This book is not about personalities it’s about making the world aware that New Zealand has an employment law that is not working. Sure the characters in the book are real live people who did some pretty nasty things but those nasty things are happening everyday all around the country by other people just like them. When you have a law that rewards people for bad behaviour you build a culture that turns good people into bad people. My former employee was a good women until she learnt she could make money from getting the sack. She has been successful in getting personal grievance money from 2 employers so she no longer has the fear of getting the sack in the future.
In my last article I talked to you about my experience with tragedies and this is another tragedy in my life
In my last chapter on this subject you learnt about some events that took place in my workplace and during my court proceedings. In this chapter I am going to take you through the end result of the peoples actions
If you are an employer there is very little you can do to punish an employee for bad behaviour. On the other hand if you are an employee there is many things you can do to bankrupt your employer or put them out of business. Here are some of them which have been taken from my own personal experience.
- You are allowed to physically assault either a fellow worker or your boss
- If you get the sack for it then you can make a personal grievance claim and get compensation from your former boss.
- You are allowed to open a bank account in your bosses name without him having to sign his authority for it
- You are allowed to sell life insurance in your own name in your bosses office in his time and get paid commission while being paid an hourly rate
- You are allowed have your life insurance commission paid into your bosses bank account to avoid paying tax on it
- You are allowed to sign your bosses cheques without having signing authority on his bank account
- You are allowed buy foreign exchange using funds from your bosses trust account
- You are allowed to breach the holidays pay act and the income tax act
- You and your family are allowed to buy things for your own personal use on your bosses stationery account
- If you get the sack you are allowed to keep your bosses office and post box keys
- If you go to mediation you don’t have to negotiate your wages you just get up and leave the room
- Your boss pays you after getting your wage book audited you don’t have to accept the money you can send it back to him and go for a bigger amount
- If the judge makes a conference call you don’t have to be on the line
- You are allowed to swear at your boss and tell him that he has a mental health problem
- You are allowed to push your bosses things off his desk on to the floor
- When you go to the employment court you are allowed to tell the public and the news media that your boss suffers from biopolar disorder and your solicitor and the judge will guide you through the process
- The judge will also stop your boss from presenting any evidence to the court that will show that you have been dishonest.
- If you are a police detective then you do not have to make a police report if the public makes a complaint about one of their employees
- If you are a solocitor then you do not have to sign or date an application for a charging order over an employees joint family home
- If you are a Barrister you can take instructions directly from your client
- I you are a Barrister and if you decide you dont want to do it anymore can get half way through the job and pull out
- If you are an employment Court Judge you can stop an an employer from presenting any evidence against the employee
- If you are an employment Court Judge you can take into consideration any evidence that suggests the employer was mentally unstable in any way
Physical Assault
- The employment law is the only law in the country that I know of where it is legal to physically assault another person
- Under the personal grievance clause I know of no other law where you can get the sack for a criminal offence then lay charges against them and get paid for assaulting another human being
- I know of no other law where you can commit a crime, receive a character reference for it and a signed agreement insuring the public that no one will tell anyone that you are a thug
Trading Banks
- Did you know that you can get a job and then open a bank account in your employers name and the bank won’t even want your employer to sign any documents to authorise transactions on the account.
- Did you know you can deposit your own personal money in your employers bank account and withdraw it again without the account holders written authority
- Did you know that you can buy foreign exchange money from a bank using your employees trust money without even having to sign for the withdrawal of it
Insurance Company
- Did you know a life insurance company will let any employee from any business open an agency with them in their own personal name
- Did you know the insurance company will pay the employees life insurance commissions into their employers bank account tax free
- Did you know you can buy life insurance on your families life and get the annual commission up front and use it to pay the monthly premiums.
