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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22814
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am required to clock in and clock out electronically at my

Customer Question

I am required to clock in and clock out electronically at my place of employment. Up until recently I was paid for all the time I worked between those clock in and out times. However without any consultation with me and others my times are altered each day.
If I arrive say at 6.50am my time is now adjusted to 7am. If I happen to finish say at 3.25
my time is adjusted back to 3.15.
Q Is this action by my employer legal and if not what should I do about.?
I have already confronted the management with no satisfactory answer.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If they have a history of paying you for all of the time which you actually clocked in for, then to change this to a system where you only get paid for agreed hours, is a disadvantage in your employment contract. This would entitle you to raise a personal grievance for the change to the payment system. Of course if you are required to clock in, but are only paid from the adjusted time, you do not need to actually start work until the adjusted time, and you can stop work at the adjusted time. If your employer wants you to do this, instead of carrying on work as you do it present, they may have to compensate you for the small decrease in your pay.

Expert:  Chris The Lawyer replied 1 year ago.

The issue is whether you want to go to the trouble of claiming a personal grievance, which would require an employment mediation, and if they did not agree a hearing before the Employment Relations Authority

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