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标题: 英文先驱： Kiwi员工辞职，中国老板追讨工资，ERA 败诉 [打印本页]

作者: 匿名 时间: 2015-1-6 15:05:05 标题: 英文先驱： Kiwi员工辞职，中国老板追讨工资，ERA 败诉

公共假期要支付工资，这是最基本的法律知识。

这位中国老板起诉前应该做点常识性的法律咨询，避免FML的结果，个人感觉。

Company demanded wages from grieving worker

An insulation company has no authority to demand wages from a grieving worker who failed to give two weeks' notice he was leaving the company because of the sudden death of his father, the Employment Relations Authority says.

Warm Kiwi International also sought wages paid to Alan Dowd for hours he worked away from approved sites, the authority said in a recently released decision.

Mr Dowd started working for the Auckland company as a sales representative on April 9. Part of the role was to visit construction sites.

The following day his father suffered a heart attack and died three days later. The funeral took place on April 17.

The company's general manager James Wang was supportive of Mr Dowd and after the funeral, they discussed him returning to work the following week, the authority said.

In the days following his return, Mr Dowd would spend some of his time working at his mother's place.

However, shortly afterwards he was called into Mr Wang's office who made it clear that Mr Dowd was only to work at the office or the construction sites, the authority said.

Mr Dowd said he would visit his mother's house were because he was not feeling well and he was trying to cope with his new position following his father's recent death.

On Monday May 19, Mr Dowd resigned from his employment with immediate effect.

"Mr Dowd says he was not well and was grieving the sudden death of his father. Mr Dowd felt unable to continue working," the authority said.

The company sought wages it had paid to Mr Dowd for work not done on Good Friday, April 18; and between 2 and 2-1/2 on three other days where he worked at his mother's house.

Authority member Anna Fitzgibbon said Mr Dowd was entitled to payment for Good Friday as it was a statutory holiday.

Mr Dowd was also entitled to be paid for work done on the other three days despite that the work was not completed at the office or construction sites.

Warm Kiwi also sought payment of $1320 from Mr Dowd - the equivalent of two weeks' wages. It said Mr Dowd left work immediately without giving his two week notice.

However, Ms Fitzgibbon said there was no evidence of loss suffered by Warm Kiwi or of any expenses incurred by it as a result of Mr Dowd's actions in resigning without providing the required notice.

"In my view, Warm Kiwi is unable to recover two weeks wages from Mr Dowd under the employment agreement. The forfeiture provision is not enforceable in the circumstances."

Mr Dowd could not be reached for comment.

- NZME.

作者: 楼主 时间: 2015-1-6 15:06:49

沙发可否？

作者: NewLynnHse 时间: 2015-1-6 15:07:35

啊哈哈哈，好像是传说中的黄色保温棉的公司，装了以后很有黄色圣诞的感觉哦

作者: 匿名 时间: 2015-1-6 15:09:54

这种老板告员工的案子真是不多。。。。。。。上报纸的就更少了。。。。。。

作者: 一个网友 时间: 2015-1-6 15:20:33

虽然我也是个打工的，但这个kiwi员工也不地道+钻了个空子，不但在工作的时候开小差去陪伴他妈，而且离职没给公司2周的notice。在这件事上我同情老板

作者: 匿名 时间: 2015-1-6 15:24:03

一个网友发表于 2015-1-6 15:20
虽然我也是个打工的，但这个kiwi员工也不地道+钻了个空子，不但在工作的时候开小差去陪伴他妈，而且离职没 ...

辞职不给通知，不应该。
所要赔偿，不太可能。

公众假期工资，一定要给。

一码是一码。

作者: NewLynnHse 时间: 2015-1-6 15:27:46

来来来，平衡一下

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11382555

Oversleeping chef awarded $10,000

A Wellington chef who was sacked on the spot after sleeping through his alarm twice and missing a busy shift due to having a sore leg has been awarded nearly $10,000.

The Employment Relations Authority found in favour of Luke Keirsey after he was dismissed by his boss at a Wellington restaurant owned by Betty White Limited.

"Mr Keirsey was dismissed without notice, without investigation and without [the company] raising any of its concerns with Mr Keirsey formally," authority member Greg Wood said.

He was originally employed in November 2013 as a demi chef on a trial basis at Hummingbird - a restaurant and bar on Courtenay Place owned by Gina and Nick Mills.

Mrs Mills and executive chef Sahil Hussein soon came to the conclusion that Mr Keirsey did not have the skills to fulfil the role, at what was described as a "near fine-dining restaurant", and sent him to a new cafe they opened at Lyall Bay, called The Spruce Goose, the Employment Relations Authority decision said.

The decision said the new venture was "very successful" and Mr Keirsey worked long hours between December 6 and January 3, 2014, when he was sacked.

During that period, the chef worked 12-hour days, which took their toll.

"In these circumstances one might expect some sympathy from an employer when, on two occasions, he slept through his alarm after working late the night before," Mr Wood said.

"Mr Hussein was becoming more and more frustrated with what he saw as Mr Keirsey's lack of speed at his work and his failure to carry out specific instructions for food preparation."

Mr Keirsey missed a busy shift on New Year's Eve because of pains in his leg from a non-work accident and when he went to see Mr Hussein with a medical certificate a couple of days later, he was told he was no longer required.

His boss told the authority he had "simply had enough" of the employee's performance.

