days notice. I think the wording in the act is 'reasonable', if they genuinely can't find cover then it's not unreasonable.

  10. #10
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    Quote Originally Posted by timattalon View Post
    I have a couple suggestions from "the other side" and a few pointers.

    First thing to bear in mind is Human resources departments are there to protect the business, not the staff.



    Bigger companies are a pain for sh_t like this. I handed one of our staff a letter from HR telling him he had too much leave and he needed to apply for some and have a holiday. He showed me the letter he got from someone else in HR / Rostering an hour earlier declining a four week holiday that he had applied for.....He saw the funny side, but I must admit I would have been really pissed.....

    You are right to seek legal advice. Especially before you make any big decisions. Especially the one I suggested first.

    How "essential" is she to the job? If there is absolutely no way to cover her it may be worth suggesting that you will take your leave in a cash settlement at the completion of your notice period and that your last day will be......This only works if you are actually prepared to follow through and works really well if you have a job offer on hand. If her job is "essential" then the presumption can be made that her remuneration reflects that which may make finding a comparable job difficult, so this option may not work. However if your remuneration is easily found elsewhere (eg check out operator at super market / minimum or near that in wages) then her tasks lay not be specifically classed as essential.

    There is scope for leave to be declined, but it must be reasonable and having that much notice does not sound reasonable on the face of it. Cannot be bothered hiring and training cover is not a reasonable ground to decline from memory.
    Depends on the company but HR protecting the employees also protects the company and the smart ones know this. Also having employees with too much leave owing can be very dangerous for the company.

    Mikee I'll have the Mrs flick an eye over your post and let you know if she's got anything valuable to offer.
    gadgetman, shift14 and Cordite like this.

  11. #11
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    Get actual legal advice Mikee as most of the suggestions in this thread are terrible.

    Presumably you have read the Holidays Act 2003 and have reviewed your wife's I.E.A

    Employer only needs to be seen as reasonable and does not have to approve leave if the leave will negatively impact the business regardless of when it was applied for.

    I need more information to be any more specific than that.
    kiwijames likes this.

  12. #12
    Member mikee's Avatar
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    Quote Originally Posted by Nibblet View Post
    Depends on the company but HR protecting the employees also protects the company and the smart ones know this. Also having employees with too much leave owing can be very dangerous for the company.

    Mikee I'll have the Mrs flick an eye over your post and let you know if she's got anything valuable to offer.
    Thanks and via PM would be better I think. We are just not sure where to go from here. She does not want to quit but it seems at the moment one of the only options

  13. #13
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    bullying prats, known since June but just tell you now?

    There is free legal advice available you could sound out about options to take before getting too immersed financially I believe?

    I'd stick it to them,
    but, not everyone is in a position to do so at times.
    Good luck with this

  14. #14
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    Can't promise any speed as she's real busy
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  15. #15
    Member northdude's Avatar
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    Join a union
    rossi.45 and Cordite like this.

 

 

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