Employment law input needed

[ManDownUnder]

Person A works in a shop.

They're 3 weeks + behind in their pay, as are all the staff and the boss comes and goes paying the suppliers, but leaving anyone that can be put on a string... waiting...

He's paying suppliers $50k/month etc... (so they don't cut him off...?). So... when he does fly out to Melbourne he requests his contact details are not passed on. A tad suss...

Money from the shop is being banked daily into his wife's personal account (and it is being watch very closely)... and Friend A is doing all this while out of pocket herself. The money is apparently all out of the country in his native land.

So... tomorrow is meeting time.. he's in town and hopefully going to pay salaries but...

What if he doesn't? What can Friend A actually do? Legally take that value in stock for personal security? I doubt a union covers her (does it???) so while he's in town (one day only - Wednesday20 June)... what does she do to cover her debts... she has rent to pay etc and is borrowing money etc to make ends meet.

It's BS.

Advice? Preferably qualified legal or business...

[NighthawkNZ:Me]

So... tomorrow is meeting time.. he's in town and hopefully going to pay salaries but...

What if he doesn't? What can Friend A actually do? Legally take that value in stock for personal security? I doubt a union covers her (does it???) so while he's in town (one day only - Wednesday20 June)... what does she do to cover her debts... she has rent to pay etc and is borrowing money etc to make ends meet.

It's BS.

Advice? Preferably qualified legal or business...

If the money is there, he has to pay his employee's, personally I would get a laywer in on the act asap

[Pumba]

Lawyer Up and nail his arse

[jafar]

Sounds like he is skimming. Get a lawyer onto it & get the Labour department there as well.
IRD will be very interested in him banking direct into his wife's account too. Set them loose on him they are like a pack of rabid dogs when they smell this sort of shit

[T.W.R]

Wages protection act 1983

Recovery of arrears of wages:

It is a breach of the employment agreement for an employer not to pay the correct wages, or not to pay wages when they are due. Actions for the recovery of arrears of wages may be taken by either an employee or a labour inspector.

Employees may take action in the Employment Relations Authority under the Employment Relations Act to recover wages or other payments that have not been paid or that have been paid at a lower rate than legally required by an employment agreement or an apprenticeship contract (s 131 ERA)

( Taken from Employment Law Guide)

Sections 130 - 132 of the Employment Relations Act (Recovery of Wages)



If taken to the ERA they have the jurisdiction to impose a penalty of up to $5000 for an individual employer or upto $10000 for a company or corporation

[SwanTiger]

Friend A should wise the fuck up, realise they're getting fucked, get a lawyer, find other employment to pay the bills and get the fuck on with life.

[T.W.R]

This link is to the D.O.L employment relations service with a simple breakdown of the rules concerning wages

http://www.ers.dol.govt.nz/pay/deductions.html

[SARGE]

Helen Thorpe & associates
Employment Relations Specialists


09 360 6200

a former client of mine at Red Baron and a keen biker..

[Macktheknife]

Get a lawyer fast, essentially a breach of 'good faith in employment relationship', also a breach of employment contract. Goods can be taken as a 'Lein against a debt' but they must be kept in a secure place and in saleable condition for return once payment is made. (better make the goods worth a lot more than the debt, accidently of course). There are some reasonably strict rules around securing a lein in law so care must be taken, last resort basically.
Finally, get a good lawyer.
In some limited instances IRD can prevent a person leaving the country if it is in the interests of the nation etc.
My question would be 'what have the staff been told about the situation?'

[T.W.R]

Get a lawyer fast, essentially a breach of 'good faith in employment relationship', also a breach of employment contract. Goods can be taken as a 'Lein against a debt' but they must be kept in a secure place and in saleable condition for return once payment is made. (better make the goods worth a lot more than the debt, accidently of course). There are some reasonably strict rules around securing a lein in law so care must be taken, last resort basically.

You What??? breach of 'Good Faith' ??? 'Good faith' is relevant only to Bargaining of employment agreements as in 'the codes of Good faith' sections 35-39 of the Employment Relations Act

What your implying be done is weight enough for the employer to terminate employment under 'Theft as a servant'

[SARGE]

What your implying be done is weight enough for the employer to terminate employment under 'Theft as a servant'

i guess a good old ass kickin would be out of the question

[Sniper]

i guess a good old ass kickin would be out of the question

Dark alley, balaclavas, batons and steel toes?

[scumdog]

Dark alley, balaclavas, batons and steel toes?

Still won't get 'A' her dosh though.....

[Sniper]

Still won't get 'A' her dosh though.....

Job satisfaction?

[SARGE]

Dark alley, balaclavas, batons and steel toes?

nah man .. thats too dodgy.. im more of a "crowded parking lot in front of the rest of the employees" kinda guy

steel caps and Ikon Titanium gloves for sure though