Kia ora everyone,
I'm looking for some advice about my employment situation in New Zealand and whether my employer has been handling my contracted hours correctly.
I applied for a job at a restaurant that was advertised as a part-time position offering up to 20+ hours per week. However, I was not given nor copied another contract for myself and I had to hand it in physically. I then asked for a copy of my contract which they could have changed? And I asked whether I was part-time or casual as I was not given regular hours. They said the restaurant is in early stages and they are unsure.. The restaurant has been operating for 20+ years but this is a new location. My employment agreement states that my peak hours are 10 hours and my off-peak hours are also 10 hours.
The issue is that my contract doesn't clearly state whether these hours are guaranteed or whether I will only be paid for the hours I actually work. It also doesn't explicitly state whether I'm employed as a permanent part-time employee or a casual employee, despite the original job advertisement describing the role as part-time.
Throughout my employment, there have been numerous weeks where I haven't received anywhere near 10 hours of work. Sometimes, I've only been rostered for two or four hours for the entire week. This has happened repeatedly, and I haven't been paid for any hours I wasn't rostered to work.
On top of this, I've also experienced numerous shift cancellations. My employer cancels shifts, and I've been told that if they give me at least two hours' notice, I don't get paid for the cancelled shift. I'm unsure whether this is legally correct under New Zealand employment law or whether I should be receiving compensation for these cancellations.
Some of my coworkers have also told me that I should be entitled to a payout for the hours I haven't received because my contract lists 10 peak hours and 10 off-peak hours. This has made me question whether those hours should have been guaranteed and whether my employer should have paid me for the difference between my contracted hours and the hours I actually worked.
I understand that hospitality can be unpredictable and that business levels fluctuate, but I'm confused about what my employment agreement actually entitles me to. I don't want to assume I'm owed money if that's not how the law works, so I'm hoping to get some advice.
My questions are:
If my contract lists 10 peak hours and 10 off-peak hours, could these be considered guaranteed hours even though the agreement doesn't explicitly say they are guaranteed?
If I was employed as a part-time worker, can my employer regularly roster me for only two to four hours a week when my contract lists 10 peak hours and 10 off-peak hours?
Does the fact that the original job advertisement described the position as part-time matter if my signed employment agreement doesn't specify whether I'm part-time or casual?
Could I be entitled to back pay for the hours I wasn't rostered for if those hours were supposed to be guaranteed under my employment agreement?
Is it legal for my employer to cancel a rostered shift without paying me as long as they give me at least two hours' notice? My understanding is that I don't receive any payment for these cancelled shifts.
Could the shift cancellations also entitle me to compensation, depending on the wording of my employment agreement and the circumstances?
Would it be worth contacting Employment New Zealand or the Labour Inspectorate to have my contract reviewed and find out whether I'm owed any money?
I'm also resigning from this job, so I'd like to understand my employment rights before making any decisions.
I'd really appreciate advice from anyone familiar with New Zealand employment law or anyone who has experienced a similar situation. I'm happy to provide the exact wording of the relevant clauses in my contract, with personal information removed, if that would help.
Thanks in advance!