Casual Individual Employment Agreement Template (Page 4 of 5) in pdf

20.

Confidentiality: The Employee shall treat as confidential, and must not disclose, any confidential information

(eg information of a confidential nature relating to the Employer, its business or customers of the business) that

the Employee becomes aware of in the course of employment.

21.

Employee Protection Provision

(a)

In the event of a restructuring, as defined in Part 6A, subpart 3 of the Employment Relations Act 2000

(being the sale, transfer, or contracting out of all or part of our business), where the Employee is an

“affected employee”, the Employer will:

(i)

As soon as is reasonably practicable, taking into account the commercial requirements of the

business, negotiate with the potential new employer the impact of the restructuring on the

affected employees’ positions.

(ii)

Negotiate with the potential new employer regarding:

(1)

Whether or not the new employer proposes to offer affected employees the

opportunity to transfer on the same terms and conditions;

(2)

If some or all affected employees will not transfer on the same terms and conditions,

whether there will be any other potential opportunities for employment for them with

the new employer; and

(3)

The proposed date for commencement of employment with the potential new

employer (if applicable).

(b)

The Employee agrees to the Employer disclosing to the new employer on a confidential basis, as part

of those negotiations, relevant information such as details of the Employee’s terms and conditions of

employment, job description, skill-set, experience and qualifications.

(c)

If the Employee is not employed by the potential new employer, for whatever reason then:

(i)

the Employer will consult with the Employee and consider whether there are any opportunities

for redeployment within the Employer’s business, if any part of it is being retained by the

Employer; and

(ii)

the Employer will provide any entitlements specified in the redundancy provision of this

agreement and will consult with the Employee about any further entitlements that may be

made available.

(d)

Where the Employee’s position is terminated in a restructuring and the potential new employer offers

employment to the Employee on terms which are the same or substantially similar, there shall be no

entitlement to redundancy compensation.

22.

Redundancy: As employment is on a casual basis, no continuing work is guaranteed and there is no

entitlement to redundancy compensation.

23.

Deductions:

(a)

The Employee agrees the Employer may deduct from any wages (including any holiday pay) due to

the Employee any moneys owed to the Employer.

(b)

Agreed deductions shall include, but not be limited to, loss incurred by the Employer due to damage to

its property by the Employee, any loans made to the Employee, any amounts owing for personal

expenses incurred by the Employee (for example, rent or personal amounts on the Employer’s

accounts or credit card) and the replacement cost of any of the Employer’s property taken or not

returned by the Employee before finishing work.

(c)

By signing this agreement, the Employee consents to the above deductions under the Wages

Protection Act 1983.

24.

Company property: Except where the prior consent of the Employer has been obtained the Employee shall not:

(a)

Use any of the Employer’s property for personal use or any use other than in the performance of the

Employee’s duties under this agreement; and

(b)

Shall not remove any of the Employer’s property from the Employer’s premises.

25.

Resolution of employment problems/personal grievances:

(a)

If any employment issues arise, those should be raised with the Employer as soon as possible so that

they can be resolved. If the matter is not resolved either party can seek assistance from the Ministry of

Business Innovation and Employment's mediation service. If the issues are not resolved at mediation,

they may be referred to the Employment Relations Authority.

(b)

If the issue is a personal grievance, the Employee must raise that grievance within 90 days of the

event giving rise to the grievance, or after further time if allowed by the Employer or where the

Employment Relations Authority grants an extension of time.

26.

Privacy Act 1993

(a)

The Employee has provided personal information to the Employer during the application process and

will continue to do so during employment. The Employer collects personal information about the

Employee as is lawful and necessary for the purposes of managing and monitoring employment and

stores it at its premises (in hard copy and electronic form). The Employee authorises the Employer to

collect/store/use/disclose personal information about him/her as necessary and lawful for the purposes

of employment, the Employer’s business and record keeping.

(b)

Under the Privacy Act 1993 (“the Act”), you are entitled to request access to and correction of your

personal information held by the Firm. Further information about your rights under the Act is available

from the Privacy Commissioner or at

27.

Entire agreement: Unless otherwise provided, this agreement sets out the full terms and conditions of the

employment relationship between the parties and replaces any previous agreements or understandings. The

KSH-339240-19-14-V1:lh

Casual Individual Employment Agreement Template Page 4

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