https://www.ohbaby.co.nz/forum/ Copyright (c) 2006-2013 Web Wiz Forums - All Rights Reserved. Fri, 08 May 2026 22:17:09 +0000 Sat, 05 Dec 2009 08:03:49 +0000 http://blogs.law.harvard.edu/tech/rss Web Wiz Forums 12.05 360 https://www.ohbaby.co.nz/forum/RSS_post_feed.asp?TID=30319 https://www.ohbaby.co.nz/forum/forum_images/web_wiz_forums.png https://www.ohbaby.co.nz/forum/ https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861440&title=bad-luck-wrong-time#861440 Author: jazzy
Subject: 30319
Posted: 05 December 2009 at 8:03am

Kandice wrote: Stress leave? Whats that? Yeah hes a plasterboard fixer jazzy.. I did email back and say that but now he is not replying! GRRRRR Hes a very intimidating ex gang member to just to make it harder.

hmm an ex gang member, well he needs to know he can not get away with stuff like this in the real world.
Bet he is know to the police, so that makes his verbal threats more real also.

I would so totally use the ex gang member thing to your advantage.

A Dr can put you on stress leave & you don't lose your job, but don't think that would help you know.

I would send 1 more email as say, since we are unable to sort out this matter between ourselves we will be referring it to a third party & taking action over the unfair dismissal, the consistence missing wages, not making the auto payments as requested, work accident (and anything else you can think of).

Then take action.

I guess the best out come will be a cash settlement form him & DH getting a new job. I would do door knocking for a job.

]]> Sat, 05 Dec 2009 08:03:49 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861440&title=bad-luck-wrong-time#861440 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861382&title=bad-luck-wrong-time#861382 Author: kiwisj
Subject: 30319
Posted: 05 December 2009 at 12:08am

Kandice, no matter what this guy says about making your DH's life hell or stopping him from getting work in the future .. he's bullsh*tting you. He is completely in the wrong, you're right not to take this lying down! Chch is a small place, if your DH has been treated like this then it's likely others in the industry know EXACTLY what this guy is like and will understand why your DH left in a hurry etc.

Try and keep records of all the intimidating stuff, even if it's just you keeping a diary of what's said if you don't have it in writing/email/txt, because I'd be looking for compensation now as well as back pay and the other $$ owed.

What a jerk.]]> Sat, 05 Dec 2009 00:08:10 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861382&title=bad-luck-wrong-time#861382 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861314&title=bad-luck-wrong-time#861314 Author: flakesitchyfeet
Subject: 30319
Posted: 04 December 2009 at 9:45pm

I'd take it straight to the cops. If he's intimidating you that much, it's not on, and a cop liasion will be able to work though it for you. You certainly have a case for unjustified dismissal!

Edited by Flake]]> Fri, 04 Dec 2009 21:45:56 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861314&title=bad-luck-wrong-time#861314 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861289&title=bad-luck-wrong-time#861289 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 9:07pm

Stress leave? Whats that?

Yeah hes a plasterboard fixer jazzy..

I did email back and say that but now he is not replying! GRRRRR Hes a very intimidating ex gang member to just to make it harder.]]> Fri, 04 Dec 2009 21:07:46 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861289&title=bad-luck-wrong-time#861289 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861214&title=bad-luck-wrong-time#861214 Author: jazzy
Subject: 30319
Posted: 04 December 2009 at 7:36pm

oh now that would piss me off, red flag time.

I would email back saying DH has not quit, you dismissed him.

I would go to the dr get a med cert & maybe stress leave?
make that pig pay]]> Fri, 04 Dec 2009 19:36:28 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861214&title=bad-luck-wrong-time#861214 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861201&title=bad-luck-wrong-time#861201 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 7:22pm

He is the owner. The foreman was advised of the accident at the time, they just don't really care.

We tried to get him to admit it in writing, but hes not stupid.
We got the $100 shortfall. Hes missing money in his holiday pay now.

Hes also saying that because DP didnt take the offer of the job back that he quit so doesnt get the 2 weeks?
]]> Fri, 04 Dec 2009 19:22:51 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861201&title=bad-luck-wrong-time#861201 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861190&title=bad-luck-wrong-time#861190 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 7:13pm

He is the owner. The foreman was advised of the accident at the time, they just don't really care.

We tried to get him to admit it in writing, but hes not stupid.
We got the $100 shortfall. Hes missing money in his holiday pay now.

