New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law

I worked at Cathy Davys hair& adyspa for 1 year&9 months as

Customer Question
a nail technician. At...
I worked at Cathy Davys hair& adyspa for 1 year&9 months as a nail technician. At the interview Cathy&I discssused the terms of my contract. I commenced work, 3 months later I was presented with a contract with restrictions of trade and other terms that I han't agreed to in the interview. I refused to sign it, continued to work without signing a contract. On the 27th May, there was an incident where Cathy verbally and physically sexually harassed her in front of a witness. This incident caused me to be tearful at work the next day the 28th and I communicated the situation to the manager of the day, Gwen Cotton, who later put this to Emma, the HR manager, who aproached me re incident in a very public manner, and said she will not tell anyone it happened. When I said to Cathy that I felt something inappropriate happened that day she said "I can forget things", as if saying "i won't tell if you don't"
In late August I was asked to attend a performance appraisal the likes of which all staff were undergoing at the time with Cathy and Emma. I did not feel that performance appraisal is appropriate for a contractor, however I attended following reassurance from Cathy that the goal of the meeting was to discuss business growth strategies. The meeting was chaired by Emma who held it in an employee upraisal format. I have restated the inadequacy of such approach, which resulted in a time consuming power struggle discussion between Emma and I, depriving me of the opportunity to discuss matters at hand and finished off by Cathy re-enforcing the fact that Emma is the new HR manager and I am to respect that and that I am under the Cathy Davys umbrella and I will "live by their rules" . I had only ever been paid commission, however in the little time Cathy and I had left to discuss the issues at hand I had agreed to increase my presence at the salon from by appointment to a full time week with a view to being able to serve walk-in clients, but have clearly stated that so long as I am a contractor and am paid as such I am contracted to do the work that is specifically my specialty.
The next week Emma confronted me with a new contract, demanding it be signed by 'last week' again containing terms Cathy knows I was not prepared to be bound by, such as: restriction of trade, participation in the cleaning of the salon and adherence to whatever discounts the salon might like to advertise for my services. I refused to sign without legal advice. New reception and junior management staff were employed in early September, to suppliment the existing ones, now numbering 5 in total, who began to book manicure clients for employees of the salon. When I approached Cathy about this she said that I do not have the exclusivity on nails here. I don’t want to pay them for doing nothing, and if they have nothing to do I send them home. I want them to be able to promote their other services while manicuring”. This was in my mind very unfair and a significant threat to my livelihood. I had noticed this tendency as soon as it started to happen and moved the clients into my booking column thinking it was just an inaccuracy due to lack of judgement by the inexperienced staff. Many of the staff did the same thing so as to arrange for more convenient brakes which was reproached at the staff meeting and all were instructed to not touch the schedules. I continued to ensure that the greater time i was now spending at the salon was not spent in vain which resulted in conflict. When I approached Cathy about the unfair distribution of work I was told to leave it for now and come and have a glass of wine instead. I refused. I refused a demand for meeting at two hours notice with Cathy and 2 management staff. It was reissued another with 2days notice with itemised agenda and offer to bring a support person. (Friday – for Monday).
I found a support person and Called Cathy who on the Sunday, she did not answer so I left her a voicemail asking to change the meeting to the Friday when her support person was available. On Monday Cathy left a voicemail on my cell phone an hour before I was to start work “Your services are not required at the salon today. Your things will be sent to you by courier”. Cathy thought she had hung up but hadn’t and I heard a roar of laughter in the background; I still has the message on my cellphone. Letter and my merchanside arrived by courier, letter said contract has been cancelled. I responded requesting my client list. was denied on basis of privacy. my number is XXXXX given out2clients. many are confused, many have prepaid for my services and aren't being refunded, others r being tricked into being served by the salon and r disappointed. Contract contained a 28d.severance and dispute through mediation procedure. I'm going to disputes tribunal. What can I claim?
Submitted: 6 years ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 11 hours by:
10/11/2011
Solicitor: Chris The Lawyer, Lawyer replied 6 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,196
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Hi
Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear. You can claim for the normal period of notice which you would have been given and the lost commissions for the period. Calculate that according to what you normally earned, As you a contractor you do not have the same rights as an employee for unfair dismissal however. You should also ask for the client list. Lawyers cannot appear in the Disputes Tribunal, so that may be why they will not appear for you.
Ask Your Own New Zealand Law Question
Customer reply replied 6 years ago
I formally wrote to the salon requesting my client list and was denied due to a privacy issue. I checked with the privacy commissioner's office who have unofficially suggested that names and numbers are in the public domain, I wrote with that and was denied again, but was promised in writing that all my clients will be called and given my number, since then I have heard from my clients that my number was not given without them insisting, that some were not called and others were not given my number as they did nit asked for it, thinking my number ought to be protected by privacy. I have prior to my employment with Cathy, during it and since then been a mobile nail tech and she knows it as this was a condition of my employment. My clients however are being told that I am without a position from which I can serve them. I strongly believe I am being unfairly restricted in trade. What is my position please?

