1 The Parties
The parties to this employment agreement are:
1. insert employer’s name, the "Employer"; and
2. insert employee’s name, the "Employee".
2 The Position and the Duties
The Employee is being employed as insert title of position.
The Employee shall perform the duties set out in the Job Description attached to this agreement.
The Employee shall report to insert name of Manager or to any other representative of the Employer designated from time to time by the Employer.
The Employer shall, in consultation with the Employee, set the Employee objectives at least on an annual basis. These objectives shall be taken into account by the Employer when assessing the employee’s performance.
The Employer shall conduct a performance review of the Employee on at least an annual basis. This review shall be taken into account in any salary reviews.
In the event the Employer considers that a secondment (such as to a client or customer or project) would be in the best interests of the Employer, the Employee shall comply with all reasonable requests to carry out that secondment.
3 Obligations of the Relationship
The Employer shall:
(i) Act as a good employer in all dealings with the Employee;
(ii) Deal with the Employee and any representative of the Employee in good faith in all aspects of the employment relationship;
(iii) Take all practicable steps to provide the Employee with a safe and healthy work environment.
The Employee shall:
(i) Comply with all reasonable and lawful instructions provided to them by the Employer;
(ii) Perform their duties with all reasonable skill and diligence;
(iii) Conduct their duties in the best interests of the Employer and the employment relationship;
(iv) Deal with the Employer in good faith in all aspects of the employment relationship;
(v) Comply with all policies and procedures (including any Codes of Conduct) implemented by the Employer from time to time.
(vi) Take all practicable steps to perform the job in a way that is safe and healthy for themselves and their fellow employees.
4 The Place of Work
The parties agree that the Employee shall perform their duties at insert location of employer’s premises.
5 Hours of Work
The employee’s hours of work shall be insert number hours per week on insert days, between the hours of insert start and finish times.
The parties agree that the Employee shall be entitled to a tea break of insert duration at insert time or after insert period of work.
The employee’s hours of work may be varied as follows:
(i) By mutual agreement between the Employee and the Employer; or
(ii) If agreement cannot be reached, by the Employer, following consultation with the Employee, provided that the employee’s minimum hours of work are not reduced below insert number hours and that any increase in hours of work is reasonable.
When seeking to vary the employee’s hours, the Employer shall act reasonably, and shall take into account the employee’s personal circumstances and commitments.
6 Wages/Salary/Allowances
The employee’s salary shall be $insert figure per annum, which shall be paid insert pay period on insert day on which payment will be made insert payment method.
The Employee shall be entitled to receive Commission in addition to their base salary or hourly rate of insert amount on the following basis insert detail of commission plan. The employee’s pay shall be paid insert pay period on insert day on which payment will be made insert payment method.
The Employee shall be eligible to receive a bonus in insert period provided the Employee achieves in the reasonable opinion of the Employer the objectives agreed between the Employer and the Employee at the beginning of that period.
The Employee shall be entitled to receive an increase in their salary/wages upon the achievement of insert years years continuous service with the Employer. This increase shall be as follows, and will be in addition to any agreed increases allocated under any salary review process:
insert details of service pay scale
The Employee shall be entitled to receive the following payments, upon achievement of the following qualifications/skills:
insert details of payments, qualifications and/or skills
The Employer agrees to review the employee’s salary/wages on the 12 month anniversary of this employment agreement and every 12 month anniversary thereafter. The parties agree that the Employee shall not have any necessary entitlement to an increase, but, the Employer agrees to conduct this review in good faith and to consult with the Employee during the review.
The Employee shall be paid a insert name allowance of insert amount per insert circumstances, which shall be paid to the Employee on a insert payment period basis.
The Employee shall be paid a insert name allowance of insert amount per insert circumstances, which shall be paid to the Employee on a insert payment period basis.
The Employee shall be paid a insert name allowance of insert amount per insert circumstances, which shall be paid to the Employee on a insert payment period basis.
The parties agree that the Employee shall be entitled to penal rates for working on insert situations. Where penal rates are payable, they shall be paid at the following rate: insert rate of penal payment.
The parties agree that where the Employee works requested overtime, the Employee shall be entitled to payment for each hour of overtime at the following rate: insert rate.
