INDIVIDUAL EMPLOYMENT AGREEMENT

This agreement is entered into under the Employment Relations Act 2000.

  1. The Parties

This is an Individual Employment Agreement between

……………………………………………………………...…………………………………………………………………… (the employer – legal name)

trading as: ………………………………………………………………………………………………………………………………….…………………….………………

and…………………………………………………………...... …………………….… (the employee -first names and surname)

as……………………………………………………………..…………………………………..…………………………….………...……(position or grade)

at …………………………………………………………………………….………………….……(indicate where work is to be performed)

  1. Term of Agreement

(a)Commencement date: …………………………………………………………………………….…….……………………………………

(b)Trial Period:(Delete if not applicable. Use this clause for new employees only and ensure the employment agreement is signed before the employee’s first day of work.)

  1. The employer and employee agree that the employee’s employment is subject to a Trial Period (under Sections 67A & 67B of the Employment Relations Act)
    of 90 daysstarting on the commencement date, being the day the employee actually starts work, and expiring on………………………………………………………………………………
  2. If within this Trial Period, in the employer’s opinion, the employee does not meet the employer’s needs or standards for any reason, the employer may terminate employment on notice. The employer may, at its discretion, pay wages in lieu of some or all of the notice period.
  3. Notwithstanding any other provision in this Employment Agreement, the notice period for termination of employment during the Trial Period is……………… week/s.
  4. In the event that termination occurs under this provision the employee is not entitled to bring a personal grievance on the grounds of unjustified dismissal
    or any other legal proceedings in respect of the dismissal.
  5. During the Trial Period any disciplinary proceedings clause of this agreement or any employer policy regarding the employer’s obligations (including any process requirements) in relation to performance, conduct, training or any other matter relating to the employee’s employment will not apply, except that the employer retains the right to dismiss the employee with immediate effect for serious misconduct.
  6. Notwithstanding any other provision in this employment agreement, the employer is not required to comply with section 4(1A)(c) of the Employment Relations Act during the Trial Period. Section 4(1A)(c) requires the employer
    to provide the employee with access to relevant information and an opportunity to comment on the relevant information before any proposed decision is made which will, or is likely to, have an adverse effect on the continuation of the employee’s employment.
  7. If the employer dismisses the employee during the Trial Period, the employer is not required to comply with a request under section 120 to provide an employee with a written statement of the reasons for dismissal.
  8. The employee agrees that the employer has drawn attention to and explained the provisions of this clause and been advised of his/her right to seek independent advice. The employee agrees that he/she has been given the opportunity to raise any issues in relation to this clause with the employer and that, where applicable, the employer has bargained in good faith by considering and responding to the issue/s raised.

(c)Fixed Term(for fixed term or temporary employment only – Delete if not applicable)

The parties agree the fixed term is required ……………………………………………………….…………………...

……………………………………………………………………………………………………………………………….……. (Describe reason)

The employment will end …………………………………………………………….……..…………………. (Date/event)

(Note: - A fixed term must be for genuine reasons relating to the employer’s operational requirements and both the proposed term and the reasons for the term are to be agreed with the employee at the time of engagement.)

  1. Complete Agreement

(a)This agreement and any schedules to this agreement, and any current company rules (as amended from time to time), together comprise the entire agreement and supersede any previous agreement relating to the employment whether in writing or not.

  1. Duties and Responsibilities

(a)The work to be performed is as per the attached Job Description or as described below:

……………………………………………………………………………………………………………………………………………………………………....

…………………………………………………………………………………………………………………………………..………………………………....

(b)From time to time the duties and responsibilities may be varied by the employer to cover sickness, absence or other similar temporary situations.

(c)Permanent changes to duties and responsibilities, reporting relationships, or any other matter specified above, may be made by the employer from time to time following consultation with the employee and with reasonable notice.

(d)The employee is responsible to and will report to ………………………………………………….………......

(e)The employee is responsible for supervising ………………………………………………......

  1. Hours of Work

(a)(Delete if not applicable)The parties agree that the employee is being employed to perform duties on a part time basis.

(b)The employee’s usual hours of work shall be…………..…… hours per …………..……
Such hours shall be workedwith a degree of flexibility to meet the needs of the businesson the days and times as advised by the employer from time to time or as detailed in Schedule 1.

(c)Rest breaks (paid)and meal breaks (unpaid) will be allowed as agreed with the employer and included in Schedule 1. Such breaks are subject to the requirement to maintain continuing customer service at busy times.

(d)From time to time the employer may vary the specified hours and meal and rest breaks to cover sickness, absence, sudden busy periods or similar temporary situations.

(e)Permanent changes to the normal hours of work may be made by the employer following consultation with the employee.

  1. Wages

(a)The pay rate will be $ …………..……………gross per ………………………………………

(b)The conditions and rates for any other payments (if any) are recorded in Schedule 1. For KiwiSaver, see Schedule 2.