Inland Revenue Department
- An employee with tax code “M” can pay withholding tax of 20%
- An employee does not have comply with the holidays pay act
- An employee does not have to comply with the Income Tax Act
- There is GST on wages and its tax deductable
- A employee can get commissions paid tax free from an insurance company
Leaving employment
- If you get dismissed by your employee you don’t have to hand in the keys to the business when you leave you can take them with you
- When you attend a mediation meeting held by the labour department, if you don’t like it you can just get up and walk out
| - If you are not happy about being questioned about your behaviour then just swear at your boss and tip everything off his desk on the floor
- Another good tactic is the remind your boss that he has a mental health problem and everyone in town is talking about it
- You can also put it in writing and make sure his mental illness get published in the local newspaper
- Whenever you have a meeting make sure you do a lot of crying
Summary
In these articles I have repeated my self several times. I have done so because the Judge said in his report that my former employee was not dishonest and I want to make sure that you understand why we dismissed her. We had put up with her alleged dishonesty for a long time.
Hold this picture in your mind
- Our business was losing money and our employee was being paid obly because I had given up taking an income from our business to keep her in a job
- Our employee had a taken a holiday on a cruize a ship and while she was away I discoverd several things that were no right in the business.
- On her return I took her into my office to discuss these things and it was there that she swore at me and swept the contents of my desk onto the floor
- She later cam into my office and took home with her all the stationery items from my office and I have never seen them since
- She then told me that people were saying that I had a mental health problem
- One can only take so much so we got rid of her or so we thought
Guilty or not Guilty
We have been charged with wrongfully dismissing an employee. I have told you why we dismissed our employee. Were we guilty or not guilty you be the Judge. Write and tell us what you think.



Employment Judge takes sides with the Employee
In this book I do not intend to use people names because it is not my intentions to put people down. The purpose of this book is to bring to the public’s attention just how one sided the New Zealand employment law is and the destruction that it is doing to employment and to people’s lives. It is mainly the small business owners who are being preyed upon and becoming victims of the one sided system.
After we dismissed our former employee for alleged dishonestly she spent over $35,000 in lawyers fees using the system that had rewarded her very handsomely in the past.
The procedure
After an employment court Judge opens the court the first thing he does is go through the employers evidence and throws out anything that is likely to favour the employers case against their employee. We had dismissed our employee for alleged dishonesty and below is a list of the things that she did which we believed were dishonest. This list was given to the Police who ignored its content and the Judge would not permit any of it to be used as evidence in court. After the 2 day hearing the Judge said our former employee was not dishonest. After you have read our story then you be the Judge and let me know your decision.
List of Dishonest events
1. Our employee did not disclose to us that she had been dismissed by her 2 previous employers.
2. She did not disclose to us that she had made a claim for unfair dismissal with a previous employer
3. Our new employee opened a new bank account with our bank using our business name without our permission or signature.
4. She deceived us by arranging a life insurance agency in her own personal name behind our backs
5. She deceived us by selling life insurance in our office on commission as a self employed person while being paid by us as an employee
6. She did not have an agreement with us to sell insurance in our business name yet she paid herself insurance commission from our bank account
7. Our employee used the new bank account that she opened in our name to deposit her insurance commissions
8. The money she used to pay herself came from our clients trust account
8. Our employee withdrew her insurance commission from our bank account using cheques which she had personally signed herself without our authority
9. Our employee did not pay tax on her commissions that were illegally deposited into our business bank accounts
10. The insurance commission she received via our bank accounts were broken into small parcels and transfer amongst our bank accounts to confuse our auditors
11. Our former employee used one of our cheques that that had been cancelled by the bank to withdraw foreign exchange from our clients trust account.
12. She entered my office and removed insurance policies that I had confiscated because they were written in our time on the lives of her own family.
