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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 | ||
| 292965 | 2004-11-16 19:23:00 | Verbal agreements are just as binding as written, but they're much harder to enforce especially if you have no proof such as corroboration from third parties of the agreement. You cannot be made to sign or agree to something (agreement/contract) under duress. If you have proof of that, then the contract is void. Otherwise it comes down to who is believable. You cannot be made to adhere to or be bound by a document that is outside the law (ultra vires, rare beast to get a determination of AFAIK). Do you have a copy on this persons letter head or with their signature. To me it sounds like constructive dismissal. Don't take my word for it though, get legal advice. Hopefully Winnie will add to this and correct any misinformation. I would question the cost in both time and money to pursue this, watch for counter claims. Don't go grabbing items of value from his premises, it'll get very messy from there. Murray P |
Murray P (44) | ||
| 292966 | 2004-11-16 19:32:00 | BTW, reading between the lines, it seems to me that this person wanted a cheap employee who could take the can for some business aspects like costs and overtime time rather than a partner in business. If that is the case, then the lesson learned is worth much more than they owe you ;) Murray P |
Murray P (44) | ||
| 292967 | 2004-11-16 19:40:00 | Yeah, I agree... I just rang up IRD and nothings been presented - They gave me the number: 0800 800 863 Labour Department Said that I should call them and talk about the lack of tax paid....... |
Chilling_Silence (9) | ||
| 292968 | 2004-11-16 19:47:00 | If he's as unscrupulous as you suggest, what's to stop him saying you were and independent contractor and should have been paying your own taxes. You stole sole goods or services off him, or used them without reimbursing as per your agreement. Be careful stirring up someone who has no scruples, who is prepared to play hard and has experience playing that way. Murray P |
Murray P (44) | ||
| 292969 | 2004-11-16 19:48:00 | I had thought the same, hence why Ive not called IRD yet..... | Chilling_Silence (9) | ||
| 292970 | 2004-11-16 19:52:00 | Was anyone else employed there during the time you were working for him? | 4bes (2848) | ||
| 292971 | 2004-11-16 19:58:00 | How were you paid? Cash, cheque, direct credit? | 4bes (2848) | ||
| 292972 | 2004-11-16 20:10:00 | No, nobody was. I was paid cash because we didnt have access to the old bank account and the bank wouldnt open a new one until something was done with the Name of the business. |
Chilling_Silence (9) | ||
| 292973 | 2004-11-16 20:17:00 | It will be very hard to prove you were employed and could get messy. How about trying one of those employment lawyers that advertise everywhere. No fees unless you win the case. |
4bes (2848) | ||
| 292974 | 2004-11-16 20:24:00 | http://www.legalalternative.co.nz/ | 4bes (2848) | ||
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