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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22303
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Aplicant and lodged a claim with small claims / dispute

Customer Question

Hi - aplicant and lodged a claim with small claims / dispute tribunal. Up to the third hearing - scheduled for Monday 23rd, I have quite detailed evidence - no contract exists but terms of services and renumeration have been agreed through various mediums - email skype etc. legally I believe I have a claim under both quantum meruit and quasi contract. I worked for the company for 5-6 months. they are responding that I agreed to work for free - the role was formally advertised, interview happened and work began and kept going. The respondent is being quite extreme in their reponses - such as claiming to have handed over money at interview - that i had mental health instabilities, even that I was trying to establish a sexual relationship with the ceo. Along with submitting fraudulant evidence prior to the 2rd hearing - of which I submitted police letter stating that no evidence or record of their claims existed - additionally email confirmation supplied directly to the police that skypes head office - law team states no such contact has been made by the respondent nor the police. all this extra fluff - distracts me on keeping everything very simple. the respondent has made everything so difficult and i am getting overwhelmed -
JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am out of state - New Zealand - but it is 3am and I need to submit
JA: Have you consulted a lawyer yet?
Customer: I consulted a barrister and solicitor who basically said this was the most extreme case, it was illogical that the CEO was pursuing it for convididly that it made no financial sense at this point.
JA: Is there anything else the Lawyer should be aware of?
Customer: They submitted approx 7 witness statements - hard copy only in which I have been in the processing of responding to with short statements and documents etc to support my statement.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
I am not sure exactly what you need, but your description shows you are on the right track for the hearing. It certainly does appear to be unusual responses. Contracts can be verbal or a combination of verbal and written material, and your submission about quantum meruit appears to be on the point. If there was no specific agreement on payment, your case is about why you consider that you should be paid, and what supports that claim. But feel free to respond further and identify specific issues

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