(c) Wages will be paid weekly /fortnightly (delete as applicable) by direct credit into a bank account nominated by the employee from time to time. The pay week/fortnight runs from ……………………………………… to …………………………………… and wages will be paid not later than the following ………………………………………

(d)For the purposes of public holiday pay and sick bereavement pay, relevant daily pay or average daily pay will be paid in accordance with the Holidays Act. Relevant daily pay is defined as the amount that the employee would have received had the employee worked on the day concerned and includes:

  • Productivity or incentive based payments (including commission) if those payments would have otherwise been received on the day concerned.
  • Payments for overtime if those payments would have otherwise been received on the day concerned.
  • The cash value of any board and lodgings provided by the employer to the employee.

Where it is not possible or practical to determine an employee’s relevant daily pay
or the employee’s daily pay varies within the pay period that the holiday or leave
falls, average daily pay will apply.

(e)Deductions may be made from an employee’s wages/salary and/or final pay (including holiday pay) in the following circumstances:

  • Where applicable, for time lost through sickness, accident, the employee’s default and/or negligence and absence without pay.
  • By agreement between the employer and employee
  • As otherwise provided for in this agreement and/or other policies of the employer, applicable to the employee.
  • From final pay:
  • Where the employee has not provided the employer with proper notice pursuant to the termination provisions in this agreement. (In this situation an amount equal to the shortfall in notice may be deducted.)
  • For any unreturned protective clothing, equipment, or any other property, or debt reasonably believed by the employer to be owing to the employer, whatsoever it may be.
  • The final pay will be calculated, pursuant to statutory requirements, for any outstanding wages, holiday or other entitlements less any authorised deductions, and shall be paid in the normal pay period applicable to the employee following termination of employment.

(f) In the event of an overpayment of wages, the employer may recover the amount of overpayment provided the employee is given written notification of the intention to recover the overpayment, the amount to be recovered and a full explanation of the reasons for the overpayment.

  1. Holidays

(a)Annual holidays and public holidays will be allowed in accordance with the Holidays Act 2003. From 1 April 2007 the Act provides for a minimum annual holiday entitlement of four weeks.

(b)The annual leave holiday entitlement commences upon completion of the first year of employment.

(c)The employee must use all annual leave within 12 months of becoming entitled to the leave and at a mutually agreed time. In the absence of such agreement, the employer may determine when the leave is to be taken. Before doing this, the employer will consult with the employee and give not less than fourteen days’ notice of the date the leave is to be taken.

(d)In terms of the Holidays Act 2003, the employer may have a closedown (or partial closedown) once a year and require the employee to take annual leave during the period of the closedown. The employer will give not less than fourteen days notice of a closedown.

(e)The employee may request in writing that one week’s annual leave be exchanged for cash. This request may be declined by the employer after consideration.

(f)Where a public holiday falls on a day the employee would normally work, the employer reserves the right to require the employee to work on that day.

(g)An employee who works on a public holiday will be paid not less than the relevant pay rate for the hours worked plus half that rate again. When that work on a public holiday falls on a day the employee would normally have worked, the employee will be entitled, in addition, to an alternative holiday (one day, paid) in lieu of the public holiday, to be taken at a later date by mutual agreement. Where agreement is not reached the employer may decide – on a reasonable basis - when the alternative holiday will be taken provided they give the employee not less than 14 days notice.

(h)In the event that the employer is unable to trade on Easter Sunday because of the Shop Trading Hours Act Repeal Act 1990, the employee will not be offered work on that day and will take either annual leave, an alternative holiday, leave in advance or leave without pay, as appropriate.

(i)Anzac Day and Waitangi Day will be “Mondayised” if they fall on a Saturday or Sunday.This means, if Waitangi Day or Anzac Day fall on a Saturday or Sunday:

  1. For employees who would not otherwise work on that Saturday or Sunday, the public holiday will be treated as falling on the following Monday.
  2. For employees who would otherwise work on that Saturday or Sunday, the public holiday must be treated as falling on that day.

(j)Further information about entitlements under the Holidays Act can be obtained from the Department of Labour on freephone 0800 800 863.

  1. Sick Leave

(a)On completion of six months employment, five days leave on pay will be allowed for each subsequent twelve months of employment, in accordance with the Holidays Act 2003, to cover personal sickness or injury or the sickness or injury of a spouse or person who depends on the employee for care

(b)Sick leave that is unused at the end of the 12 month period will be carried over and accumulated with the new entitlement, provided that a maximum of 15 days unused sick leave can be carried forward in any one year.

(c)The employer may authorise additional paid or unpaid leave on such terms and conditions as it thinks fit or as provided in the Company/House Rules.

(d)The employer may require an employee to provide proof of sickness after less than three days as provided for in the Holidays Act and, in that case, will meet reasonable costs of obtaining that proof.

  1. Bereavement Leave

(a)On completion of six months employment an employee is entitled to bereavement leave.

