Employment Contract Hours Dispute

Summary

In New Zealand, employers cannot require employees to use annual leave for reduced hours unless agreed upon in writing. Verbal agreements should be documented in writing. Employees should document all communications with employers and seek written confirmation of any verbal agreements. If issues persist, consider consulting an employment lawyer or contacting the Employment Relations Authority for mediation services.

Full Conversation

I have a contract for * hours (Mon to Fri). Currently I am working less & the difference in hours is being fixed by using my annual leave, if I don’t take annual leave, I am not paid the * hours.
Hey ****! It sounds like you're facing an issue with your employer regarding your contracted work hours and use of annual leave. Can you tell me if your employment contract specifically mentions how reduced hours should be handled?
I don’t not have anything reduced hours in my contract
Thanks for sharing that, ****. In New Zealand, your employer generally cannot force you to use your annual leave to make up for reduced hours unless it’s agreed upon in your employment contract.
To get a clearer picture, can you tell me if this change in hours was mutually agreed upon, or was it imposed by your employer?
Verbal only, for the first week. Since then, I have been either expected to use my holiday pay, or go without pay for the days I don’t work
Case Rating: *
Thanks for the information, ****. In New Zealand, employment agreements must be in writing, and any changes to your hours should ideally be documented.
- Employers can't force you to use annual leave for reduced hours without agreement.
- Verbal agreements should be followed up with written confirmation.
Would you like more information on how to address this with your employer or consider mediation services?
Yes I would
Case Rating: *
It looks like you may have a valid concern regarding your employment conditions. Here’s some general advice:
- Document all communications you have with your employer.
- Request written confirmation of any verbal agreements.
- Consider seeking advice from an employment lawyer or contacting the Employment Relations Authority for mediation services.
Would you like to be connected to local lawyers who can better assist you with your case?
No thank you
Case Rating: *
Got it, ****. If you have any more questions or need further assistance, feel free to ask. Good luck with addressing this issue with your employer!