TEMPLATE NZ

Contract

Employment (Recruitment Staff)

About this Template

This template has been designed by Business Solutions Contact (BSC) with the assistance
of Andrew Wood, who has revised an earlier template prepared for RCSA. Andrew is an
Australian Barrister who specialises in employment law within the recruitment and on-hire
sectors.
This template is prepared with reference to New Zealand only and has been developed as a
guide in drafting an employment contract for the employment of employees who are to be
employed in-house within a recruitment firm to perform operational functions such as that
of recruitment consultant, branch manager and administrator.
This template is not to be used for on-hired employees or temporary employees. The BSC
has other templates for this form of engagement.
It is very important that you understand that this document is a template only and it is the
responsibility of the user to ensure that the contract ultimately used meets specific legal
and organisational needs. You should never simply use a template without making sure
that you understand what is in it and why. It is often unwise to delete something unless
you know how it relates to other provisions and legal obligations. If there is something that
you do not understand you should ask someone who has professional knowledge to explain
it.
This contract is not an RCSA or BSC standard. It simply provides guidance for drafting your
own contract of employment. You may wish to add additional information or remove some
clauses however, we recommend you obtain professional assistance when making any
amendments because drafting contracts is a complex task that requires consideration not
only of general legal principles, but also of specific circumstances surrounding the
agreement reached with employees. Professional advice should therefore be sought when
drafting your contract regardless of whether you use this template as a guide or not. Such
assistance can be obtained through the BSC at bsc@rcsa.com.au
If using provisions from this template you should insert specific information
where prompted in red font prior to use. Where you are asked to insert company
name in the Parties section of this agreement please use the name of the
employing entity.
General information on employment and employment law can be obtained from
www.dol.govt.nz
This template should be reviewed regularly to ensure it remains compliant with legislation
and case law. The content of this template is regularly revised and updated by the author,
Stratecom Pty Ltd. To ensure that templates are developed from the current version of this
template, you will be notified via MarketR when contracts updates are uploaded.
Disclaimer and Copyright
This document is a template only and does not purport to cover all the obligations of a company in
relation to employment law. Persons using this template should delete, amend and add relevant
information to meet the company specific obligations, requirements and practices with care. This
template is provided as a guide only, without Remaginet or RCSA assuming responsibility at law or a
duty of care. Companies are encouraged to obtain advice from an appropriate source upon
completion of a final draft of the contract.
Copyright RCSA
Companies paying the required fee or entitled to use this document as an RCSA Membership
entitlement are free to amend and/or reproduce all or part of this document in the context of
developing work-based documentation specific to the purchasing, or entitled RCSA Member,

[insert company name] NZ Employment Contract (Recruitment Staff)

Company. In all other circumstances, no part of this document may be amended, reproduced, passed
on or transmitted in any form or by any means, electronic or mechanical, including photocopying,
recording or by any information storage or retrieval system, without the prior written permission of
the Recruitment and Consulting Services Association Ltd.

[insert employer name] Individual Employment Contract (Recruitment Staff)

Issue Date: [date issued]

Version:

Issuer: [name of co. representative]

Individual Employment Agreement

Between
Employer named in item 1 of the Schedule
And
Employee named in item 2 of the Schedule
1

BASIS & TERM OF EMPLOYMENT

1.1

This Agreement is an individual employment agreement entered into under

section 65 of the Employment Relations Act 2000. The provisions of this
Agreement may be varied or updated by agreement between the parties at any
time in the manner herein provided.

1.2

The terms and conditions of this Agreement will come into force on the
Commencement Date set out at item 3.1 of the Schedule and will continue in
force until the Expiry Date set out at item 3.2 of the Schedule, unless sooner
terminated in accordance with this Agreement.

1.2

The Employer agrees to employ the Employee and the Employee agrees to
be employed on the basis and for the term set out at item 3 of the Schedule and
in accordance with this Agreement (the employment).

1.3

The Parties may agree to change the basis and term of the employment at
any time in writing by substituting a new Schedule signed by each of them.

1.4

The employment relationship established by this Agreement is founded on

good faith, which is based on mutual trust, confidence and co-operation.

