Spotlight on Employment Agreements (lack of . . .)
Another part of the work Citizens Advice does is to track the sort of calls for help we get and shine a 'spotlight' on areas of concern.
Citizens Advice Bureau releases report that shows many employers are breaking the law
Media Release
7 September 2017
Employers are breaking the law by denying workers their entitlement to a written employment agreement. Citizens Advice Bureau has produced a report based on the situations of 473 clients who contacted the CAB in the six months from 1 December 2016 to 31 May 2017 who did not have written employment agreements and who were dealing with a range of other breaches of their employment rights.
“When there is no written employment agreement, employees are vulnerable to being treated badly by their employer”, said Jayne McKendry, Social Policy Advisor at Citizens Advice Bureau New Zealand. Ms McKendry and her colleagues have looked closely at the 473 enquiries and they are appalled at the very clear breaches of law for these people.
“We have seen situations of employees not being paid wages owed to them, having their hours of work changed without discussion, and even being fired on the spot for taking a day’s sick leave” states Ms McKendry. “These are clear abuses of employees’ rights, rights which are very clearly stated in the law”, McKendry noted.
The CAB acknowledges that having a written employment agreement doesn’t guarantee that minimum standards of employment will be upheld, but they assert that a written agreement is a fundamental starting point for any employment relationship. They are calling on all employers, regardless of the size of their business, to make sure they understand their obligations to their staff.
“If you don’t know what’s legally required of you as an employer, it’s time you found out. There is plenty of information and support available to help you”, asserts McKendry.
CABs have seen many situations where things have gone awry at the end of the employment relationship, something that could have been prevented if there was a written employment agreement giving both parties a clear understanding about giving notice and about treating each other fairly and in good faith. “Having a written employment agreement makes life easier for both employers and employees” McKendry noted.
“CABs have received enquiries from clients who got fired on the spot for having a day off sick, or who’ve been told to either work longer hours or leave, or even for asking for an employment agreement. This is clearly unfair, and unlawful.”
“We’ve also talked to people who’ve just walked off the job with no, or very little, notice. In this situation, not having a written employment agreement doesn’t help the employer either”, Ms McKendry noted.
The Labour Inspectorate has statutory powers to enforce compliance with employment laws but given how widespread non-compliance is, they are seriously under-resourced to be able to respond to every breach. There is also currently nowhere for employees to go to safely report a breach of their rights and know that action will be taken in a way that will not back-fire on them.
The CAB believes that a more integrated cross-government approach is needed to address these issues, both in terms of educating employers and ensuring compliance with minimum employment standards.
The CAB hopes their report will prompt employers to get things in order and make sure every worker has a written employment agreement. “We also hope it will prompt government agencies to think of other ways to educate and upskill employers, to ensure there are consequences for those who knowingly disregard the law, and to make it easier for employees to report breaches of their rights without fear of losing their job if they do. We will certainly be advocating for this every chance we get,” Jayne concluded.
Link to full report attached
Also link on where to find us in Christchurch
Contact: Jayne McKendry, Social Policy Advisor, CABNZ, Phone 04 471 2735
Citizens Advice Bureau is an independent community organisation offering free, confidential and independent information, advice and assistance from 83 locations stretching from Northland to Invercargill. Last year volunteers received over 500,000 enquiries on issues ranging from health and family, immigration, housing and employment to consumer rights.
Kalle
"Sports and travelling run in the family, and that's kind of what's led me to come to New Zealand."
"I grew up in a small town in Finland. My dad was involved with sports all his life, he was a shot putter, discus thrower, powerlifter, we traveled quite a bit when I was a kid. He never mentioned much of the rugby days. He just said he broke both of his shin bones playing rugby, so he said, ‘never play the sport, It's crazy.’
I started playing when I was 18. I played my first cap for the Finnish national team in 2014, we won the Finnish championship with my club. Rugby is not a big thing in Finland.
I moved here to play rugby in 2017. The club that wanted me to come over was Methven Rugby Club. They got me here and they were like, ‘what do you do for work? I’d just finished chef school in Finland. ‘We'll get you a job at Mount Hutt as a chef, you can do that while you play rugby with us.’ I said, ‘Perfect. Yeah, I'm in’.
I've always loved food. My mum was an amazing cook, and still is. When I was studying tourism I worked in some hotels in Finland, and I saw how the chef's worked. I just loved the kitchen vibe and I was like, Yeah, that’d be something I'd love to do.
I've had more of a culinary journey In New Zealand than in Finland. I started at Mount Hutt, after that I worked at The Dubliner in Methven. I worked as a senior pizza chef at Sal’s for maybe six months then worked as chef de partie at Cellar Door. At Eliza's Manor, I worked myself up to a junior sous chef. Then the opportunity came to work my first head chef job at Moon Under Water.
We're privileged to have a busy atmosphere, we can try new things and get a bit creative. There are no TV’s, just come here with your family or with your mates, play board games, to socialise.
I really want to drive the local food and ingredients through the menu. We don't mind spending more for quality ingredients as long as it's supporting New Zealand businesses. We just love to use local. And it's pub food, but I feel like it's elevated.
I play club rugby here for the Christchurch Football Club, the oldest club in New Zealand and I still play regularly for the Finnish national team, whenever they can fly me over to play."
- Kalle
View more stories, or nominate someone: @humansofchch
www.humansofchch.org......
Poll: Is it okay to grocery shop in your PJs?
I'm sure you've seen it while doing your weekly shop... In fact, it may have even been you.
What do you think about people heading to the supermarket in their pyjamas?
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14.3% It's fine!
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75.1% It's questionable
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10.6% Other - I'll share below
Vanessa
“Giggly girt! Giggly girt!”
“See I got my hair cut on Friday. I've got my hair band to keep it up. See? Like this I keep it up.
Biscuit Blair - she's my favourite woman. And you. And that cheeky lady over there.
My last name is Rule. I'll write it down for you, you silly old duff.
I was born on West Coast. I moved here when I was a little girl.
I like doing pictures here that’s why I like pictures. Doing art. I like going for a walk. I come here Monday, Tuesday, Wednesday, Thursday.
My sister, I go see her on Saturday. Have a cup of coffee, at home. She's five, nine. 59. I'm five, seven, 57. This year I'll be 58. My birthday's on a Thursday. I'm having chocolate cake and pizza. And lolly ice cream.
Some people are noisy. Nicholas, and Peter and Chris, they are my friends and that giggly girt over there.
I get headache sometimes at other work, because noisy.
I'm happy here. I could go for a walk if I want to. I'm good.”
- Vanessa, White Room Creative Spaces
The White Room is a community creative space that removes barriers to
making art. Through this, artists build confidence and connections and
embrace new opportunities.
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