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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22685
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was employed by a company for 13 years, I no longer work

Customer Question

I was employed by a company for 13 years, I no longer work for them but have reviewed my original contract on payment for mileage. It was agreed that I would be reimbursed for "all mileage incurred if I used my own vehicle". Over the years there have been a number of changes made by this company re mileage. There has been no consultation with me on these changes, I have been informed that these changes are "mandates". I know there have been a number of years where I have appeared to accept these mandates, but when I challenged them they said it was a "mandate" and I had to accept it.




Hi
JA: Hello. How can we be of help?
Customer: I was employed by the same company for 13/14 years. On my original contract that I signed in 2004 I was entitled to be reimbursed for all mileage incurred in my own vehicle. This company has over the years made changes to reimbursement on mileage. They have stated that these are new "mandates". There has been no consultation on these changes, they have just been applied and when I questioned if this is appropriate I have been told that this is a new "mandate". My question is can they do this?
JA: Have you documented this or discussed it with HR?
Customer: discussed with managers
JA: Is the employment agreement "at will," union, full time or part time?
Customer: guaranteed 30 hours or 60 per fortnight. I can send you a copy of the original contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: no



Submitted: 13 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 13 days ago.

Hi

I am a New Zealand lawyer based in Wellington. I will be helping you with your questions today

Expert:  Chris The Lawyer replied 13 days ago.

Any change to your contract must be agreed between you and your employer, so this means that if the mileage rate was in the contract, they needed to get your consent to any change. Saying this was a "mandate" is an odd way of describing this, but I think they may have meant this was mandatory, or something they could just impose. That is not the legal position however. If you want to make a claim you must do so within 90 days of leaving and raise a personal grievance claim to settle the correct amount

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