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I have been told by the HRV company trainer that I do not have

 
christhelawyer's Avatar
  • Answered by:christhelawyer
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I have been told by the HRV company trainer that I do not have the skills to be an Independant commission agent for HRV whom I have worked for for the past 7mths. I was initially employed by HRV head office as an outbound telesales consultant. with glowing references from the GM my teamleader and others I moved to northland whangarei to start in the regonal branch (Whangarei) as a independant commission agent.I do have experience in this area. I was then sent back to akl to train as an ICA by the akl head office branch. I registared for GST.This was to be a 5 day training. on the 5th day I was approached by the trainer and was told that I am not suitable for the ICA role as I wear a ring on my wedding finger(i am devorced with 2 children). Also the fact that I do not believe that the ocean is being depleted of fish,this Friday 29th June 2012 started really good for me as I walked in the GM greeted me and asked me to go visit my collugues whom i was once a team member with, at this the trainer told me that I was out of line. He also told me to park my car on the road and not in the HRV car park though there were four empty spaces and I was told by other staff members to park there.(I did tell the trainer that I did not want my car on the road as it would be at risk of accident) though from the Monday to Thursday I was asked by the trainer and expected to transport 3 other trainees in my vehical from the motel where we were staying to the course.Another reason he said that I would not be suitable is that I use a gas heater at home.He also told me that he will be speaking to the northland branch.I was to be paid for this training if I did the full 5 days. What are my rights in this situation.As thaey accepted me and then I had to wait 2 weeks unpaid just to go on this
training as part of the criteria.

 



Already Tried:
I spoke with the GM, I spoke to the trainer, and also the northland branch.who say that their hands are tied as they know the trainer who is damien

Submitted: 279 days and 12 hours ago.
Category: New Zealand Law
Value: NZ$26
Status: CLOSED
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Expert:  christhelawyer replied 279 days and 10 hours ago.

Hi
Welcome to JustAnswer. If you are an employee you can claim a personal grievance against this company through the Employment Relations Authority. I note in your question that you refer to becoming a contractor, but if you were still an employee at the time this took place, then what has happened is clearly wrong and unfair. Can you let me know which you were?

Customer replied 279 days and 5 hours ago.

hi chris thanks for your reply. I had to leave head office position then knowing I had a good foot in the door I moved to northland. I was not officially an employee though my contract stated that I was soley to work for HRV northland as a commision agent. I would have to pay GST though they would pay me the GST component then I'd pay IRD. I had to resign from Akl to be accepted at Northland. I have signed a contract with the northland branch

Accepted Answer

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Expert:  christhelawyer replied 278 days and 11 hours ago.

I think you need to see a good employment lawyer to sort this out. None of what has happened sounds right and I think they are deliberately shifting you between the status of employee and of a contractor so as to enable them to trat you like this.

Expert TypeLawyer
Category: New Zealand Law
Pos. Feedback: 98.1 %
Accepts: 7668
Answered: 7/1/2012

Experience: LLB MMgt FAMINZ 32 years qualified as lawyer

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