The Employee shall be entitled to reimbursement by the Employer of all expenses reasonably and properly incurred by the Employee in the performance of their duties, provided the Employee produces appropriate receipts to the Employer when requesting reimbursement.
The Employee may be required to travel from time to time as part of their duties. The Employer shall reimburse the Employee for their reasonable work related travel and accommodation costs upon production of appropriate receipts.
7 Holidays and Leave Entitlements
The Employee shall be entitled to paid annual leave of three weeks per year after 12 months continuous employment with the Employer, in accordance with the Holidays Act.
The Employee is being employed to perform work on a casual as required basis. The Employer shall, instead of paying the Employee during any periods of annual leave, pay the employee’s holiday pay at the same time as their salary payments. The amount of holiday pay is insert amount per hour of work, which shall be paid less tax, at the same time as the employee’s salary payments. The employee’s pay slip will identify the employee’s base hourly rate, and the separate holiday pay.
The Employee shall, during their fixed term agreement be provided with insert number days paid annual leave to be taken at a time agreed to by the parties, or if agreement cannot be reached, as directed by the Employer having been given at least 14 days notice.
The employee shall be entitled to be paid for the time actually worked on a Public Holiday at the rate of time and a half of their relevant daily pay.
The Employer may require that the Employee be on call on a public holiday that would otherwise have been a working day for the Employee. Where this occurs, the entitlement to payment is as follows:
(i) If the employee is called out, the employee is entitled to payment (as detailed in the 'Payment for work on a public holiday' clause of this agreement) plus a full day’s paid alternative holiday
(ii) If the Employee is required to restrict activities on the day to the extent that they have not enjoyed a full holiday, but is not called out, then the Employee is entitled to a full day’s paid alternative holiday. Payment for the time on call is at insert agreed rate.
(iii) If the Employee is on call, but is not required to restrict activities, for example if the employee can choose not to accept the call out, then the entitlement to payment and an alternative paid holiday only arises if the Employee accepts the callout and the day would otherwise have been a working day for the employee. If this occurs, then the employee is entitled to payment (as detailed in the 'Payment for work on a public holiday' clause of this agreement) plus a full day’s paid alternative holiday. Payment to recognize the time on call regardless of a call out is at insert agreed rate.
The Employer may request that the Employee is on call on a public holiday that would not otherwise have been a working day for the Employee. Where this occurs, the entitlement to payment is as follows:
(i) If the employee is called out, the employee is entitled to payment (as detailed in the 'Payment for work on a public holiday' clause of this agreement) but not a day’s paid alternative holiday.
(ii) If the Employee is required to restrict activities on the day to the extent that they have not enjoyed a full holiday, but is not called out, then the Employee is entitled to a full day’s paid alternative holiday. Payment for the time on call is at insert agreed rate.
(iii) If the Employee is on call, but is not required to restrict activities, for example if the employee can choose not to accept the call out, then entitlement to payment only arises if the Employee accepts the callout. Payment for the time on call regardless of a call out is atinsert agreed rate.
The Employee shall, after 6 months employment with the Employer, be entitled to 5 days sick leave for each subsequent 12 month period of service. Sick leave can be taken where the Employee is sick or where the employee’s spouse or a person who is dependent on the Employee is sick or injured.
Sick leave entitlements can be accumulated from year to year up to a maximum entitlement of 20 days.
Where the Employee has taken sick leave and has been absent from work for at least three consecutive calendar days, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave, at the employee’s cost.
Where the Employee takes sick leave, and the Employer has reasonable cause to suspect that the leave is not genuine, the Employer shall be entitled to require the employee to provide proof of entitlement to sick leave within the three consecutive calendar days, at the employer’s cost. The employer will inform the employee as early as possible that such proof will be required.
The Employee is entitled after 6 months employment to paid bereavement leave of up to three days in relation to the death of their parent, grandparent, sibling, child, grandchild, spouse, or parent of their spouse.
The Employee is entitled to one days paid bereavement leave if the Employer considers the Employee has suffered a bereavement through the death of another person.
The Employee shall be entitled to parental leave in accordance with the Parental Leave and Employment Protection Act 1987.
