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| Thread ID: 51288 | 2004-11-16 16:56:00 | Off Topic: Small claims, civil disputes, and Law in NZ online anywhere? | Chilling_Silence (9) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 292955 | 2004-11-16 16:56:00 | Greetings, Some of you may know that my previous employer did not appreciate my leaving the company. This was mostly because of my not wanting to sign an "Employment Contract" which was 10 lines long. Laughable to say the least, and aside from that it was more a statement of Submission than an employment contract. This was only presented to me after working back at my previous place of employment after 3 1/2 weeks. (Origionally myself and "Joe Bloggs" were going to purchase this business after a month of management) Up until then, it had only been a verbal contact between myself and my employer/partner. He also owed me a small sum for money I had personally lended him. The idea was that at the end of the month we would meet with a financial advisor and discuss the possiblities. Rather than go along with this, my 'partner' of the time decided to skip that, and purchase the business without consulting me. I decided at that time to pull out, and had been planning on it for about a week beforehand. So, obviously Mr. Bloggs was annoyed with my leaving. End of the day, long story cut short: Im still owed money by this "Bloggs", however from browsing the Employment Tribunal website - Theres little I can do for the last weeks wage owed to me still. However Im told I can claim a Civil Dispute, confiscate something from the shop and give written notice that the smaller amount of $ that is owed to me by "Bloggs" personally needs to be paid by date XYZ or I will sell off the confiscated item to claim back what is owed to me. Ideally I wont have to do that, but Im just curious what my options are. Is there anywhere in NZ that has Law and law assistance online? Many thanks Chill. |
Chilling_Silence (9) | ||
| 292956 | 2004-11-16 17:10:00 | http://www.netlaw.co.nz/ | Jim B (153) | ||
| 292957 | 2004-11-16 17:11:00 | I doubt very much if you can remove an item and hold it as security. I think you are more likely to be charged with theft. You can take him to the small claims tribunal and if you win you hopefully get paid. If you don't get paid you can apply for a winding up order,which will put the business into receivership. If it is only a small amount it is probably easier to write it off. Jack |
JJJJJ (528) | ||
| 292958 | 2004-11-16 17:22:00 | I agree Jack - Its precious little, however its not the monetary value I am after. He's treating other long-term customers badly (I would elaborate but it would be breaking rules) so its more, for me, teaching me that he cant treat people like that and get away with theft. I'll check out Netlaw :-) Thanks guys, Any other thoughts/comments? Cheers Chill. |
Chilling_Silence (9) | ||
| 292959 | 2004-11-16 17:48:00 | Chill, On principle such evil must be pursued, or it will bite again. Was there a verball agreement to buy the business together? Winston may help, this sound's without detail, like a contract, in which case the offender has breached said, and is liable. Why can you have your last weeks wages, did you walk, or was it mutually agreed? D. |
drb1 (4492) | ||
| 292960 | 2004-11-16 18:03:00 | Chill, This is also two or three differnt issues. If you get cunning and write the issues out you can get 3 appointments with 3 very good different councill 1st hour/1st consultation free. send in the docs first and then attend. Gary Pollack and co offer this service, gary is a deadly Employment Lawyer and he supervises his juniors closley. Then 1 for the contract issue, and 1 for the money. I could give you a list of great criminal council, but civil I would have to dig on a little. D. |
drb1 (4492) | ||
| 292961 | 2004-11-16 18:16:00 | I handed in two weeks notice.... The idea was after 1 month we would discuss purchasing of it. I indicated I didnt think it was a good idea and wanted to have the meeting with a financial advisor asap. He went ahead without me and purchased it, as well as taking the "senior" role at the place and handing me a laughable 10-line "employment contact". I told him no way and gave two weeks notice on the spot. I like the idea about 3x consultations :D |
Chilling_Silence (9) | ||
| 292962 | 2004-11-16 19:10:00 | Even without a written contract, you would still be covered by current employment laws so you should be able to get your final pay and any holiday pay. If you want to get really nasty, ask the IRD if they received the PAYE from your last weeks of employment. :) |
4bes (2848) | ||
| 292963 | 2004-11-16 19:13:00 | The IRD havent received ANY for the whole 6 weeks....... | Chilling_Silence (9) | ||
| 292964 | 2004-11-16 19:14:00 | did someone mention an audit...........? :D | 4bes (2848) | ||
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