Casual Individual Employment Agreement Template Page 3

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(c)
If the Employee qualifies for sick and bereavement leave, the Employee will only be able to take that
leave where the relevant day would otherwise be a working day for the Employee and will be subject to
the usual obligations under the Holidays Act 2003 (such as to provide proof of sickness or injury on
request).
(d)
Further information on leave entitlements may be requested from the Employer or obtained from the
Ministry of Business Innovation and Employment at or by phoning 0800 20 90 20.
15.
Proof of Sickness or Injury
(a)
If the Employee is unable to attend work due to sickness or injury, the Employee shall let the Employer
know as soon as practicable beforehand. This should be by personally speaking with the person the
Employee reports to, unless the Employee is unable to do so.
(b)
If the Employee is absent due to sickness or injury for a period of less than 3 consecutive calendar
days, the Employer may require the Employee to provide a medical certificate as proof of sickness or
injury, if the Employer requests this promptly and agrees to meet the Employee’s reasonable expenses
in obtaining it.
(c)
If the Employee is absent due to sickness or injury for a period of 3 or more consecutive calendar
days, the Employer may require the Employee to provide a medical certificate as proof of sickness or
injury at the Employee’s cost.
(d)
The Employer may withhold payment for any paid sick leave entitlement until satisfactory proof is
provided.
16.
Health and Safety:
(a)
The Employer will take all practicable steps to provide a safe and healthy working environment for the
Employee. The Employee must use his or her best endeavours to ensure that no action or inaction on
their part causes harm to themselves or any other person. The Employee must comply with any health
and safety procedures specified by the Employer and must notify the Employer if the Employee
becomes aware of any unsafe practice or situation in the workplace.
(b)
The Employee will be required to work outdoors, carry out physical work and work in close proximity to
machinery as part of his/her duties. The Employee confirms that, other than as disclosed in writing
before signing this agreement, the Employee has no mental or physical illness/disability/injury that
would mean that:
(i)
in carrying out his/her duties in the role there may be a risk of harm to him/herself or others
(including that the duties might aggravate the illness/ disability/injury); or
(ii)
to carry out the duties satisfactorily he/she might require special support or facilities.
(c)
The Employee shall report all accidents and/or injuries to the Employer within 24 hours of any accident
or injury occurring. Failure to do so may be deemed serious misconduct and may result in summary
dismissal.
(d)
The Employee shall notify the Employer within one working day of filing any work related claim with the
Accident Compensation Corporation.
(e)
The Employee must not bring any illegal or prescription drugs or any alcohol into the workplace and
must not consume or be under the influence of any drugs or alcohol while on duty at work or during
work hours, unless they are drugs lawfully prescribed to the Employee by a registered medical
practitioner and the Employee has been advised by such practitioner that it is safe for the Employee to
take the drugs and perform his or her work duties.
(f)
Smoking is not permitted in the workplace, including (but not limited to) any common internal area, any
work vehicle and any outdoor area where others are working or taking a break.
(g)
Compliance with this clause and with the Employer’s health and safety policies and procedures is a
key responsibility of every employee. Failure to do so may be deemed serious misconduct and may
result in summary dismissal.
17.
Damage / misuse of Employer’s property or equipment
(a)
The Employee acknowledges that they have a duty to exercise reasonable care when working and
must seek to protect the Employer’s property, equipment and business to avoid any harm or damage.
(b)
If the Employer becomes aware of any damage or misuse of its property or equipment, it may elect to
conduct a full and fair investigation in accordance with this agreement to establish the cause of any
damage or misuse.
(c)
If the Employee is found to have caused any damage or misused the Employer’s property or
equipment either negligently or on purpose, the Employer may seek to recover damages from the
Employee. This may include the cost of fixing or replacing the property or equipment and/or any lost
income as a result of the property or equipment being out of service.
A non-exhaustive list of
examples of conduct under this clause are the employee acting contrary:
(i)
to health and safety polices/obligations; or
(ii)
drug and alcohol provisions of this agreement or any policy that the Employer introduces; or
(iii)
training manuals.
18.
Sexual Harassment/Discrimination
Sexual or other forms of harassment, and any form of discrimination, in relation to co-workers or any other
persons will not be tolerated in the workplace.
19.
Policies/house rules: The Employee shall comply with any house rules or policies introduced by the Employer
from time to time. Failure to comply with these may result in disciplinary action including summary dismissal.
KSH-339240-19-14-V1:lh

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