Applications for unpaid leave will be given reasonable consideration by the Employer, but shall be granted only at the employer’s sole discretion having regard to the requirements of the employer’s business and operations. Applications for unpaid leave will be considered in situations such as for compassionate reasons; to undertake a course of work-related study; or to gain additional work-related experience.
The Employer may closedown all or part of its operations regularly once a year and require the Employee to take leave during the period of the close down, even where this requires the Employee to take leave for which they are not fully reimbursed. The Employer shall provide the Employee with at least 14 days advance notice of the closedown.
Where the Employee is called for jury duty, the Employer shall continue the employee’s full pay for the duration of the jury service for days that would otherwise have been working days, and the Employee will pay to the Employer any jurors fees received by them.
Leave for training or service in the Territorial and Reserve Forces shall be covered by the Volunteers Employment Protection Act 1973.
8 Other Entitlements/Benefits
The Employee shall be entitled to join the employer’s superannuation scheme from the commencement of employment. The Employer agrees to pay to the scheme insert figure, less tax, for each dollar the Employee contributes to the scheme, up to a maximum Employer contribution of insert maximum.
The Employer shall provide the Employee, and their family - delete as appropriate with medical insurance up to a value of insert amount per annum.
The Employer will arrange and pay for the Employee to receive a flu shot on an annual basis, where requested by the Employee.
In order to assist the health and wellbeing of the Employee, the Employer will pay insert sum to a club or gym when the Employee joins, as a contribution to the annual joining fee. This sum shall be payable every 12 months as long as the Employee retains membership of the club or gym or an alternative club or gym as agreed with the Employer.
The Employee shall be entitled to an annual eye test, to be carried out by an optometrist nominated by the Employer, at the employer’s expense, up to a maximum cost of insert sum.
In order to perform their duties the Employee shall be provided with a mobile telephone. The Employer shall, in consultation with the Employee, arrange the mobile phone plan and meet the rental costs of the telephone. The Employer shall meet the cost of all work-related calls, but all personal calls shall be paid for by the Employee. The Employer may modify the plan or replace the telephone from time to time.
The Employee shall be entitled to the use of an allocated car park for each working day, at insert location. The cost of the ark park will be met by the Employer. The car park allocated to the Employee may be varied from time to time at the employer’s sole discretion.
The Employee shall be allocated a car for work purposes only. This car shall be parked at the employer’s premises during non-work time. The Employer will meet all maintenance and running costs, including fuel and insurance. The Employee should comply with traffic regulations at all times. Parking fines and traffic fines will be the responsibility of the Employee. The car allocated to the Employee may be replaced by the Employer from time to time. The Employee agrees to comply with all motor vehicle policies the Employer may issue from time to time. The Employee must ensure that the car is to be appropriately maintained and kept in a clean and tidy condition at all times. Ongoing use of the car is subject to the Employee retaining a current drivers license.
Where the Employee is undertaking study approved by the Employer, the Employee shall be entitled to the following:
(i) a contribution towards course fees of insert amount;
(ii) paid time off to attend examinations, provided such time is reasonable having regard to the employer’s operational requirements;
(iii) reasonable assistance with child care, as agreed in advance.
At the completion of each 12 month period of service with the Employer the Employee shall be entitled to insert amount by way of a grant to attend a course or training which has been approved by the Employer, such approval not to be unreasonably withheld.
The Employer shall, to the extent permissible under law, indemnify the Employee from and against all actions, claims and demands brought against the Employee by any third party relating to the performance of the employee’s employment, provided that the employee’s actions were in good faith and did not involve recklessness, wilful neglect or any wilful failure to carry out a lawful instruction from the Employer.
The Employer provides subsidised child-care facilities to its employees. The Employee is entitled to access that facility free of charge/at the charges applied to staff - delete one.
The Employer is committed to providing reasonable assistance to those of its employees with child care responsibilities. This includes giving reasonable consideration to requests for short periods of time to attend to breastfeeding where the employee’s child is at an on site child care centre or is brought to a proximate location.
9 Health and Safety
Both the Employer and the Employee shall comply with their obligations under the Health and Safety in Employment Act 1992. This includes the Employer taking all practicable steps to provide the Employee with a healthy and safe working environment. The Employee shall comply with all directions and instructions from the Employer regarding health and safety and shall also take all reasonable steps to ensure that in the performance of their employment they do not undermine their own health and safety or the health and safety of any other person.
