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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 | ||
| 292975 | 2004-11-16 20:27:00 | Yeah, but for the amount Im going to get, I know some lawyers charge tons... Good idea, I'll think about it. Might as well add the last part of this employers issues in: I was doing freelance work and given a job to sell a guy a Modem for his old HP Palmtop. I got in contact with this guy about a week before I began managing the business with "Mr Bloggs". So, in order to try and give the cafe a boost in cashflow, I took the money out of my account the day that it came in and took it to work. Approx two days later, I took the required money to our supplier and purchased the goods. About a week before I left (A week into my two weeks notice) the guy wanted a refund because the modem was the wrong type. The origional receipt (Of ours with our supplier) was misplaced, however I had one from approx a week earlier which I was informed (Twice) when I called the supplier that we could use to initiate the refund. This receipt was given to "Mr Bloggs" who is still working at the business, I am not. I do not have the receipt, nor the modem, nor the marginal profit that was made. Now the client wants a refund but "Mr Bloggs" is claiming its my responsibility to do so. The client sent his bank details on to me which I forwarded to "Mr Bloggs" so that it could be paid, but he refuses. Just thought I'd throw the last of the issues Im having with this employer into the ring. Im looking to get together and have a mediated discussion with an impartial third party to see if these can be resolved - Good idea?! Cheers guys Chill. |
Chilling_Silence (9) | ||
| 292976 | 2004-11-16 20:41:00 | It's relatively simple, though long winded, to get money owed to you via the Employment Tribunal. I speak from experience, after having won two cases against a previous employer - a huge multi-national corporation. Chilly, feel free to give me a call if you want to discuss my experiences |
Greg S (201) | ||
| 292977 | 2004-11-16 22:10:00 | I know this will not help, but Good luck! in getting your pay :) |
stu120404 (268) | ||
| 292978 | 2004-11-16 22:48:00 | Oh dear . I feel a headache coming on . Firstly Chill, I suspect you were too polite to email me . Don't hesitate . Secondly, it is helpful for many people to learn about and discuss these types of problems . Hence this thread is a good idea . It seems to me you are an employee . An employer has to prove otherwise . Your remedy is to lodge a claim through the Employment Relations Service, and I think you are already in that direction . You don't really need a lawyer for a small sum of money . Indeed, it will get swallowed up in costs . And Joe Bloggs might not pay up anyway . I like 4bes suggestion about IRD . Excellent idea . What possible risk to you? Being paid cash is not illegal . The employer still has to deduct tax and file a PAYE return . The Disputes Tribunal does not deal with employment issues . However it does deal with claims for money owed - and no lawyers allowed . Use it . So far as the modem is concerned - that is difficult . Your contract is with the customer so you owe the refund . The supplier has no obligation to refund Joe Bloggs, and he in turn has no obligation to pay you . You also have a contract with the supplier . Despite the loss of the receipt, surely the modem itself was returned? Assuming they accept that, why not refund direct to you? They should also have a record of the part being sold and returned . The money passing through the cafe is a red herring . It is nothing more than a short-term loan to the business which was repaid when you took the money back . By all means get a free employment consultation . The more I think about it, the more I wonder if there is an argument against you that you were in a business partnership . Not true from your side of course, but the waters are murky . Finally, you have been given some good advice in the posts above . I think you are on the right track . |
Winston001 (3612) | ||
| 292979 | 2004-11-17 00:49:00 | "A verbal contract isn't worth the paper it's written on". | Graham L (2) | ||
| 292980 | 2004-11-17 00:56:00 | "A verbal contract isn't worth the paper it's written on". ?????????????????????????? ?:| ?:| Jack |
JJJJJ (528) | ||
| 292981 | 2004-11-17 02:04:00 | joke - someone famous was caught saying that I think, although I can't remember who. | somebody (208) | ||
| 292982 | 2004-11-17 02:17:00 | "A verbal contract isn't worth the paper it's written on." -- Samuel Goldwyn No idea who he is.... |
metla (154) | ||
| 292983 | 2004-11-17 02:20:00 | Metro Goldwyn Meyer | JJJJJ (528) | ||
| 292984 | 2004-11-17 02:34:00 | You could always take the South Auckland approach to the problem. All you need is a sacked out Holden, 3 large tough looking mates, sticks and balaclava for all, and some silly America gangsta rap. Spend an evening driving up and down the road outside their house, doing the odd wheelie and just participating in activities that make you look tough. If money's a bit tight and you cant afford the petrol, park on the footpath outside his house (doing a handbrake slide into the parked position will enhance ones toughness) and share your passion for silly American gangsta rap with him. The following day, pop round to see Mr Blogg and see if his willing to discuss payement. Take the sacked out Holden with you so as to develop the link between yourself and toughness without actually admitting anything. As long as hes not thick he should hopefully realise if he every wants to sleep peacefully again it would be in his best interest to pay up. I take no responsibility for any inprissonment that may follow the above actions. If successful feel free to pop round to my place with a swap-a-crate and your "3 large tough looking mates" and we can celebrate a job well done. |
Pete O'Neil (250) | ||
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