New Zealand Datsun Club

Well heres how it is,

Back in February i disturbed 3 young guys braking into a van out side my work, Rung the cops and they got caught. Owner of the van didn't loose anything as i scared them off before they could steal anything or take the van.

Yesterday i got a visit from the Police man in change of the case with a piece of paper saying im getting summons to court to give evidence.

Now usually i wouldn't care but this is the part that annoys me,

I don't get a choice if i want to go or not. As i have been summons if i don't show up at the court at the given time a warrant will be issued for my arrest. (remember im only giving evidence haven't done anything wrong). So i have to attend, all good i'll be there.

But to do this i have to be there at 9.45am and then wait till the case goes before the courts sometime that day, So its not just a 5min job.

Now i haven't been in my job for 1 year yet so i haven't the right to take annual leave (not that i feel i should have to) so this means im now going to miss out on potentially half a days wages.
Now its not my boss job to cover that cost as it has nothing to do with him at all as the incident happened at a totally different location at my part time job,

So how is it fair that me being the person who stopped the crime from happening, am the one who is potentially going to be financially inconvenienced the most.


Any ideas and thoughts from previous experiences?
Im going to mention this when im asked to stand up and have my say thats for sure.

That sucks man. Maybe ring the labour department and all them for thirty thoughts on who should pay. Surely it should be the government (winz) that pays....just like if you go to jury service

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unlimitedpower wrote:Well heres how it is,

Back in February i disturbed 3 young guys braking into a van out side my work, Rung the cops and they got caught. Owner of the van didn't loose anything as i scared them off before they could steal anything or take the van.

Yesterday i got a visit from the Police man in change of the case with a piece of paper saying im getting summons to court to give evidence.

Now usually i wouldn't care but this is the part that annoys me,

I don't get a choice if i want to go or not. As i have been summons if i don't show up at the court at the given time a warrant will be issued for my arrest. (remember im only giving evidence haven't done anything wrong). So i have to attend, all good i'll be there.

But to do this i have to be there at 9.45am and then wait till the case goes before the courts sometime that day, So its not just a 5min job.

Now i haven't been in my job for 1 year yet so i haven't the right to take annual leave (not that i feel i should have to) so this means im now going to miss out on potentially half a days wages.
Now its not my boss job to cover that cost as it has nothing to do with him at all as the incident happened at a totally different location at my part time job,

So how is it fair that me being the person who stopped the crime from happening, am the one who is potentially going to be financially inconvenienced the most.


Any ideas and thoughts from previous experiences?
Im going to mention this when im asked to stand up and have my say thats for sure.

First step would be to touch base with your employer and inform him of what's happened, and get his input on pay options for 'Witness Leave'. There are regulations (like with Jury Duty) where a witness may be reimbursed for their services, but of course that won't cover you for your exact wages (and isn't always guaranteed). Your employer (if a good one) would be able to a) top up the difference between your normal pay and the court payment, b) put your leave into arrears (leave in advance) and deduct it from your initial leave payment once you have been on the payroll for 12 months, or c) be a GC and just give you the time off (paid).

I don't know if this relates to being summoned as a witness, but an employer could be at a risk of being held in contempt of court if you (the employee) claim you cannot afford to miss work to fulfil summons. Clarify this with the court... Lastly, if you have a signed employment contract/agreement, see if there is any clause in there relating to court summons and duty. You could get lucky

- Braasy

That does suck, and because the Police are too Busy to take finger prints etc for all the other car thefts, whoever it was that you caught out will at worst get charged with "attempted" and get a slap with a wet bus ticket and plead it was only a one off, so you will pay even more than they will. All the best for putting your case, I some how fear they won't care or give you a space to voice it, what did Mr Plod say about it when he dropped you the note?

Yea went up and seen them to
A: clear up the Tuesday 23rd thing (come on 12 months notice surely not)
B: Ask about the pay thing, I can claim back some (a small amount)
To be honest its the principle of the thing not the money i work 63 hours a week 2 jobs and im paid pretty good for both so i can afford to wear it on a one off.
A: I can't be bothered wasting the cops time he a pretty good guy is time better uses dealing with more useless shits rather than me,
B: i can't be arsed filling out the forms.

My employer will pay me forward my annual leave if i want them to but at the end of the day thats my time/money i should be spending with my son not wasting time sitting on my arse waiting for 2X 15yos and a 13yo to get there told they were very naughty and not to do it again.

The cop lady did say that quite often that they get people go through this situation and say next time they will turn around and walk away rather than report the crime as sucky as it it is for some one else to loose there property or get hurt some people just can't financially afford to be a witness why should they loose out for doing a good deed,

Big problem i think needs to be address at a higher level i reckon.

If I were your employer I would just pay you. Its a one off thing and you are doing a service to the community. Its in the interest of everyone that you go.

Yea id say what will happen is it will just come out of my annual leave i have accumulated but technically not yet allowed to take my boss is pretty good and won't have a problem with it it was more just to bring to light the situation. Not everyone is in my situation with having a good boss and enough of an income to take a hit of a days wages (at most prob half a day) and not have to worry bout it to much. Just means its puts me out a week to buy stuff for my datsun as if i don't take the annual leave its coming out of my play/datsun money.

I think the little wankers should me made to pay for EVERYONES expenses thats how it should work.

its my understanding that annual leave acrews 1 day per however many weeks, so if you have worked a certain amount of time then you should be intitled to ex amount of annual leave, why do you have to be employed for 12 months before being granted permission to use it???

just asking cause im curious,

next time something like this happens bash the pricks and stuff them in the vehicle, then the police can catch them (red handed) inside it,

As above.
I'm 99% sure the law changed, and you should now acrue 3.03 hours per week annual leave. My employer used to give it to you in one hit (on the anniversary of commencement of employment) But it changed to 3.03 hours per week (Or there abouts) when the law changed. (or so I was led to believe) I should know that stuff, I'm a union delegate at work...........

2 doors wrote:its my understanding that annual leave acrews 1 day per however many weeks, so if you have worked a certain amount of time then you should be intitled to ex amount of annual leave, why do you have to be employed for 12 months before being granted permission to use it???

just asking cause im curious,

next time something like this happens bash the pricks and stuff them in the vehicle, then the police can catch them (red handed) inside it,

Employees can ask to take leave in advance of earning their 12 month entitlement, but approval is at the discretion of your employer. That's just their legal right unless discussed, agreed and noted in your employment contract/agreement upon commencement. Also, your employer cannot deduct any annual leave/holidays in advance without a written request and your approval.

Direct copy/paste from the Department of Labour (Employees who take annual holidays in advance of entitlement):

"The payment for holidays taken in advance is still based on the greater of the employee’s ordinary weekly pay or average weekly earnings. To calculate average weekly earnings where the employee has less than 12 months’ service, the gross earnings from starting work until the last pay period before the holiday are divided by the number of weeks worked."

More information can be found here

- Braasy