13. She switched from PAYE to 20% withholding tax consistent with that of a self employed insurance agent
14. She did not disclose to us her part time employment status for taxation.
15. Incorrect calculation of holiday pay breaching the holidays act,
16. Incorrect calculation of sick pay breaching the holidays act,
17. Filing false GST returns on our behalf breaching the Income Tax Act
18. Purchasing without our permission a toilet seat and adding it to her wages
19. Charging stationary items surplus to our requirement with a stationery firm in our name without our permission
20. Encouraging her son to charge stationary items in our name without our permission
21. Making arrangements with telemarketers that were unrealistic
22. Making after hours calls while on holiday and charging them to us
23. Unlawfully entering my office and removing office stationery and not returning it
24. Abusing me in my office using foul language
25. Using violent behaviour by sweeping the contents off my desk on the floor of my office
26. This women also used my 30 year old personal mental health records as evidence against me in court and her solicitor and the judge both encouraged her to do it.
Our Accountants Evidence
My accountants statement was another vital piece of evidence but the Judge conveniently found an excuse why we could not present it in court. The following are the main points taken from our accountants statement.
1. On Wednesday the 25th July 2007 my client telephoned me and stated that one of his employees (who was overseas at the time) had transferred funds from his business account without his authority.
2 My client also stated that he was going to the police and asked if I would accompany him to the police station to witness an interview
3. My client made an oral statement to the Detective Sergeant of police
4. On Wednesday 23 July I received instructions from my client to carry out an audit on his business set of accounts
5. The audit found that misleading entries had been recorded
6. My clients former employee had made a declaration on her IR 330 form that her tax code was marked ”M” source of income means salary and wages.
7. My clients former employee was deducting PAYE as 20% withholding tax a category outside of her employment.
8. Working hours varied, holiday and leave pay were taken on an irregular basis
10. Extra hours were being added to the normal working hours
9. My clients employee was sometime recording incorrect entries
10. My clients employee was unlawfully transferring funds from one bank account to the other, then transferring the same amount of funds to another bank account to mislead an audit
11. My clients employee was unlawfully purchasing expenditure items for her own need
12. At another conversation with my client he stated that his employee was selling life insurance business in the firms working time
13. The commissions from the sales of insurance were deposited into my clients bank account, then the same amount was withdrawn without his knowledge
14. I advised my client that if that was the case then he had grounds to take the necessary action within the Employment Relations Act to dismiss the applicant
This document has been recorded directly from my accountants statement the one that was not permitted by the judge to be used in court.
Like all those in this book I am not disclosing my accountants name.
After her Dismissal
It was after her dismissal people came out of the woodwork and showed that the only thing they wanted was money.
1. After she left our employment she took with her our office and post box keys and as a result we had to change the locks at our own expense
2. At the mediation meeting our former employer and her solicitor failed to negotiate with us on her wages. They refused to negotiate and just got up and walked out of the meeting.
3. After our books were audited she returned her wage cheque wanting more
4. It took 4 months for the employment referee to make her decision on the ERA hearing
5. Her decision was against us and she dated her decision on the 21 st January in the knowledge that it would be extremely difficult for us to find a solicitor during the Christmas holiday period.
6. A Barrister unlawfully took instructions to act for us and once he started to do the work for us he cancelled his contract leaving me to battle with the statement of claim blind
7. A bank admitted they had been wrong in allowing our former employee to open a bank account without our signature
8. The bank allowed her to buy foreign exchange using a cancelled cheque and we have never been compensated by the bank for damages
8. The police sergeant who took our complaint about our employees alleged dishonesty resigned and never kept a record of our complaint
9. A lawyer who took security over our joint family home never signed or dated the necessary documents.
10. An employment Judge showed bias to the employee by holding back crucial evidence
11. The judge and our former employees solicitor allowed my personal mental records to be made public allowing my character to be publicly defamed.
Support Wanted
If you are in business and have a similar story to tell or if you are a solicitor who cares about employers then we would welcome your support in publishing this book. We dont want to know names we just want stories about the injustice that is happening both inside and outside the employment court. I have written our story but I cannot publish it without your support and the question is how many business owners are there in the world that have become victims of THE ONE SIDED EMPLOYMENT LAW
If you are one of them contact Ron E Bishop Phone o3 686 1271
email ron@timarudirectory.co.nz