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Agreement
Casual Employment Agreement
PARTIES
W AND R WILSON DISTRIBUTORS LIMITED T/A MAGNET RECRUITMENT (Employer)
{2} (Employee)
BACKGROUND
DATE 2014
A. The Employer operates as a recruitment agency in Canterbury (Business) which places casual employees on assignment with its clients (Clients) on a casual basis.
B. The Employer wishes to employ the Employee on a casual basis to work for the Business. The Employee wishes to be employed in this capacity by the Employer.
C. This Agreement is made pursuant to the Employment Relations Act 2000 (Act) and any subsequent amendments to that legislation.
AGREEMENT
1. Terms of Agreement
1.1 For the protection of both parties, the Employee’s terms and conditions of employment are set out in this agreement (Agreement) and any terms of assignment which shall wherever reasonably practicable be notified to the Employee in advance (Terms of Assignment).
1.2 For the purposes of this Agreement, every period of casual employment for which the Employer employs the Employee (Assignment) will be treated as a separate and distinct period of employment with the Employer.
1.3 The parties expressly agree that the Employee is employed as a casual employee. The Employee will be required to work only as and when required by the Employer, and will be paid accordingly. Nothing in this Agreement, or any of the actions of the parties, shall be taken as establishing that the employment relationship of the Employee with the Employer is anything other than as a casual employee.
1.4 If the Employee is to be employed on any other employment relationship other than as a casual employee with the Employer, then this will only be undertaken by way of written confirmation from the Employer and written acceptance by the Employee of the new employment relationship.
2. Assignments
2.1 Terms of Assignment will be provided to the Employee prior to the start date of an Assignment wherever reasonably practicable.
2.2 The Employee has the right to refuse or accept any Assignment offered by the Employer.
2.3 The Employer will use its best endeavours to determine the length of the Assignment prior to its commencement. However, the parties recognise the needs of the Client may change without notice and consequently the nature of the Assignment and the associated employment relationship may change.
2.4 During an Assignment the Employee will:
2.4.1 report to work at the Client’s premises at the hours stipulated by the Employer;
2.4.2 work to the best of his/her ability;
2.4.3 complete the entire Assignment.
3. Employee’s Personal Conduct and Obligations
3.1 The Employee shall perform the duties set out and advised to the Employee in the Terms of Assignment.
3.2 The Employee’s duties may be modified and updated by the Employer from time to time following agreement with the Employee.
3.3 The Employee agrees to perform all other duties reasonably within the Employee’s skills and capabilities and comply with reasonable instructions issued by the Employer or the Client.
3.4 The Employee shall comply with any policies, procedures or rule notified to them by the Client.
3.5 The Employee will contact the Employer immediately if he/she experiences difficulties during an Assignment.
3.6 The Employee will immediately contact the Employer if the Client requests the Employee to work in a place or on tasks/duties not agreed by the Employer or set out in the Terms of Assignment.
3.7 If the Employee feels his/her safety is at risk at any time during an Assignment, he/she will advise the Employer immediately.
3.8 The Employee must maintain a reasonable standard of dress and grooming. The standard of dress and grooming must be in keeping with the requirements of the Employer, Client and Assignment and specifically to comply with health and safety requirements.
4. Hours of Work
4.1 The Employee shall work the hours set out and advised to the Employee in the Terms of Assignment.
4.2 The Employee’s hours may be varied by agreement between the parties from time to time.
4.3 If the Client requires the Employee to work additional hours, the Employee will immediately advise the Employer.
4.4 Punctuality is important. If the Employee is unable to attend work on any particular day or the Employee will be late for work, the Employee shall personally advise the Employer as soon as possible before the first date of absence.
4.5 The Employer does not guarantee any hours of work for the Employee whatsoever. Where the Employee is required to work on a regular basis, this shall not be deemed either expressly or impliedly as constituting hours that the Employee will legitimately expect to receive on an ongoing basis.
