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Question Details: While on a WINZ benefit I responded to a newspaper advertisement for work. The advertisement made no mention of money, but in a phone conversation, the employer said that it was piece work that paid $3 per unit. No written contract was entered into; the trial was a verbal arrangement, and money was not mentioned after the phone conversation. I worked for thirteen and a half hours, over two days, on 'trial' and was not offered the job. Upon asking for payment the employer refused stating that I was on the WINZ benefit, thus not entitled to it. Am I entitled to the pay?
Filed under Employment Law | 1334 View(s)
Community Law Wellington & Hutt Valley
You are entitled to be paid for the work you did regardless of the fact that you weren’t given a written agreement or were not offered the job. Your question raises some other issues as well. First, the law says there has to be a written employment agreement and an employer can be penalised if there isn't one. Secondly, a trial period is only lawful if it is recorded in writing at the outset and agreed to. Since that did not occur, an employer cannot then terminate your role at the end of the ‘trial period’, as there was no trial period in existence. Thirdly, you will need to discuss any benefit implications with Work and Income in case you need to declare the income (if you get it).
To address the issues with the employer, you can bring a personal grievance (a complaint to th employer), within 90 days of the role being terminated (or later with special permission). See www.ers.govt.nz.
You may wish to seek legal advice to discuss this issue further. Click here to find your local Community Law Centre: www.communitylaw.org.nz.
Answered 23 Jan 2013. The IMPORTANT NOTICE below is part of this answer.
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