The Employee shall ensure they are familiar with the employer’s health and safety policies, and any modifications to those policies that may be introduced from time to time.
Because the Employee will be using a computer as part of their job, the Employer and Employee shall consult about the hazards represented by the equipment and the work environment to ensure that both parties have regard to the recommendations set out in the Department of Labour Approved Code for the Safe Use of Visual Display Units.
As part of the employee’s job, the Employee will come into contact with chemicals for time to time. The Employer shall provide appropriate equipment, information and training for dealing with the chemicals in question. The Employee shall take all reasonable precautions at all times when dealing with chemicals to ensure that safe and appropriate practices are followed. In addition, the Employee shall comply with all health and safety directions and policies of the Employer.
Because manual handling tasks are a significant part of the employee’s job, the Employer and Employee shall consult about the hazards represented by the tasks, to ensure that both parties have regard to the recommendations set out in the Department of Labour Approved Code for Manual Handling.
Where the Employer has reasonable grounds for suspecting that the Employee is under the influence of illegal drugs while at work, the Employer may require the Employee to undergo a non-intrusive drug test (a urine test) which will be conducted by a registered medical professional. The testing process followed will be such as to ensure a safe and accurate test.
In deciding whether to conduct a test the Employer shall have regard for any comment by the Employee. On receipt of a positive test the Employer shall discuss the results with the Employee and take into consideration any explanation received before any outcome is decided upon.
The Employer has an Employee Assistance Programme in place. In the event the Employee considers that they require or could benefit from EAP support they should feel free to contact the EAP representative on insert telephone number. Where the Employer has reasonable grounds for concern regarding the employee’s wellbeing, it shall be entitled to suggest that the Employee contact EAP.
The Employer has on staff/engages from time to time -delete one a counsellor to provide support and assistance to its employees. In the event the Employee considers that they require or could benefit from Counselling support they should feel free to contact the Counsellor on insert telephone number. Where the Employer has reasonable grounds for concern regarding the employee’s wellbeing, it shall be entitled to suggest that the Employee contact Counselling Assistance.
The Employer shall be entitled to require the Employee to undergo a medical examination, at the employer’s cost, by a registered medical practitioner nominated by the Employer.
Such requirement should be used where the Employer has reasonable grounds for concern that the employee’s health is affecting their safety at work, or the safety of others in the workplace.
10 Other Employment Obligations
The Employee shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Employee in the course of performing their services under this agreement. This includes, but is not limited to, information about the employer’s business.
All work produced for the Employer by the Employee under this agreement or otherwise and the right to the copyright and all other intellectual property in all such work is to be the sole property of the Employer.
The Employee agrees that there are no contracts, restrictions or other matters which would interfere with their ability to discharge their obligations under this agreement. If, while performing their duties and responsibilities under this agreement, the Employee becomes aware of any potential or actual conflict between their interests and those of the Employer, then the Employee shall immediately inform the Employer. Where the Employer forms the view that such a conflict does or could exist, it may direct the Employee to take action(s) to resolve that conflict, and the Employee shall comply with that instruction. When acting in their capacity as Employee, the Employee shall not, either directly or indirectly, receive or accept for their own benefit or the benefit of any person or entity other than the Employer any gratuity, emolument, or payment of any kind from any person having or intending to have any business with the Employer.
The Employee will have access to email and the internet in the course of their employment. The Employee shall ensure that at all times their use of the email and Internet facilities at work meets the ethical and social standards of the workplace. Whilst a reasonable level of personal use is acceptable to the Employer, this must not interfere with the employee’s employment duties or obligations, and must not be illegal or contrary to the interests of the Employer. The Employee shall also comply with all email and Internet policies issued by the Employer from time to time.
The Employer and the Employee shall comply with the obligations set out in the Privacy Act 1993. The Employee must not breach the privacy of any customer or client in the course of their employment.
The Employee agrees that for a period of insert period following the termination of their employment for whatever reason, they shall not, either personally, or as an employee, consultant or agent for any other entity or employer, carry on business in competition with the Employer within a radius of insert number kilometres from the employer’s premises.
