Employment Agreements Crucial
There are a variety of different types of employment agreements that can apply to employment relationships, including:
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An employer who employs seasonal workers must provide those workers with a fixed term agreement that complies in every respect with the Employment Relations Act 2000, section 66. An employer who has engaged a seasonal employee but has failed to provide for a fixed term and then dismisses the employee at the end of the season without going through a fair and reasonable process will be found liable for unjustifiably dismissing the employee.
New employment standards legislation was introduced last year to give greater protection to employees on “zero-hour” contracts, with no guarenteed hours of work. However, the changes have wider-reaching implications and in one way or another have an impact on almost all employment agreements, particularly regarding:
There is no provision in the employees’ employment agreements that covers this exact event but there is a provision in our sick leave policies requiring the employee to contact the employer if the employee is unable to work. Do I have to pay the employees who did not come to work?
Employment agreements may include a term (called an abandonment clause) to the effect that an employee who fails to attend work for a consecutive number of days (usually a minimum of three days), without consent or without notifying the employer shall be deemed to have abandoned his or her employment. In such a situation, the employee is treated as if he or she had terminated the employment and there is no dismissal.