Hes also saying that because DP didnt take the offer of the job back that he quit so doesnt get the 2 weeks?
]]> Fri, 04 Dec 2009 19:13:20 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861190&title=bad-luck-wrong-time#861190 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861159&title=bad-luck-wrong-time#861159 Author: jazzy
Subject: 30319
Posted: 04 December 2009 at 6:46pm

Kandice, I take it he is a builder or something along those lines, & if that's the case the business has to have a special acc standard in place & any any work place accidents can cost them big time in several ways.

Is this guy is foreman or owner of the business?

I would say firstly we need to sort out his missing pay, then his unfair dismissal & the work accident, this guy is going to crap himself. He has already started back tracing so your DH has the power now.

Unless the threat is in writing it is just hear say & it would not hold up unfortunately, but he made it to your DH & they both know that so I think your DH is now in a good position.

If he does go back to work I would sit down & dot the i & x the t. Make it understood that DH will not take any crap or fraudulent behavior from him & if anything like that happens again he will report him.
Basically put him on a written warning.

Good on you for the paper trail & keep the texts.]]> Fri, 04 Dec 2009 18:46:35 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861159&title=bad-luck-wrong-time#861159 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861136&title=bad-luck-wrong-time#861136 Author: MindyW
Subject: 30319
Posted: 04 December 2009 at 6:26pm

Shouldnt his accident be covered by ACC? So his stupid boss only has to pay 20% or so. Can you get your partner to go to his G.P and organise ACC through them? Esp. if its his back!

And he will go for more of a skate once the lawyers know the threat he's made!!!

Good luck]]> Fri, 04 Dec 2009 18:26:09 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861136&title=bad-luck-wrong-time#861136 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861122&title=bad-luck-wrong-time#861122 Author: Nothing
Subject: 30319
Posted: 04 December 2009 at 6:13pm

This just sounds like bullsh*t from his boss, I would ring up a lawyers straight away and find out my rights. The labour department needs to investigate this guy if people are getting hurt and then fired! It sounds very dodgy to me. Good luck ]]> Fri, 04 Dec 2009 18:13:36 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861122&title=bad-luck-wrong-time#861122 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861105&title=bad-luck-wrong-time#861105 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 5:56pm

I think thats exactly it jazzy.

I wrote a very long and formal email outlining EVERYTHING. The problems with pay, the missing payments to places he said he had paid. The dismissal for injury, and that the contract states, if fired for 'poor performance' which is all i can think it could be put under as its not abandonment, then hes to be paid out 2 weeks. Also states that 2 written warnings are required.

Hes been texting him all day today asking for him to come back to work, but to be honest, the guy is really horrid to work for. DP also feels that hes only asking him back so that he can get off paying him out. Then he will find some other way to screw him over.

DP is excellent at his job, and this guys not going to get much done without him. ]]> Fri, 04 Dec 2009 17:56:59 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861105&title=bad-luck-wrong-time#861105 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861098&title=bad-luck-wrong-time#861098 Author: jazzy
Subject: 30319
Posted: 04 December 2009 at 5:52pm

What a sh*t situation, what are you going to do?

I feel for your DH, it would be hard working for a pig like that.

Do you think he has thought about it & is scared because you have a good case?]]> Fri, 04 Dec 2009 17:52:40 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861098&title=bad-luck-wrong-time#861098 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861086&title=bad-luck-wrong-time#861086 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 5:47pm

We sent him an email yesterday afternoon, as everything is usually said over the phone or via text and we wanted a paper trail, he relied via text at 10pm last night saying sick days were not paid due to not having a med cert. Which we would have got, but contract states its not needed unless requested. We also received texts at midnight asking to take it all back and for DP to go back and work for him.

Good thing is, we have all the texts still, only problem is he mentioned the threat over the phone, and then denied even saying it when it was bought up.

Edited by Kandice]]> Fri, 04 Dec 2009 17:47:29 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861086&title=bad-luck-wrong-time#861086 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861072&title=bad-luck-wrong-time#861072 Author: jazzy
Subject: 30319
Posted: 04 December 2009 at 5:36pm

Kandice, I understand you are worried about future work, but caving into threats is not the way. He sounds like a bully & he is being unlawful & could lose his business due to safety standards. Next accident may cost someone there life so he needs to be investigated.

Sorry but I think there is more to this story. Why did you have contact with him at 10pm?

If he has threatened to make like hell if you stand up to him, what makes you think he wont anyway, only problem later on you wont be able to do anything about it.