5. Location of Work
5.1 The Employee shall be based at the location specified and advised to the Employee in the Terms of Assignment.
5.2 The Employee may be required to work at other locations from time to time as reasonably directed by the Employer.
6. Remuneration and Reimbursement
6.1 Remuneration:
6.1.1 The Employee will receive the remuneration advised to the Employee in the Terms of Assignment.
6.1.2 Remuneration shall be based solely on the hours the Employee works on the Assignment.
6.1.3 Remuneration will not be paid unless the Employee presents the Employer with a complete time sheet duly authorised by both the Client and the Employee.
6.1.4 The Employee will be paid on a weekly basis into his/her nominated bank.
7. Meal and Rest Breaks
7.1 The Employee will be entitled to the following paid rest breaks and unpaid meal breaks:
7.1.1 One paid 10 minute rest break if their work period is between two and four hours;
7.1.2 One paid 10 minute rest break and one unpaid 30 minute meal break if their work period is between four and six hours;
7.1.3 Two paid 10 minute rest breaks and one unpaid 30 minute meal break if their work period is between six and eight hours.
7.2 If more than an eight hour period is worked, these requirements automatically extend to cover the additional hours on the same basis.
8. Annual Holidays
The Employee’s annual leave entitlement will be calculated at 8% of the Employee’s gross hourly rate and will be paid as a separate part of the Employee’s remuneration.
9. Statutory/Public Holidays
The Employee is not required to usually work on any specific or set day of the week. Accordingly, where the Employee is required to work on a statutory/public holiday, because the Employee would not usually work on that day, the Employee will only receive payment at time and a half for work undertaken on that day, and is not entitled to receive extra payment or an alternative holiday.
10. Sick Leave and Bereavement Leave
10.1 The Employee will be entitled to sick leave and bereavement leave only if the Employee has:
10.1.1 over a period of six months worked for the Employer for an average of 10 hours a week during that period; and
10.1.2 no less that one hour in every week during that period; or
10.1.3 no less that 40 hours in every month during that period.
10.2 For the sake of clarity, each period of casual employment pursuant to this Agreement will be deemed to be a separate and distinct period of employment of the Employee.
11. Holidays Act 2003
The Employee will otherwise be entitled to holiday and leave entitlements as a casual employee pursuant to the Holidays Act 2003 and any subsequent amendments to that legislation.
12. Employee/Employer Obligations in Relation to Leave
The Employer and Employee shall deal with each other in good faith in relation to leave. The Employee acknowledges that the Employer has informed him/her about the Employee’s entitlements under the Holidays Act 2003 and any subsequent amendment to that legislation and that further information about entitlements can be obtained from the Employee’s Union (if the Employee is a member) and the Department of Labour.
13. Parental Leave/Jury Leave
The Employee will not be entitled to paid parental or jury service leave. If the Employee is required to take unpaid parental leave or jury service leave, then this will not otherwise detrimentally affect the Employee’s casual employment relationship with the Employer, within reason.
14. Drug and Alcohol Testing
The Employee understands that they may be required to undergo drug and/or alcohol testing by a Client pursuant to any policies or procedures that the Client may have in place and that a refusal to undergo such testing, or returning a positive result, may result in the early termination of the Assignment by the Client.
15. KiwiSaver
Pursuant to the KiwiSaver Act 2006, if the Employee’s Assignment is for more than 28 days, the Employee will be automatically enrolled into KiwiSaver upon the commencement of employment. It is the Employee’s choice whether or not to remain in KiwiSaver. Details as to the Employee’s entitlements are contained in a KiwiSaver Employee Information Pack, which will be provided upon commencement of employment.
16. Insurance
16.1 In the event the Client requests the Employee to use one of the Employer’s vehicles, handle cheques, cash, valuables, documentation or equipment, whether on or off the Client’s premises, the Employee will obtain confirmation from the Employer that the appropriate insurance arrangements have been made by the Client which cover the Employee and the Employer against liability to any third party. If the Employee fails to advise the Employer, the Employee may be personally responsible for any damage, fine or loss incurred or suffered.