The Employee agrees that for a period of insert period following the termination of their employment for whatever reason, they shall not, either personally, or as an employee, consultant or agent for any other entity or employer, seek to solicit or carry out any work of the same nature for any client or customer of the Employer with which the Employee had any contact or dealings whilst employed by the Employer.
The Employee agrees that for a period of insert period following the termination of their employment for whatever reason, they shall not, either personally, or as an employee, consultant or agent for any other entity or employer, solicit or engage or employ any employee of the Employer with whom the Employee had any dealings whilst employed with the Employer.
In the event any portion of this clause is viewed as unenforceable by any Authority or Court with jurisdiction to consider such clauses, the clause shall apply as modified by the Authority or the Court, or in the event it is not modified by the Authority or Court, the remainder of this clause and agreement shall continue to be enforceable by the parties.
11 Restructuring and Redundancy
Redundancy is a situation where the position of employment of an employee is or will become surplus to the requirements of the employer’s business.
In the event the Employer considers that the employee’s position of employment could be affected by redundancy or could be made redundant, the Employer shall, except in exceptional circumstances, consult with the Employee regarding the possibility of redundancy and, before a decision to proceed with redundancy is made, whether there are any alternatives to dismissal (such as redeployment to another role). In the course of this consultation the Employer shall provide to the Employee sufficient information to enable understanding and meaningful consultation, and shall consider the views of the Employee with an open mind before making a decision as to whether to make the employee’s position of employment redundant. Nothing in this clause limits the legal rights and obligations of the parties.
In the event the employee’s employment is to be terminated by reason of redundancy, the Employee shall be provided with insert period notice in writing. This notice is in substitution for and not in addition to the notice set out in the general termination clause.
In the event the employee’s employment is terminated on the basis of redundancy, the Employee shall be entitled to redundancy compensation in the sum of insert amount.
Where the employee’s position of employment is redundant by reason of the sale or outsourcing or merger or transfer of any part of the employer’s business or operations, the Employee shall not be entitled to redundancy compensation if they are offered similar employment by the purchaser, transferee or merged entity, on terms of employment which are no less favourable than the employee’s terms of employment at the time of the sale or outsourcing.
12 Termination of Employment
The Employer may terminate this agreement for cause, by providing insert period notice in writing to the Employee. Likewise the Employee is required to give insert period notice of resignation. The Employer may, at its discretion, pay remuneration in lieu of some or all of this notice period.
Notwithstanding any other provision in this agreement, the Employer may terminate this agreement summarily and without notice for serious misconduct on the part of the Employee. Serious misconduct includes, but is not limited to:
(i) theft;
(ii) dishonesty;
(iii) harassment of a work colleague or customer;
(iv) serious or repeated failure to follow a reasonable instruction;
(v) deliberate destruction of any property belonging to the Employer;
(vi) actions which seriously damage the employer’s reputation.
In the event the Employer wishes to investigate any alleged misconduct, it may, after discussing the proposal of suspension with the Employee, and considering the employee’s views, suspend the Employee on pay whilst the investigation is carried out.
In the event the Employee has been absent from work for insert period which should represent an extended break from employment because of illness, the Employer shall be entitled to require the Employee to undergo a medical examination by a registered medical practitioner nominated by the Employer, at the employer’s cost. In assessing the employee’s fitness for work, the Employer shall take into account any report provided as a result of that examination, and any other medical report provided by the Employee within a reasonable time-frame. If, in the reasonable opinion of the Employer, the Employee is incapable of the proper performance of their duties by reason of illness, the Employer may terminate this agreement by the provision of at least insert period notice.
In the event the Employee has been absent from work for three consecutive working days without any notification to the Employer, and the Employer has made reasonable efforts to contact the Employee, this agreement shall automatically terminate on the expiry of the third day without the need for notice of termination of employment.
Upon the termination of this agreement for whatever reason, or at any other time if so requested by the Employer, the Employee shall immediately return to the Employer all information, material or property (including but not limited to computer disks, printouts, manuals, reports, letters, memos, plans, diagrams, security cards, keys, and laptop computers) either belonging to or the responsibility of the Employer and all copies of that material, which are in the employee’s possession or under their control.
