Unjustified Dismissal and Covid 19
I had a call the other day from an upset employee. He told me he had been dismissed by his employer using the 90-day trial period available to smaller employers. They are a small company and at time of his dismissal employed five people, so now they are down to four.
When he sent me his letter of dismissal it told him they had monitored his performance over the last couple of weeks and found it not to be up to the standard they would want, so he was dismissed per the 90-day trial clause. It also told him they had partly made the decision as a result of loss of work and revenue due to Covid 19. He was told as he was their highest paid employee this was also a factor.
When I was provided with his IEA it unfortunately makes no mention of a 90-day trail. We are all aware or should be that the 90 trial must be in writing. So, the employer in this case can’t rely on the trial period as an avenue for dismissal.
In addition, a search of the list of employers who have claimed the Covid wage subsidy show that this employer had claimed for all five full time employees sometime after he had been dismissed. Either this was an error or just plain fraud, by claiming for five employees when they only had four.
In brief then not only do they find themselves on the wrong side of an unjustified dismissal claim. They have left themselves open to scrutiny from the Govt re the wage’s subsidy scheme. It clearly states that the subsidy is for 12 weeks and they expect that the employer retains the people it claimed for, for that period.
Why do some employers insist on trying to flout the system is it genuine ignorance, or are they just trying to give it a go?
Take advice people, speak to your accountant about the best way to do this financially. Speak to an ER specialist, talk to the EMA or check the Covid website at www.covid19.govt.nz... but don’t just fly solo.
Poll: Does the building consent process need to change?
We definitely need homes that are fit to live in but there are often frustrations when it comes to getting consent to modify your own home.
Do you think changes need made to the current process for building consent? Share your thoughts below.
Type 'Not For Print' if you wish your comments to be excluded from the Conversations column of your local paper.
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91.3% Yes
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8.2% No
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0.5% Other - I'll share below!
Lest we forget...
On this ANZAC Day, let's take a moment to remember and honor the brave men and women who have served and continue to serve our country.
Tell us who are you honouring today. Whether it's a story from the battlefield or a memory of a family member who fought in the war, we'd love you to share your stories below.
Aqua Zumba party at West Wave *TONIGHT* Friday 26 April - starts at 7:00
hey WESTIES - I've got a spare ticket to an awesome Aqua Zumba party at West Wave *TONIGHT* Friday 26 April - starts at 7:00
I'm going - I000% WILL BE THERE - got a *spare* ticket if anyone wants one - almost sold out - just a few tickets left - so if you're keen, only got ONE ticket - got it as an 'early bird' so only $20
there are ONLY a few more... $25 on the door - please contact Megan Kapma directly - 0211336892 - or via Facebook
(if you can't come tonight - you can always come join in the fun of Aqua Zumba at West Wave, 9:30am every Wednesday)
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