16.2 If the Employee incurs any parking, towing or traffic fees or fines in any vehicle, he/she will be personally liable for such fines or fees.
16.3 The Employee is solely responsible for the safety and security of his/her own personal belongings and property during an Assignment and whilst travelling to and from an Assignment.
17. Client/Employer Property
17.1 If, during any Assignment, the Employee is provided with a uniform or equipment or entrusted with any cash or cheques or other valuables, he/she will return the uniform or equipment undamaged and account for any cash or cheques or other valuables upon demand by the Client or upon completion of the Assignment.
17.2 If the Employee is required to use protective equipment or clothing during an Assignment, he/she will notify the Employer if he/she wishes provide his/her own equipment. If the Employee chooses to provide his/her own equipment, it should be specified in the Assignment.
17.3 The Employer or the Client will provide the Employee with protective equipment or clothing in the event the Employee cannot provide his/her own.
17.4 In the event the Employer or the Client provides equipment or clothing to the Employee, he/she may be required to pay a bond, which must be fully repaid at the earlier of either:
17.4.1 the time the equipment or clothing is returned; or
17.4.2 the end of the Assignment.
17.5 The Employee will be liable for any of his/her wilful or negligent acts or omissions causing damage or loss to the Employer or the Client during the Assignment.
17.6 Upon the termination of employment, for whatever reason, the Employee will immediately deliver to the Employer all property including but not limited to: equipment, uniform, documents, letters, papers, keys and other material of every description (including all copies of or extracts from the same) within the Employee’s possession or control, relating to the affairs and business of or belonging to the Employer and/or Client.
18. Use of the Employee’s Vehicle
18.1 The Employee must receive the Employer’s express authority if he/she is to use his/her own vehicle in the interests of the Client.
18.2 If the Employee uses his/her own vehicle without the Employer’s express authority, the Employee will be liable for any damage, loss or fines arising out of or in connection with the use of such vehicle.
18.3 If the Employer authorises the Employee to use his/her own vehicle for travel in the interests of the Assignment, the Employer will reimburse the Employee at the rate set out in the IRD Reimbursement Rates.
18.4 Before the Employee uses any vehicle in the interests of the Client, he/she must hold the appropriate class of license for that vehicle and he/she must have cleared such use with the Employer for insurance purposes pursuant to the insurance Clause.
19. Personal Business
19.1 During an Assignment, the Employee will not undertake any other business of any nature, either personal or business (i.e. personal telephone calls) without the Employer or Client’s prior approval.
19.2 The Employee may only use the Client’s e-technology, plant, equipment and other resources in the course of performing his/her work while on Assignment and not for any personal reasons.
19.3 The Employee must immediately advise the Employer of any other employment or work he/she is engaged to do for any other person during the term of the Assignment.
20. Termination
20.1 If the Employe is no longer able to offer (for whatever reason) the Employee’s casual services to the Employer, then the Employee will advise the Employer immediately and this Agreement will terminate.
20.2 For the avoidance of doubt, if the Employer no longer requires the services of the Employee (for whatever reason) as a casual employee, the Employee is not entitled to any notice or compensation for the failure of the Employer to offer further ongoing casual employment to the Employee.
20.3 If the Employer sells its business, or a part of its business, and the Employee is employed by the purchaser of the Employer’s business on the same employment terms and conditions as exist at the date of sale, the Employee will not be entitled to notice of termination of employment by the Employer nor to payment in lieu nor to any redundancy compensation.
20.4 On termination of the Employee’s employment from the Employer, for whatever reason, the Employee shall:
20.4.1 pay any accounts owing to the Employer or authorised by the Employee, to be deducted from the Employee’s final pay;
20.4.2 immediately deliver up all records and property belonging to the Employer or Client;
20.4.3 not retain in the Employee’s possession or control any copies of records or property of the Employer or Client.
