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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22302
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My question is can an employer have

Customer Question

Hello my name is Erin
My question is can an employer have a company clause saying this in there contract and I quote,
An employee that shows a continued pattern of absenteeism impacting on fellow employees and or the company's business may be relegated to a lesser paid position or remain in their current role BUT LOSE THE BONUS PROPORTION OF THEIR WAGES.
Which is about 30 percent of our wages,
And can they use sick leave, bereavement leave, acc, non work acc, maternity leave as a pattern of absenteeism?
Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.
This clause has to be interpreted as meaning absenteeism without a proper reason. You are entitled under employment law including the Employment Relations Act And the Wages Protection Act, and the Holidays Act to take leave for particular purposes including sick leave (with medical certificates if necessary), maternity leave and time off on the ACC scheme. Those are proper reasons for having time off, and if your employer used leave for those purposes to say that you were absent without reason, and reduced your pay or bonuses, you could claim a personal grievance for unfair treatment. So the clause itself is permissible but must be read as only for unauthorised leave.
Customer: replied 7 months ago.
Hi Chris
The clause has been interpreted and what I have said does come under the umbrella of absenteeism But! I did take this to the era and I lost?
I had the company and the union fighting against me!
All I wanted was mine and my coworkers money back which is around 120 to 150 times this clause has been handed out in the last 7years, and no we all do not have a copy of our collective agreement
Expert:  Chris The Lawyer replied 7 months ago.
That's interesting. I certainly don't read it that way, but if the ERA say so then I am wrong or the facts are more complicated, which I suspect is the case

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