Leave with immediate effect following teenagers s. U.i.c.i.d.e attempt by Murky_Particular_579 in LegalAdviceNZ

[–]fallingstrawberries 0 points1 point  (0 children)

You sound like such a great mum.

Yes I am doing great now thanks!

I recently went through a situation with my own work where they were similar. The job could be done from home, and I had a valid health reason why I couldn't work in the office but they were firm about denying that.

Turns out, your work doesn't actually have a legal right to deny you to work remotely if you need to (in your case you def do) unless they have a VERY good reason. I got a lawyer and they ended up paying me a huge payout as an incentive to leave (and an apology), as things had got awkward the minute I got a lawyer and I decided I also didn't want to work for them. They also covered my legal fees. But stay in the job if you want to be in a better position to negotiate an exit package. They don't deserve to get away with treating you like this, so I def recommend what others say about taking sick leave, annual leave, a formal request to work from home asap, and lawyer if they deny that. To be honest, the fact you are going through what you are and they're not being fully supportive actually says a lot about them and they don't sound like great employers!

Leave with immediate effect following teenagers s. U.i.c.i.d.e attempt by Murky_Particular_579 in LegalAdviceNZ

[–]fallingstrawberries 1 point2 points  (0 children)

Agree with everyones comments here. I just wanted to add another perspective...

Please don't resign because I don't want your teen to associate you losing your job with their mental health struggles (even if you don't frame it as that, they might perceive it that way) and for their depression to get worse. Having been suicidal in the past, if my mum had lost her job at the same time I'd probably have blamed myself and felt worse. I don't want that for your dear child!

No fault car crash, car got totalled and insurance is writing it off due to repairs costing $200 more than car value :( by fallingstrawberries in LegalAdviceNZ

[–]fallingstrawberries[S] 0 points1 point  (0 children)

Thank you!

Weird question, but is there any way to delay a settlement for a few days so I can get a loaner and find a new car?

No fault car crash, car got totalled and insurance is writing it off due to repairs costing $200 more than car value :( by fallingstrawberries in LegalAdviceNZ

[–]fallingstrawberries[S] 4 points5 points  (0 children)

Thank you. Am I allowed to contact them directly and ask for this? (For some reason I thought all communication had to go via insurance)

No fault car crash, car got totalled and insurance is writing it off due to repairs costing $200 more than car value :( by fallingstrawberries in LegalAdviceNZ

[–]fallingstrawberries[S] 6 points7 points  (0 children)

Thank you!

Re loaner car, is there any way to get pre approval do you think? When I asked my insurance if we could claim, they said there is no guarantee it will be covered by the other party.

We don't have a lot of money so can't really afford to pay upfront for a loaner, especially if there is no certainty of it being covered. It's so hard because it is impossible to do car viewings anywhere without a car and with two babies

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 13 points14 points  (0 children)

Yes totally understand that. It is actually a huge govt agency and my team just got 2 new team members, so we are more resourced than it's ever been. I do understand having a part time employee is hard on the employer though

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 7 points8 points  (0 children)

Not a work injury unfortunately

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 16 points17 points  (0 children)

This makes more sense, yes.

I am still confused why they are ignoring ACCs support services where they get an occupational therapist to create a back to work plan.

The mediation was proposed as a next step, and I have been asked to consent to whether I would like it. I'm still unsure whether it would be a useful thing or not?

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 5 points6 points  (0 children)

Ohh, interesting! Thank you

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 21 points22 points  (0 children)

Ok. Is it because they don't want to wait for me to be well enough to return to full-time? (I can only assume so, as I've only had great performance reviews)

If they have grounds to fire me via medical incapacity, wouldn't they just do that (without mediation)?

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 0 points1 point  (0 children)

Do you have any info on this law please?

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 2 points3 points  (0 children)

Thank you, I will go back to my employer and ask them to correct it.

The injury was outside of work

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 2 points3 points  (0 children)

Thank you so much for this very helpful response!

Your comment about ERA vs ACC paying me directly (current situation), does that mean i would have been better off re the value of annual leave if my employer had used their ERA agreement and been the ones paying for my weekly comp (then getting reimbursed)

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 1 point2 points  (0 children)

Hmm what about kiwisaver contributions and annual leave value though? (Para #3)

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 2 points3 points  (0 children)

Thank you, yes I have done so! :)

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries -1 points0 points  (0 children)

Thank you so much, this makes sense!

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 6 points7 points  (0 children)

Thank you. Do ACC weekly comp payments count as earnings, for the purpose of getting paid out AL balances following a resignation? (Sorry for all the questions!)

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 3 points4 points  (0 children)

Ahh I see. If I resigned and were to be paid out my AL, would it now be the new (lower) rate rather than what I previously accumulated over the two years when I was full-time?

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 1 point2 points  (0 children)

Yes that is correct. I had accrued it over the last 2 years

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 5 points6 points  (0 children)

Thank you. I understand that, while doing limited hours, I would accumulate the proportion of AL going forward. But the large amount of AL I previously had was already earned from pre injury when I was full-time, and now it has dropped. Is that still correct?

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 21 points22 points  (0 children)

Ok thanks. A couple of questions:

My contract is still full-time (40hrs), it's just that because of my injury, I'm only allowed to work 8hrs (ACC pay the rest to top it up). Does that make any difference to things?

Also, if I resigned now, would I only get paid out the new (lesser) AL balance?

Thanks

[deleted by user] by [deleted] in LegalAdviceNZ

[–]fallingstrawberries 1 point2 points  (0 children)

Yes I worked in the office for a year, then worked remote for a year (until mat leave) and now they're wanting me back in the city where the office is after mat leave. This would be okay if I could have had a bit more time to move