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MissCandice 
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Location: Christchurch
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 Topic: Bad Luck :( Wrong Time..
Posted: 03 December 2009 at 9:45pm |
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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!!
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FreeSpirit
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Joined: 23 November 2008
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Posted: 03 December 2009 at 10:16pm |
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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!
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clover
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Posted: 04 December 2009 at 8:31am |
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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.
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jazzy
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Posted: 04 December 2009 at 10:32am |
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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.
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kiwisj
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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.
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SJ
Callum - Dec 2008
Daniel - Oct 2010
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jem
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Posted: 04 December 2009 at 4:20pm |
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wow i would so be doing something about all this, thats so not right and he shouldnt get away with it.
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MissCandice
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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 
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jazzy
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Posted: 04 December 2009 at 5:36pm |
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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.
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MissCandice
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Posted: 04 December 2009 at 5:47pm |
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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
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jazzy
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Posted: 04 December 2009 at 5:52pm |
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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?
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MissCandice
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Posted: 04 December 2009 at 5:56pm |
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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.
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Nothing
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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 
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MindyW
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Posted: 04 December 2009 at 6:26pm |
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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
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My Beautiful Little Emily
We've Waited for You Forever!
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jazzy
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Posted: 04 December 2009 at 6:46pm |
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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.
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MissCandice
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Posted: 04 December 2009 at 7:13pm |
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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?
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MissCandice
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Posted: 04 December 2009 at 7:22pm |
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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?
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jazzy
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Posted: 04 December 2009 at 7:36pm |
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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
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MissCandice
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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.
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flakesitchyfeet
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Posted: 04 December 2009 at 9:45pm |
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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
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kiwisj
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Posted: 05 December 2009 at 12:08am |
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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.
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SJ
Callum - Dec 2008
Daniel - Oct 2010
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Bad Luck :( Wrong Time..
