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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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I work company 11 years now and have been doing night shifts

Customer Question

Hi I work for a company for over 11 years now and have been doing night shifts for over 9 years. I do 5 shifts in a row starting Friday Monday *.00 am finishing on Sunday 4.30 pm.
During this period of time we only get pay 8 hours from 4.30 pm to 8.0 morning next day.
Wonder if sleepover apply as we are on site and have to respond alarms at night and have to do checks the latest at the 8.30 pm (at least) and the morning check by 7.0 am when we have to open all check everything before 8.0 am to start again.
We have never signed any contract as night shift and contract says 40 ours work weekly,any other hour outside be considered extraordinary.
I there a case in here? For the record the same problem with another site to the company a few years ago and they(company) lost to the night workers on very similar circumstances. Thanks and regards.Alf
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The best way to start may be a complaint to the Labour Inspectors through the Dept of Labour. They can investigate wages and see if they comply with the legislation, and if you are being paid correctly. They are a government service so this doesn't cost. If they are unable to help you could claim a personal grievance based on the sleepover cases, that you are being exploited. From your description, I think your employer is underpaying you.

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