You can ring an employment lawyer & give no names, be honest with everything & they will advise you if you have a case, you could end up with compensation as well as what is owed to your DH.]]> Fri, 04 Dec 2009 17:36:01 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861072&title=bad-luck-wrong-time#861072 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861029&title=bad-luck-wrong-time#861029 Author: MissCandice
Subject: 30319
Posted: 04 December 2009 at 5:10pm

I wish we could take it further, but hes been threatened that if he does that, the boss is going to make his life hell, forever.

I know he cant do it legally, but he will and we cant afford for him not to be able to get work.

It has been 6 months that he is employed there. He had an accident on monday, one of the work benchs collapsed and he landed on his back. Contract states that if boss needs med cert, he will ask. After recieving final pay, no sick leave was paid, and now boss is saying it is because we did not supply med cert. He told us this at 10pm last night ]]> Fri, 04 Dec 2009 17:10:15 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=861029&title=bad-luck-wrong-time#861029 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860947&title=bad-luck-wrong-time#860947 Author: jem
Subject: 30319
Posted: 04 December 2009 at 4:20pm

wow i would so be doing something about all this, thats so not right and he shouldnt get away with it. ]]> Fri, 04 Dec 2009 16:20:30 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860947&title=bad-luck-wrong-time#860947 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860705&title=bad-luck-wrong-time#860705 Author: kiwisj
Subject: 30319
Posted: 04 December 2009 at 1:22pm

So sorry to read this Kandice.

I agree with the others, get onto an employment lawyer ASAP and fight for what he's due. Good luck.]]> Fri, 04 Dec 2009 13:22:16 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860705&title=bad-luck-wrong-time#860705 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860500&title=bad-luck-wrong-time#860500 Author: jazzy
Subject: 30319
Posted: 04 December 2009 at 10:32am

That totally sucks.
I would take action now with your DH's work issues.

The way I see it you have 2 options

1- do them for unfair dismissel & withholding wages.
Ring the lawyers at employment relations for advise, they are really helpful. There are lots of employment lawyers in the ph book & if you have a case they will take it.

2-go to the employer & demand the missing wages & tell them you will have the IRD audit them (that should put fear in to them)

I take it he has not been there long, hope this is not happened in a trial period.

Get all bank statements & wage slips.
You need to find out where the deductions where paid if they were paid.

Good on you for having xmas sorted, so you don't have to stress about that.
]]> Fri, 04 Dec 2009 10:32:07 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860500&title=bad-luck-wrong-time#860500 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860330&title=bad-luck-wrong-time#860330 Author: clover
Subject: 30319
Posted: 04 December 2009 at 8:31am

Kandice, what will you be doing about your DH? Don't just let it go, make sure you confront them about it. We had an issue with my DH's employer earlier this year and ended up getting lawyers involved (and it worked out very well for us). Make sure he gets what he is owed.

I'm really glad that you've got Christmas sorted though and that you seem to be enjoying your job.]]> Fri, 04 Dec 2009 08:31:14 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860330&title=bad-luck-wrong-time#860330 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860191&title=bad-luck-wrong-time#860191 Author: FreeSpirit
Subject: 30319
Posted: 03 December 2009 at 10:16pm

Oh rats, what a poo time of year for that to happen - he needs to collect all payslips and bank statements from the time he has been employed and go see a lawyer by the sounds of it.

Good to hear that you've got christmas covered anyway!]]> Thu, 03 Dec 2009 22:16:11 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860191&title=bad-luck-wrong-time#860191 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860156&title=bad-luck-wrong-time#860156 Author: MissCandice
Subject: 30319
Posted: 03 December 2009 at 9:45pm

Hmmmm.

DF has lost his job. I think he has been unjustifiably dismissed. He has not been paid properly the whole time hes worked there, and this week he has been short changed $100 - between what his payslip says, and what was deposited. Also, his employer has not paid the deductions from his wages to the people he should have been paying.

Lucky i done 86 hours for my pay this week so will be able to use that to fall back on. Im soooo glad i done chrisco this year for vouchers. I have $200 each of petrol, food and warehouse coming. I have Kylah presents on layby almost paid, i pick them up tuesday. I have the other half of her christmas presents paid and im waiting for them to be delivered. I have everyone else all sorted.

I cant wait for christmas though, i cant wait to see the look on her face when she sees all her presents and starts to open them, and most of all, i cant wait to see my nana!!]]> Thu, 03 Dec 2009 21:45:33 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=30319&PID=860156&title=bad-luck-wrong-time#860156