How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22309
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

Going through a proposed change to my job, do I need to work

Customer Question

Hi Pearl, Going through a proposed change to my job, do I need to work the 4 week notice. Employment agreement - A 4 week notice period which may or may not bee worked and if not paid in lieu. Thank you, Belinda
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Proposal for change - meeting was Tuesday just gone. Consultation period to seek legal advice, make comment, provide feedback by midday next Monday. Outcome of proposed change announced next Wednesday
JA: Have you talked to a lawyer yet?
Customer: No, because I am not in a financial position to pay for one
JA: Anything else you think the lawyer should know?
Customer: Nothing else
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: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

Hi

Customer: replied 5 months ago.
Hi Chris
Expert:  Chris The Lawyer replied 5 months ago.

I am not sure if you mean that you are leaving your job, and want to leave earlier and get paid out rather than work out the notice? If that is the position, you can negotiate this with your employer. Anything can be arranged by mutual agreement. But often once you give notice they dont want you to stay anyway, depending on the job. However sometimes they do want you to finish the notice period. Do you know what they are likely to want?

Customer: replied 5 months ago.
Company proposing a new organisational structure which will see my role disestablished. Proposed structure meeting Tuesday just gone.
Expert:  Chris The Lawyer replied 5 months ago.

Do you have a redundancy clause?

Expert:  Chris The Lawyer replied 5 months ago.

And would you want to invoke this or stay in a new role?

Customer: replied 5 months ago.
Redundancy clause included in my employment agreement and a 4 week notice period which may or may not be worked and if not be paid in lieu. Do I need to work the 4 weeks...
Customer: replied 5 months ago.
A job description of a role in another Department was emailed to me by the General Manager today which I do not wish to take
Expert:  Chris The Lawyer replied 5 months ago.

Is the job substantially different from what you do now?

Expert:  Chris The Lawyer replied 5 months ago.

I ask that because that sometimes the redundancy clause may only be used when the job is different

Customer: replied 5 months ago.
definitely. It is an outbound Team Manager Call Centre role, totally different to my existing role.
The letter they have given me after the meeting reads. Proposed Structure - In light of the above (my job title) we are proposing a new organisational structure within the (company name) which would see the disestablishment of the (job title)
Customer: replied 5 months ago.
They did not offer me any alternative job role in the meeting.
Expert:  Chris The Lawyer replied 5 months ago.
Then you would qualify but if they are not offering an alternative the redundancy will apply anyway. The issue of working out your notice should be agreed so if they are happy to just pay you out, then you can leave
Customer: replied 5 months ago.
Okay thank you.

Related New Zealand Law Questions