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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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this is complex, husband buys a business, makes himself as

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this is complex, husband buys a business, makes himself as sole director, himself and wife are equal shareholders. wife managers and workes in the business 10 hours a day 6 days a week for 14 months for no wages and no contract, for the next 6 months is payed and taxed but still no contract, husband leaves for 4 months then comes back and tells the wife to get out/go, she is no longer wanted its his business and he will employ a new person to replace her. He believes while he was absent not all the money was accounted for.
When he left he did not give any instructions for the business, he just left with no time frame of a return date. Sure money was used to pay staff wages, supplies and operating expenses, all banking is transparent and business accountant involved with GST, Payee etc.

your opinion please

Unfair dissmissal claim?
no contract for a employee?
did not pay minimum wage for the first 14 months?
how many or what employment laws did this person break?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The husband and his company have broken a few laws. The first is that it is illegal not to have a written contract. The second is that he must pay at least the minimum wage. The third is that he cannot fire the wife without proper procedure and this is an unfair dismissal.
christhelawyer : This can be claimed as a personal grievance in the Employment Relations Authority. This must be started within 60 days of the dismissal, and usually starts with a letter, often from a lawyer, setting out the failings in the way this has been handled, and seeking damages. If the employer does not respond, then a mediator from the Employment Relations Service is called in to try to settle this.
Customer:

ok thank you most of what i thought.

Customer:

the period of lost wages would be a good place to start?

Customer:

can she claim for there not being a contract?

christhelawyer : IIf there is no contract she should get the minimum wage.
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