I strongly believe, partly because I was lead to believe so by Cathy and her management team that had the proposed meeting happened, we would have been able to establish the issues in dispute more formally and pursued mediation. While such may not be available free of charge for contractors, it would have still been an option providing for delay in dissolution of the contract, continuity of my income and a resolution resulting in economic growth for both myself and the establishment. I have worked very very hard, risked and deprived myself for two years to build this business, which experienced it's best month ever, with the turnover of over $7K and was lead by Cathy to believe that I had her full support in developing new service lines for which she felt I was best equipped member her personnel and which would have exponentially increased my earning capacity. Due to the events of the 27th of may and the surrounding issues I felt I needed a support person in a meeting with Cathy and two management staff. Cathy has expressly acknowledged that fact in her letter and when I did my part of proceeding with that plan Cathy abandoned it and dismissed me without so much as providing grounds for her decision. I feel that my losses here span much further then the severance. The contract Cathy Gave me is headed "Licensee Agreement", but contains terms of a contractor's agreement. Do I have a cause in court action for remedies in the form of compensation for lost earnings in contractual misrepresentation? breach of contractual terms Cathy intended to be bound by? as a licensee with contractual interest?
Solicitor: Chris The Lawyer, Lawyer replied 6 years ago
This is the disadvantage of choosing to work as a contractor-there are good remedies for employees which are just not available, and she did not need to suggest a support person or use mediation because of this. However breach of a contract leads to a claim for damages, which are whatever you have lost because of the breach. So you first have to prove the breach, and then prove whatever you have lost. This would be your lost earnings over what the Tribunal considers is a reasonable period-about 1-2 months I would think.
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,196
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Ask your own question now
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,196
23,196 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,196 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

52 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,260 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,429 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
I am living in Australia but I am a nz citizen I had a
I am living in Australia but I am a nz citizen I had a student loan 20 years ago for approximately 5000.00 they want me to pay them 19000.00 as the arrears have accrued. They never contacted me in all… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Is it legal for a nz employer to deduct sick leave and time
Hi is it legal for a nz employer to deduct sick leave and time in leu owning from my pay to cover hours I had off on ACC without me requesting it on my time sheet or leave form? Thanks Andy… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
A person wants to buy my property but they are $80k short,
Hi. a person wants to buy my property but they are $80k short, with no means of getting a bigger mortgage because of their earning capacity. Can we agree to have a caveat laced on the property for the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
How does a New Zealand Financial Company work? Is it true it
How does a New Zealand Financial Company work? Is it true it does not need to be a Bank in order to offer Banking services?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
I have been living in my house for 17 years. the property is
I have been living in my house for 17 years. the property is a leasehold (cross lease) property, can you advise what is required if i want to change the property to free hold and approximate costs. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
My brother who lived in Fiji passed away in 2006. He made me
My brother who lived in Fiji passed away in 2006. He made me the beneficiary of his estate. Just prior to his death, he sent me a copy of his Will. I want to execute the Will but cannot find the origi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Can you assist me please, and I am in "breach" of my parole
Can you assist me please, my name is***** and I am in "breach" of my parole conditions, as I failed an Alcohol & Drug Test, because I took Methamphetamine once only, two days before the test (I have n… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
My name john Iv paid for a kid that was not mine for 16ys
Hi my name john Iv paid for a kid that was not mine for 16ys and they will not give me what Iv paid to this and Iv been bankrupt so Iv paid a bill over 5time they keep on giving me the run around and … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Bought a phone from spark, 20/11/17 (yesterday) does not do
Bought a phone from spark, 20/11/17 (yesterday) does not do what the old one did, I don't want it, want to get a refund and get another type. Spark say "bugger off" we do not exchange phones or give r… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
A forest owner has planted 90 [now reaching maturity] pine
A forest owner has planted 90 [now reaching maturity] pine trees on an Unformed Legal Road. He admits knowing this was not his property but since he owns an abutting area of land, he presumably 'took … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
I want to hire a qualified NZ lawyer to defend my case of
Second opinion] I want to hire a qualified NZ lawyer to defend my case of land relocation v compensation in samoa against the government of Samoa.… read more
serish khan
serish khan
Lawyer
Bachelor
52 satisfied customers
Do I need a lawyer to sign over a lease to a new tenant. I
Do I need a lawyer to sign over a lease to a new tenant . I sublet premises now and have sold my buisness to a family friend. Also is it true the new tenant pays the landlords lawyers fees for the lea… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
I want to hire a qualified NZ lawyer to defend my case of
I want to hire a qualified NZ lawyer to defend my case of land relocation v compensation in samoa against the government of Samoa. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Auckland NZ. Have had a tenancy tribunal decision against a
Have had a tenancy tribunal decision against a tenant whose matters were being managed by Public Trust in Whangarei. They were aware of the tribunal decision but had to apply through court to represent his estate as he since died. Now Public Trust inform that they are not representing him and I cannot get court to action a warrant to seize unless I provide the solicitor's name. I do not know who it is and public trust is not responding to my request. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
I hope so. My fiancee had mental health issues, still there
I hope so. My fiancee had mental health issues, still there but controlled, and he put himself into a lot of debt. Is it worth our pursuing having the debts wiped or at least penalties removed as it w… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
I got caught taking a $15 dollar item from a store in the
Hi. I got caught taking a $15 dollar item from a store in the weekend. The police were called but were too busy to attend and the store let me go with a trespass notice and said they would be notifyin… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Can i return d rainbow vacuum which is overdue for grace
Can i return d rainbow vacuum which is overdue for grace period no office here in nz and no box because the agent took the box after her demo … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers
Does Copyright have a Local Novelty clause like a registered
Does Copyright have a Local Novelty clause like a registered design? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,196 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x