ACC Rant - Advice appreciated

**oneblackflag** · 16th October 2013, 19:34

Been off work now for over a month due to a back injury that happened at work (probably need surgery... still waiting on results of scans). Boss has now terminated my employment because I can't work (sustained injury from working for him

). ACC.... now tells me that my unused annual leave (about 4-5 weeks worth) will offset my ACC payments

so in effect they basicly pinch my leave payment... this seems horribly unfair to me, I get swindled out of my money whereas someone who didn't have any annual leave owing would just keep receiving ACC...

Anyone else had this happen to them? Or anyone know how to avoid them getting their dirty hands on what's rightfully mine? I will seek some professional advice on this but would love to hear from YOU

**nzspokes** · 16th October 2013, 19:42

That doesnt seem right to me from recent experience. Yes I would be getting advice.

**Road kill** · 16th October 2013, 19:58

You can get legal advice and end up spending more than your going to lose by arguing the point with ACC.

Not much about ACC seems fair when your getting reamed by them but your wasting your time arguing.

Sorry dude, I've been at their mercy a couple of times myself now and feel your pain.

**Laava** · 16th October 2013, 20:02

Yes they will take your holiday pay into account as will WINZ. Try not to stab anyone!

**oneblackflag** · 16th October 2013, 20:07

Originally Posted by Laava

Try not to stab anyone!

One day at a time...

**hayd3n** · 16th October 2013, 20:17

take a grievence out with employer

ex workm8 did this and had the dole before the week ended
he never finished the case just filed it ,and got the dole ,and spent his holiday money

**Ocean1** · 16th October 2013, 20:26

Firstly, your boss can't sack you for being unable to work. Get someone of a legal bent to write to him explaining that he's responsible for paying you until ACC accept liability for your income. If you can't afford a lawyer try asking WINZ to sort him out.

Edit: the boss can eventually sack you under what's called "frustration of contract", but we're talking fucking months before he gets to do that.

Second, ACC is supposed to be a last resort revenue, your holiday pay and any other income you have outstanding is supposed to be used up first.

**Mom** · 16th October 2013, 20:38

Did ACC and your employer accept and agree you back injury happened at work? If they did you have been entitled to 80% of your wages ( averages and percentages apply) from the day you were unable to work. Your boss pays the first week, ACC from then on in. ACC will encourage and support (read PUSH) you back to work. You cant be sacked for being injured, you cant. If you have been sacked inside a month, you have a really good case against your employer, that is ridiculous!

I reckon there is a whole lot more to this story than what you are sharing. Let us have the full story, there are plenty of us that have had time off on paid ACC, for weeks, and have kept our jobs.

Your holiday pay will only be an issue if you accept it. If you get paid it out, then you are going to be docked your ACC money. No double dipping FFS!

**oneblackflag** · 16th October 2013, 20:40

Originally Posted by Ocean1

Firstly, your boss can't sack you for being unable to work. Get someone of a legal bent to write to him explaining that he's responsible for paying you until ACC accept liability for your income. If you can't afford a lawyer try asking WINZ to sort him out.

Edit: the boss can eventually sack you under what's called "frustration of contract", but we're talking fucking months before he gets to do that.

Second, ACC is supposed to be a last resort revenue, your holiday pay and any other income you have outstanding is supposed to be used up first.

ACC has been paying me so far and will continue I believe until I'm fit to work again (except for any holiday leave that's outstanding)

My contract does have a clause for dismissal due to injury or sickness.

**oneblackflag** · 16th October 2013, 20:43

Originally Posted by Mom

Did ACC and your employer accept and agree you back injury happened at work? If they did you have been entitled to 80% of your wages ( averages and percentages apply) from the day you were unable to work. Your boss pays the first week, ACC from then on in. ACC will encourage and support (read PUSH) you back to work. You cant be sacked for being injured, you cant. If you have been sacked inside a month, you have a really good case against your employer, that is ridiculous!

I reckon there is a whole lot more to this story than what you are sharing. Let us have the full story, there are plenty of us that have had time off on paid ACC, for weeks, and have kept our jobs.

It's coming up to 6 weeks since accident... and yes boss paid 1st week then ACC @ 80% nothing extra to it. I may have to go my boss for unfair dismissal....

**Mom** · 16th October 2013, 20:47

Originally Posted by oneblackflag

then ACC @ 80% nothing extra to it.

What extra were you expecting to get? That is what you are entitled to.

**oneblackflag** · 16th October 2013, 20:47

The reason the boss sacked me is that it may be a long time till I even get an operation, then there is recovery time on that...

**Ocean1** · 16th October 2013, 20:49

Originally Posted by oneblackflag

My contract does have a clause for dismissal due to injury or sickness.

You can't contract out of employment law. No matter what your boss or your employment contract says he can't sack you for being unable to work, end of story.

**oneblackflag** · 16th October 2013, 20:51

Originally Posted by Mom

What extra were you expecting to get? That is what you are entitled to.

the "nothing extra to it" is regarding you comment that im not giving you the whole story.

I don't believe getting holiday pay is double dipping... as If I had already taken all my holidays before accident they would have nothing to dock