20.5 Restructuring:
20.5.1 The purpose of this provision is to provide protection to affected employees in circumstances where the Employer’s Business is restructured and the whole or part of it is sold, transferred or contracted out to an acquiring employer.
20.5.2 The Employer will follow a good faith process when negotiating with any acquiring employer about restructuring of the Business to the extent that it relates to affected employees. This process may include:
(a) discussions with the acquiring employer as to employment opportunities;
(b) where appropriate, and subject to commercial sensitivity and all matters of confidentiality, provision of relevant information to the acquiring employer; and
(c) where appropriate, and subject to commercial sensitivity and all matters of confidentiality, discuss the proposal with the Employee and the Employee’s representative.
20.5.3 The matters relating to the affected employees’ employment, that the Employer will negotiate with the acquiring employer, may include the following elements of the position:
(a) status;
(b) remuneration;
(c) responsibility;
(d) terms/conditions;
(e) continuity of employment; and
(f) duties.
20.5.4 The Employer shall use its best endeavours to see that the Employee is transferred, where practicable, on the same or no less favourable employment terms and conditions as exist at the date of transfer from the Employer to the acquiring employer.
21. Confidentiality
21.1 Confidential information means all confidential information, which is not in the public domain and which is reasonably regarded by the Employer or the Client as confidential including, but not limited to:
21.1.1 confidential business and technical information;
21.1.2 business methods and management systems;
21.1.3 detailed information and records relating to clients, employees and parties with whom the Employer deals commercially;
21.1.4 strategic information relating to marketing, advertising or any other aspect of business.
21.2 The Employee agrees that he or she will hold all confidential information in confidence during the term of an Assignment or following its termination for so long as the information continues to be confidential information.
22. Conflict of Interest
22.1 The Employee will immediately notify the Employer before accepting any offer of employment from the Client or other Employer if the offer is a consequence of an Assignment or interview arranged by the Employer. This obligation will continue for a period of 6 months from the expiry date of the relative Assignment.
23. Intellectual Property
23.1 Any trade mark, goodwill, patent, design or copyright work, procedure, process, formula, method of production, invention or other discovery created by the Employee during the Employee’s employment must immediately be disclosed to the Employer and shall be the absolute property of the Employer.
23.2 The Employee will automatically transfer all of the Employee’s rights in the Intellectual Property on creation to the Employer and/or the Client without the need for any further documentation.
23.3 All work produced by the Employee in the performance of the Employee’s duties under this Agreement, shall be the sole and exclusive property of the Employer and the Employer shall be entitled to any copyright or merchandising rights in or arising from such work.
23.4 The Employee shall not remove any such work or copies thereof, from the workplace of the Employer, except for normal trading purposes, or with the express written consent of the Employer.
24. Health and Safety
24.1 The Employer will take all reasonably practicable steps to ensure the Employee’s health and safety while in its employment. A copy of the Employer’s health and safety policy is available from the Employer. The Employee agrees to read, understand, implement and comply with such health and safety rules and policies and any health and safety rules and policies of a Client.
24.2 If the Employee is in any way involved in an accident while engaged in work for the Employer, the Employee agrees to advise the Employer of the details of any such accident without delay. The Employer will log any incident or injury that has occurred in the accident register.
24.3 The Employee is required to provide for the Employee’s own minimum safety, the safety of other employees and visitors to the workplace. The Employer will comply with its obligations under its health and safety policy.
24.4 Both the Employer and the Employee will agree to comply with the relevant provisions of the Health and Safety in Employment Act 1992, Health and Safety in Employment Regulations 1995 and any subsequent regulations and amendments to this legislation, and all relevant codes of practice.
25. Legislative Requirements
25.1 The Employer and the Employee will comply with all legislative requirements, including but not limited to the following clauses.