1.5

If the Employee is employed on a casual basis:

a)

The Employee is employed only for the duration of each daily (or other
short periodic) engagement entered into during the term of this Agreement;

b)

The employment will terminate at the end of each daily (or other short
periodic) engagement entered into during the term of this Agreement;

[insert company name] NZ Employment Contract (Recruitment Staff)

c)

The Employee has the right to refuse or accept any daily (or other short
periodic) engagement offered by the Employer;

d)

A daily (or other short periodic) engagement is accepted by the

Employee either by:

(1)

Signing and returning a copy of the Schedule relating to the

employment constituted by that engagement;

(2)

Informing the Employer that the Employee accepts the offer of

employment constituted by that engagement; or

(3)

Commencing work as described in the Schedule relating to the

employment constituted by that engagement;

e)

Each offer of a daily (or other short periodic) engagement accepted by

the Employee will constitute a separate employment;

f)

Once an employment is completed or terminated no employment

relationship continues of in respect of it or because of it;

g)

Upon the termination of employment, for any reason whatsoever, the

Employer will not be under any obligation to offer the Employee alternative
or additional employment;
Clauses 2, 3, 6, 7.2, 12, 27, 30, and 31 will not apply;

h)

1.6

i)

The remaining clauses of this Agreement will apply subject to and in

conformity with the rights and entitlements of casual employees with no
entitlement to, or reasonable expectation of, continuity of or ongoing
employment1;

j)

The Employer will review the employment as necessary to determine

whether any pattern of work is about to emerge that is inconsistent with
the continued description of it as casual employment.

k)

If the Employer reasonably determines that such a pattern is about to

emerge:

(1)

The Employer may tender to the Employee, by way of offer to

vary this Agreement, a fresh Schedule setting out the amended
basis and term of employment at item 3 and such other
schedulized information including fresh information relevant to
Remuneration as the Employer may require;

(2)

The Employer may stipulate a reasonable time within which the

offer is to be accepted or rejected;

(3)

If the Employee does not accept the offer (or the Employer any
counter offer) within the time stipulated by the Employer this
Agreement will terminate.

If the Employee is engaged and paid on a casual basis and, the

Employees employment on a casual basis is subsequently deemed or found to
be other than on a casual basis:

NOTE: This will have a substantial impact upon the employment protection provisions of clauses 25 and 26 given
that a casual employee would ordinarily have no expectation of continuing employment.

[insert company name] NZ Employment Contract (Recruitment Staff)

a)

the Employer shall be taken to have designated at the time of payment,

and the Employee to have agreed, that the remuneration paid in excess of
the amount which would have been payable had the Employee been paid
at the minimum hourly rate required by law to be paid in respect of such
non-casual employment be allocated:

(1)

Firstly towards the pecuniary entitlements of such non-casual

employment; and

(2)

Secondly in satisfaction of the non-pecuniary entitlements of

such non-casual employment

in such order and in such amount as the Employer may unilaterally

determine.
1.7

If the Employee is employed on a fixed term basis:

a)

The Employee agrees that employment under this Agreement ends

upon the earlier of the following:

(1)

b)

1.8

(2)

The Employers notifying the Employee, in any manner

permitted by law and reasonably calculated by the Employer to
reach the attention of the Employee, that circumstances set out at
item 3.3 of the Schedule have come to pass; and

(3)

If employed additionally on a casual basis, the end of each daily

(or other short periodic) engagement entered into during the term
of this Agreement.

The Employee understands that the Employer has genuine reasons

based on reasonable grounds for specifying that the employment is to end
in the way set out at sub-paragraph (a) of sub-clause 1.8 of this
Agreement. The reason that the employment of the Employee will end in
that way is as set out at item 3.4 of the Schedule.
If the Employee is employed on a hybrid basis:

a)

The expiry date;

The employment is for a fixed term; but can terminate, or be

terminated, before the expiry of the term according to conditions defined in
this Agreement.

PROBATION
2.1

Unless a trial period applies pursuant to clause 3 of this Agreement, a

probationary period for the number of calendar days set out at item 4 of the
Schedule will apply from the commencement of the employment to enable the
parties mutually to assess and confirm the Employees suitability for the
employment.

2.2

During the probationary period both parties will promptly raise and discuss
any difficulties experienced in the employment, and the Employer will warn the
Employee if it is contemplating termination;

2.3

Any termination during the probation must comply with the termination
provisions of this Agreement.

[insert company name] NZ Employment Contract (Recruitment Staff)

2.4

Probation does not limit the legal rights and obligations of the Employer or
the Employee, and both parties must deal with each other in good faith.

TRIAL PERIOD
3.1

If:
a)

At the beginning of the day on which this Agreement is entered into, the
Employer employs fewer than 20 employees; AND
The Employee has not previously been employed by the Employer

b)

a trial period for the number of calendar days set out at item 5 of the Schedule
will apply from the commencement of the employment.
3.3

The Employer may dismiss the Employee by [insert period e.g. one weeks]
notice given at any time before the end of the trial period; and, if the Employer
does so:
a)

Subject to sub-paragraphs (b) and (c) of this sub-clause 3.2, the

Employee is not entitled to bring a personal grievance or other legal
proceedings in respect of the dismissal;

b)

Sub-paragraph (a) does not prevent the Employee from bringing a

personal grievance or legal proceedings on any of the grounds specified in
section 103(1)(b) to (g) of the Employment Relations Act 20002;

c)

In all other respects (including access to mediation services), but

except as specified in section 67B(5) of the Employment Relations Act
2000, the Employee is to be treated no differently from an employee
whose Agreement contained no trial provision or contained a trial provision
that has ceased to have effect3.

