Casual Individual Employment Agreement Template (Page 2 of 5) in pdf

Job description: The Employee is employed as a ____________________. The Employee shall be required to

_______________________________________________________(insert duties) as well as any other duties

reasonably required by the Employer. Other duties may be agreed between the Employer and Employee at the

time work is offered.

Essential requirements for the role:

(a)

The following are essential qualifications/requirements for the position:

(i)

Legally entitled to work in New Zealand; and

(ii)

_______________________________.

(b)

By signing this agreement, the Employee confirms he/she has these qualifications/meets these

requirements. The Employee agrees to provide proof of the above on request. The Employee will

inform

the

Employer

immediately

any

change

potential

risk

the

above

qualifications/requirements. If the Employee does not meet these essential requirements or ceases to

do so during his/her employment, the Employer may terminate employment.

10.

Supervisor: The Employee shall be required to report to ___________________. The Employer may change

the supervisor from time to time.

11.

Public Holidays

(a)

The Employee shall be entitled to public holidays in accordance with the Holidays Act 2003.

(b)

If a public holiday falls on a day that would otherwise be a working day for the Employee and the

Employee does not work that day, the Employee shall be entitled to be paid their relevant daily pay for

that day (or their average daily pay, if applicable). If a public holiday falls on a day that would not

otherwise be a working day for the Employee and the Employee does not work that day, the Employee

is not entitled to be paid.

(c)

The Employee agrees to work public holidays that fall on a day that would otherwise be a working day

for the Employee, if required by the Employer. If the Employee is required to work on a public holiday,

the Employee will be paid at the rate of time and one half of the Employee’s relevant daily pay (or

average daily pay, if applicable) in relation to the time actually worked.

(d)

The Employee shall be entitled to an alternative paid holiday to be taken on a day as agreed between

the Employer and the Employee where a public holiday falls on a day that would otherwise be a

working day for the Employee and the Employee is required to work on that public holiday.

(e)

The Employer shall in its discretion be entitled to pay the Employee’s “average daily pay” under the

Holidays Act 2003 in any case where relevant daily pay is usually paid and/or is referred to in the

above sub-clauses, if:

(i)

the Employee’s daily pay varies within the pay period in which the holiday falls; or

(ii)

it is not possible or practicable to determine the Employee’s relevant daily pay.

12.

Determination of what would otherwise be a working day

(a)

For the purposes of public holiday, bereavement and sick leave entitlements, where it is unclear the

Employer will endeavour to agree with the Employee whether a day would otherwise have been a

working day for the Employee, taking into account this agreement (including but not limited to clauses

3(b) and e) and other relevant factors including:

(i)

the Employee's work patterns;

(ii)

the fact the Employee works for the Employer only when work is available;

(iii)

the reasonable expectations of the Employer and the Employee that the Employee would

work on the day concerned; and

(iv)

whether, but for the day being a public holiday or a day the Employee took sick or

bereavement leave, the Employee would have worked on the day concerned.

(b)

If the Employer and Employee can’t agree on whether a day would otherwise have been a working

day, either party may seek a determination from a Labour Inspector.

13.

Annual Holidays: Because the Employee works on a basis that is so intermittent or irregular that it is

impracticable for the Employer to provide annual holidays, the Employee agrees that:

(a)

The Employee shall be paid annual holiday pay at a rate of 8 percent of the Employee’s gross earnings

(less PAYE) with and on top of the Employee’s regular pay; and

(b)

The Employer shall provide for such payment to be an identifiable component of the Employee’s

regular pay.

14.

Qualification for bereavement and sick leave:

(a)

As employment is not continuous, the Employee shall not qualify for bereavement or sick leave unless

the Employee has worked for the Employer over the previous 6 months for:

(i)

An average of 10 hours a week; and

(ii)

No less than 1 hour in every week or no less than 40 hours in every month.

(b)

If the Employee qualifies for sick and bereavement leave:

(i)

the Employee is entitled to 5 days paid sick leave over the following year in accordance with

the Holidays Act 2003. After each further year, the Employee may qualify for a further 5 days

sick leave, if the Employee continues to meet the above minimum hours requirements.

Untaken sick leave may be carried over each year up to a maximum of 20 days entitlement.

(ii)

The Employee is entitled to 3 days bereavement leave on the death of a close family member

as defined in the Holidays Act 2003 and 1 day’s bereavement leave on the death of another

person if the Employee has, in the Employer’s opinion taking into account relevant factors

under the Holidays Act 2003, suffered a bereavement.

KSH-339240-19-14-V1:lh

Casual Individual Employment Agreement Template Page 2

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