Ask the expert: Your work can be unpaid

Can an employer require a worker to carry out extra duties for no reward? ... Dr MARIE WILSON, head of management and employment relations at the University of Auckland Business School and a veteran of 20 years in corporate management and small business, offers some helpful ideas.

Q: What is the legal position regarding unpaid overtime? I am a part-time lecturer, so I only get paid for the hours I am teaching. However, my contract says I am required to work such additional hours as may be necessary for marking work. By this they mean for free.

I was under the impression that a compulsion to "work" must be rewarded by at least the minimum wage - can they sack me if I work only the hours for which I am paid?

A: While you are correct that there is a minimum wage for hours worked, I'm not convinced that you are interpreting your contract correctly.

Many contracts set out basic requirements and then attendant or supporting duties that are expected as well.

The amount paid might be based on the number of students, number of contact hours and/or the level of the course you are teaching, but even you have acknowledged that the contract specifies that you have other duties in addition to just delivering your lectures.

I would suggest that you sit down with your supervisor and the HR manager and review your required duties and the amount of time they take, your initial expectations and the contract specifications.

Perhaps some issues were overlooked by you and your employer in negotiating your agreement.

Q: When the internet company I worked for was bought out, I was told to tender my resignation or face the sack for under-performance. I had completed my three-month probationary period, so could you tell me what my rights are? I've been assigned to a project which seems doomed to failure and I'm worried that it will take me with it.

A: These are three separate issues and there are complex legal issues in each one, so my general advice would be to contact the Employment Relations Service for more detailed advice and support.

However, obviously you haven't resigned and that can't be forced: if there is a performance problem, your employer has to make it clear to you where the deficiencies are and you have to have an opportunity to explain your performance and any obstacles to success.

Performance problems have to be discussed and managed regardless of whether you are in your first three months or have been there for 30 years.

If your project is failing despite your efforts then you are right to be concerned, more from the prospect of redundancy, as this type of work is abandoned. But again, this requires clear communication between you and your manager.

It may be time to express your concerns to your supervisor and/or HR manager, and see if you can get some facts and clear expectations to guide your behaviour.

Q: I might be paranoid, but I think my firm might be using an indirect route to move me on. Would it be possible that a headhunter is working for my present company to find me a job elsewhere?

A: It's not unheard of to recommend someone that you want to leave when a headhunter comes looking for potential recruits, but it is just as likely that someone referred you because they thought you might be interested in, or well-qualified for, a job that the headhunter called about.

* E-mail your questions for Dr Marie Wilson to answer.