(b)Three days of bereavement leave on pay will be allowed if the employee suffers bereavement on the death of the employee’s spouse, parent, child, brother or sister, grandparent, grandchild, or spouse’s parent.

(c) One day of bereavement leave on pay will be allowed on the death of any other person if the employer accepts, having regard to relevant factors such as those set out below, that the employee has suffered a bereavement as a result of the death of any other person. Relevant factors under this clause will include:

  • The closeness of the association between the employee and the deceased person.
  • Whether the employee has to take significant responsibility for all or any of the arrangements for the ceremonies relating to the death.
  • Any cultural responsibilities of the employee in relation to the death.
  1. Termination

(a)Notice: Employment may be terminated by either party giving ………… week/s notice. Any such termination by the employer must be for cause. The employer may, at its discretion, pay wages in lieu of some or all of the notice period. Attention is drawn to the lesser(delete if not applicable) notice during a Trial Period under clause 2(b).

These provisions shall not prevent the employer from summarily terminating the employment for serious misconduct. During an investigation into an allegation of serious misconduct, the employer may suspend the employee on pay if it deems such action to be necessary or desirable.

(b)Illness or incapacity: The employer may terminate this Agreement by giving such notice to the employee as the employer deems appropriate in the circumstances if, as a result of mental or physical illness or accident, the employee is rendered incapable of the proper and ongoing performance of his/her duties under this Agreement.

  1. Before taking any action under Clause 10 (b), the employer may require the employee to undergo and obtain, at the employer’s expense, an assessment and subsequent opinion from a registered medical practitioner. On receipt of such an opinion the employee shall authorise that medical practitioner to release the results of that assessment to the employer and the employer shall take into account any reports and recommendations made available to the employer as a result of that medical opinion and any other relevant medical reports or recommendations that the employer may receive or which may be tendered to the employer by or on behalf of the employee.
  2. We acknowledge that you have the right to refuse to undergo such an assessment however such refusal may leave us to make any decisions only on any other information provided to us.

(c)Abandonment: If the employee is absent from work for three consecutive working days without notification to the employer and without good cause, the employee will be deemed to have terminated the employment by reason of abandonment. At the end of the third working day, and after attempting to contact the employee at the last known address, the employer may advise the employee that the employment is terminated on the basis of abandonment by sending the employee a letter to their last known address.

  1. Health and Safety

(a)The Employee is required to comply with the Health and Safety at Work Act 2015 and is required to be familiar with and comply with the Employer’s Health & Safety Policy, including taking all practicable steps to ensure no action or inaction by the Employee affects the Employee’s own health and safety or the health and safety of any other person.

  1. Redundancy

(a)A redundancy situation arises when the employment is terminated due to the fact that the position held by the employee is, or will become, superfluous to the needs of the employer.

(b)In such cases, the employer will follow a fair procedure, will consult with the affected employees and explore any alternative options before terminating the employment.

(c)If the employment is terminated on the grounds of redundancy, the employer will give not less than the notice period specified in clause 10(a). The employer may, at its discretion, pay wages in lieu of some or all of this notice period.

(d)No additional compensation for redundancy is payable.

12Sale, Transfer or Contracting Out

(a)As required by the Employment Relations Act 2000, the following process will apply where part or all of the employer’s business is to be sold, transferred, or contracted out and, as a result, the work performed by the employee, or work that is substantially similar, will be performed by employee(s) of the new owner or contractor (the new entity):

  • In the course of its negotiations with the new entity, the employer will discuss with the new entity the likely impact of the proposed change on affected employees and whether it is possible to transfer the employee to that entity; and, if so:
  • whether that transfer will be offered on the same terms and conditions of employment.

(b)In any such case, the following process will apply with respect to entitlements:

  • Where the employee accepts a transfer to the new entity, no notice of redundancy or redundancy payment will be made.
  • Where the employee is not offered a transfer to the new entity on similar terms and conditions of employment, the provisions of 11 (b), (c) and (d) will apply, or
  • Where the employee is offered a transfer to the new entity on similar terms and conditions of employment but elects not to accept that offer, no notice of redundancy or redundancy payment will be made.

(c)Where a transfer is possible, continuity of service and liability for outstanding holiday pay, sick leave and other accrued benefits will be discussed with all parties to ensure there is no misunderstanding of who is liable.

13Force Majeure

(a)If any party to this agreement cannot perform its obligations under this agreement by reason of riot, earthquake, volcanic activity, fire, storm, flu pandemic, operation of law or other like cause beyond the control of the party, (the ‘force majeure event’), that party shall be released from its obligations under this agreement if and to the extent that such party is prevented or delayed from performing its obligations by reason of that force majeure event, but without prejudice to any pre-existing claim or pre-existing liability in respect to this agreement.

14Property

(a)The employee shall take all reasonable care in the use of, and for the protection
of, any property belonging to or in the care of the employer. On termination of employment, or upon a request to do so by the employer, the employee shall
return in good condition (subject to fair wear and tear) any property in his/her possession and belonging to the employer.