But Mr Wood ruled Mr Keirsey's performance was no fault of his own.

"This was not a case of a worker who deliberately disobeyed any instructions or was slack or lackadaisical at work," he said.

Six months and 20 job applications later, Mr Keirsey found new work in the hospitality industry.

He was awarded $9820 for loss of earning and emotional-harm compensation.

Comment was being sought from both parties.

- NZME.

作者: NewLynnHse 时间: 2015-1-6 15:29:33

http://www.stuff.co.nz/business/ ... 0000-over-dismissal

Whistleblower awarded $10,000 over dismissal

A painter has been awarded $10,000 because she was wrongly dismissed days after blowing the whistle on her employer's failure to pay tax.

The Employment Relation Authority (ERA) ordered compensation for Karla Botting, from Strowan in Christchurch, for the humiliation and loss of dignity she sustained when she was fired from her job as a paint hand before Christmas in 2013.

She discovered her employer, Simon Johannis of Nomis Painters and Decorating, had taken student loan repayments and taxes from her wages but had not paid them to Inland Revenue (IRD).

She found out when the IRD informed her they had not been receiving student loan repayments from her.

Johannis was initially "a lovely person" to work for, she said, but became rude after she confronted him.

She was made redundant five days later.

Botting, a single mother with two children, had to be prescribed sleeping pills to cope with financial stress following her termination.

Over her four-week notice period, Botting said she was not allowed to take leave as previously agreed. She was put to work painting Johannis' parent's property, and had to make alternative childcare arrangements.

She said she had to take unpaid time off work to provide evidence to the IRD she had worked for Nomis, and had to pay interest and penalties on her student loan because it had not been paid.

Johannis said Botting was let go because there was no work for her.

ERA rejected that claim, and said her whistleblowing was likely a factor in her termination.

"I find on the balance of probabilities that Nomis has an ulterior reason for terminating its relationship with Botting which was not a genuine redundancy," said ERA member Helen Boyle.

The IRD was investigating the incident.

Nomis was ordered to pay Botting $10,000 in compensation, and a further $1980 for lost wages.

作者: 匿名 时间: 2015-1-6 15:37:01

NewLynnHse 发表于 2015-1-6 15:29
http://www.stuff.co.nz/business/better-business/64696209/whistleblower-awarded-10000-over-dismissal
...

举报老板偷税，然后被裁员，显然是报复啊

作者: NewLynnHse 时间: 2015-1-6 15:39:54

还有很多8块钱，10块钱一个小时的。可惜没人举报

作者: 匿名 时间: 2015-1-6 15:42:42

NewLynnHse 发表于 2015-1-6 15:39
还有很多8块钱，10块钱一个小时的。可惜没人举报

华人员工的胆子太小。。。。。。自信太弱。。。。。

作者: 一个网友 时间: 2015-1-6 15:52:28

匿名者发表于 2015-1-6 14:42
华人员工的胆子太小。。。。。。自信太弱。。。。。

能干8快10快的英文水平应该不足以支持他们去举报。。

作者: NewLynnHse 时间: 2015-1-6 16:01:28

一个网友发表于 2015-1-6 15:52
能干8快10快的英文水平应该不足以支持他们去举报。。

在新西兰语言真的不是什么大问题

http://www.dol.govt.nz/er/minimumrights/chinese-s/index.asp

http://www.immigration.govt.nz/N ... itation_CHS_web.pdf

作者: 匿名 时间: 2015-1-6 16:01:49

一个网友发表于 2015-1-6 15:52
能干8快10快的英文水平应该不足以支持他们去举报。。

靠证据事实支持举报，和英文水平好不好没啥关系。但自信和胆量是另外一回事儿了。

作者: 匿名 时间: 2015-1-6 17:13:23

KIWI员工，我就呵呵了，尼玛其实不分什么洋人中国人，碰到人品不好的一样能气死你。

作者: bigwater 时间: 2015-1-7 01:16:08

匿名者发表于 2015-1-6 17:13
KIWI员工，我就呵呵了，尼玛其实不分什么洋人中国人，碰到人品不好的一样能气死你。 ...

公共假期不支付工资是人品不好还是违法？

作者: 匿名 时间: 2015-1-7 13:59:24

NewLynnHse 发表于 2015-1-6 16:01
在新西兰语言真的不是什么大问题

http://www.dol.govt.nz/er/minimumrights/chinese-s/index.asp

很实用的链接。
自己上心，事情就变得容易了

作者: 匿名 时间: 2015-1-7 14:31:37

挣大钱的人千万别招惹挣小钱的人，挣小钱的人切莫招惹不挣钱的人，以为有钱就可以为所欲为者，那是十足的与钱为敌的蠢徒，出门经商为的是图财，想要争气就别谈挣钱，挣钱就要学做孙子，想当大爷来世投胎贵族。

作者: dezily2008 时间: 2015-1-7 17:01:30

NewLynnHse 发表于 2015-1-6 16:01
在新西兰语言真的不是什么大问题

http://www.dol.govt.nz/er/minimumrights/chinese-s/index.asp

语言问题，不是有没有能力去举报。而是有没有能力去找到正常工资的工作。

作者: NewLynnHse 时间: 2015-1-7 17:03:34

dezily2008 发表于 2015-1-7 17:01
语言问题，不是有没有能力去举报。而是有没有能力去找到正常工资的工作。 ...

是的，所以那些黑心老板才能剥削他们。

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