25.2 Privacy: The Employer and the Employee will comply with the provisions of the Privacy Act 1993 and any subsequent amendments to that legislation. The Employer will not release personal information about the Employee unless the Employee provides the Employee’s written consent.
25.3 Wage Protection: The parties will comply with the provisions of the Wage Protection Act 1983 and any subsequent amendments to that legislation. For the purposes of this Agreement and the Employee’s employment, the Employee expressly gives the Employee’s written consent to the Employer deducting any money legally due and owing by the Employee to the Employer from the Employee’s remuneration, including monies (wages, holiday pay, alternative holiday pay and the like) received upon termination of employment.
25.4 ACC:
25.4.1 The Employee and the Employer agree to comply with the relevant provisions of the Accident Compensation Act 2001 and any Regulations and subsequent amendments to this legislation.
25.4.2 The Employee further agrees to provide any relevant personal information to the Employer and to the Employer’s accident insurance provider and/or ACC to assist the Employer to comply with its statutory obligations under this legislation and its contractual obligations with its insurer and/or ACC.
26. General
26.1 Employment Relations Act 2000:
26.1.1 Where the Employer is advised of the existence of an employment relationship problem (Problem) by the Employee, the Employer will discuss and attempt to resolve the Problem directly with the Employee, in the first instance.
26.1.2 If the Problem cannot be resolved between the parties directly, the Employee or Employer may refer the problem to the Ministry of Business Innovation and Employment for mediation. Where the problem cannot be resolved through mediation, the Employment Relations Authority may be asked to determine the problem.
26.1.3 If the Employee believes that he or she has a personal grievance, the Employee must raise a grievance with the Employer within 90 days beginning with the date of the alleged action giving rise to the grievance, or coming to the notice of the Employee, whichever is the later.
26.1.4 The Employer and the Employee agree to act in good faith as that term is defined at common law, the interim code of good faith, the final code of good faith, as determined by the Act, and any subsequent amendments to that legislation and the codes of good faith.
26.2 Force Majeure: The Employee accepts and agrees that he or she will not receive payment or other form of compensation for any time off work (whether temporary or permanent) as a result of a force majeure, act of God, act of nature, fire, explosion, weather, earthquakes/aftershocks, industrial dispute, act of Government such as a change in legislation, regulation, or order made under legislative authority, or any other cause beyond the Employer’s control.
26.3 Previous Agreements/Contracts: This Agreement supersedes and cancels all previous agreements/contracts of employment between the Employer and the Employee, whether in written or oral form.
26.4 Variation/Waiver: No variation or waiver of this Agreement and any one or more of the terms of this Agreement shall be effective or binding on either the Employer or the Employee, unless it is in writing and signed by both parties.
26.5 Complete Agreement: This Agreement together with any Terms of Assignment issued by the Employer from time to time form the complete agreement between the Employer and the Employee.
27. Declaration
27.1 The Employer and the Employee declare that they have read and understand the terms of this Agreement and accept them fully.
27.2 The Employee acknowledges that the Employer has provided to the Employee the option of and opportunity for, obtaining separate independent advice in respect of the terms and conditions of this Agreement before being required to sign.
EXECUTED as an Agreement
Signed by
Walter Wilson
for and on behalf
of W AND R WILSON DISTRIBUTORS LIMITED
T/A MAGNET RECRUITMENT
Director/Authorised Signatory
Please carefully read through the Casual Employment Agreement provided as this will constitute your individual terms and conditions of employment. You have the right to obtain independent legal advice on the contents of the Casual Employment Agreement before you agree to its terms.

If you have any issues with the contents of the Casual Employment Agreement, you should raise these with Magnet Recruitment.

By ticking the box below you signify your acceptance of the terms and conditions of employment as specified in the Casual Employment Agreement and this will constitute your signature.

I, accept the terms and conditions as outlined in the casual employment agreement above.


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