13 Resolving Employment Relationship Problems
If the employment relationship is to be as successful as possible, it is important that the Employer and Employee deal effectively with any problems that may arise.
This procedure sets out information on how problems can be raised and worked through.
What is an employment relationship problem?
It can be anything that harms or may harm the employment relationship, other than problems relating to setting the terms and conditions of employment.
Clarify the problem
If either the Employer or Employee feels that there may be a problem in the employment relationship, the first step is to check the facts and make sure there really is a problem, and not simply a misunderstanding.
Either party might want to discuss a situation with someone else to clarify whether a problem exists, but in doing so they should take care to respect the privacy of other employees and managers, and to protect confidential information belonging to the Employer. For example, the Employee could seek information from:
- friends and family
- the Employment Relations Info-line on 0800 800 863 or on its website at www.ers.dol.govt.nz
- pamphlets/fact sheets from the Employment Relations Service
- their union (if they are a union member), a lawyer, a community law centre or an employment relations consultant.
Discuss the problem
If either party considers that there is a problem, it should be raised as soon as possible. This can be done in writing or verbally. Provided the Employee feels comfortable doing so, they should ordinarily raise the problem with their direct manager. Otherwise the problem can be raised with another appropriate manager. A meeting will usually then be arranged where the problem can be discussed. The Employee should feel free to bring a support person with them to the meeting if they wish.
The parties will then try to establish the facts of the problem and discuss possible solutions.
The Next Steps
If the parties are not able to resolve the problem by talking to each other, a number of options exist:
- Either party can contact the Employment Relations Infoline, who can provide information and/or refer the parties to mediation.
- Depending on the nature of the problem, the issues involved may also be ones that the Labour Inspectors employed by the Department of Labour can assist with, i.e. minimum statutory entitlements such as holiday, leave or wages provision.
- Either party can take part in mediation provided by the Employment Relations Service (or the parties can agree to get an independent mediator).
- If the parties reach agreement, a mediator provided by the Employment Relations Service can sign the agreed settlement, which will then be binding on the parties.
- The parties can both agree to have the mediator provided by the ERS decide the problem, in which case that decision will be binding;
- If mediation does not resolve the problem, either party can refer the problem to the Employment Relations Authority for investigation.
- The Authority can direct the parties to mediation, or can investigate the problem and issue a determination.
- If one or other of the parties is not happy with the Authority’s determination, they can refer the problem to the Employment Court.
In limited cases, there is a right to appeal a decision of the Employment Court to the Court of Appeal.
Personal Grievances
If the problem is a personal grievance, then the Employee must raise it within 90 days of when the facts that give rise to the grievance occur or come to their attention. A personal grievance can only be raised outside this time frame with the agreement of the Employer or in exceptional circumstances.
14 Acknowledgement of the Agreement
The parties may vary this agreement, provided that no variation shall be effective or binding on either party unless it is in writing and signed by both parties.
The Employee must personally perform the duties and responsibilities under this agreement and no subcontracting or assignment by the Employee is permissible.
Each party acknowledges that this agreement contains the whole and entire agreement between the parties as to the subject matter of this agreement.
The various provisions of this agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction, then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
Where requested by the Employee, the Employer shall deduct from their salary/wages any agreed amount for matters such as superannuation, a staff social club or union fees and pay the amount to the organisation specified by the employee. The Employer shall also be entitled to deduct from any salary payment payable upon termination of employment any overpayment made to the Employee for leave taken in advance.
The Employee acknowledges that:
(i) they have been advised of their right to take independent advice on the terms of this agreement,
(ii) that they have been provided with a reasonable opportunity to take that advice;
(iii) that they have read these terms of employment and understand these terms and their implications; and
(iv) that they agree to be bound by these terms of employment and the employer’s policies and procedures as implemented by the Employer from time to time.
I, insert employer’s name, offer this employment agreement to insert employee’s name.
Signed by:.............................................................. Date:..........................
I, insert employee’s name, declare that I have read and understand the conditions of employment detailed above and accept them fully. I have been advised of the right to seek independent advice in relation to this agreement, and have been allowed reasonable time to do so.
Signed by:.............................................................. Date:..........................