POSITION & DUTIES

4.1

The Employee will serve initially in the position set out at item 6 of the
Schedule.

4.2

The Employee will perform the duties set out at item 7 of the Schedule and
any amended statement of duties given to the Employee from time to time.

4.2

The Employee will report to the manager named at item 8 of the Schedule
or to any other representative of the Employer by the Employer, from time to
time.

LOCATION
5.1

The employment is to be performed initially at the location set out at item 9

of the Schedule.

NOTE: For example: unjustified disadvantage; discrimination; sexual harassment; racial harassment; duress with
respect to union membership; and the employer not complying with Part 6A of the Employment Relations Act 2000).
3

NOTE: Section 67B(5) exempts the requirement for access to information and good faith consultations under
section 4(1A)(c) and the requirement to provide reasons on request under section 120.
[insert company name] NZ Employment Contract (Recruitment Staff)

5.2

SECONDMENT
5.1

The Employer may change the location of the employment to any other
location, by giving the Employee reasonable written notice.

The Employee will comply with all reasonable directions of the Employer to
work on secondment to a client or customer or project, or on a client, customer
or project site.

EMPLOYEES SERVICE & PERFORMANCE

8.1

The Employee will:

a)
b)

c)
d)

e)

8.2

Serve in the best interests of the Employer and the employment;

Perform in accordance with all of the Employers reasonable and lawful
directions given in good faith;
Perform his/her duties with all reasonable skill and diligence;
Undertake any such travel, domestically and overseas, in performance
of his/her duties, as the Employer may reasonably require;
Deal with the Employer in good faith in all aspects of the employment;

f)

Take all reasonable steps to maintain a satisfactory level of

professional and/or practical knowledge relevant to the employment;

g)

Comply with all policies and procedures (including any Codes of

Conduct) implemented by the Employer from time to time;

h)

Take all practicable steps to perform the job in a way that is safe and
healthy for the Employee and fellow employees.

The Employer may, in consultation with the Employee, set employment

objectives, benchmarks, targets or key performance indicators for the Employee
on an annual basis or for such other period as the Employer may determine.
The Employees performance against the objectives, benchmarks, targets or key
performance indicators will be taken into account by the Employer when
assessing the Employee's performance.

MUTUAL COMMITMENT TO PROFESSIONAL CONDUCT

7.1

Whilst ever the Employer remains a member of Recruitment and Consulting

Services Association Ltd (RCSA) and is bound by RCSAs Code for
Professional Conduct (the Code):
a)

The Employer will conduct itself in a manner consistent with its

obligations under the Code; and

b)

The Employees service in the employment must be such as to ensure

that the Employer is able to comply with the Code.

[insert company name] NZ Employment Contract (Recruitment Staff)

10

HOURS OF WORK
9.2

The Employees usual work days and hours, as at the commencement of

the employment, are set out at item 10 of the Schedule.

9.3

Except when the Employee is absent on authorised leave, or prevented

from attendance by circumstances beyond the Employees control, the
Employee is to attend work during the usual work days and hours and at such
additional times as the Employer may reasonably require for the proper
performance the employment.

REST & MEAL BREAKS

10.1

The Employee is entitled to the rest and meal breaks set out in the following
table:
Daily Work Period

Entitlement

2 hrs; but 4 hrs

1 x 10-minute paid rest break

>4 hrs; but 6 hrs

1 x 10-minute paid rest break

1 x 30-minute meal break

>6 hrs; but 8 hrs

2 x 10-minute paid rest breaks

1 x 30-minute meal break

>8 hrs

In the first 8 hours:

2 x 10-minute paid rest breaks
1 x 30-minute meal break
and thereafter by repetition at the
intervals provided above.

10.2

11

Where practicable:
a)

Rest breaks are to be taken as near as may be to the mid-way point

between the start or end of work and any meal break falling within that
work period;

b)

Meal breaks are to be taken as near as may be to the mid-way point of

any work period in which they occur.

REMUNERATION & OTHER ENTITLEMENTS

11.1

The Employees Remuneration is as set out at item 11 of the Schedule is in

respect of all work performed during the employment. The Employee will not be
entitled to any additional penalty rate, allowance, or overtime payment except as
prescribed by law.

11.2

The Employer will pay the Salary and any Commission component of the
Remuneration to the Employee in respect of all work performed in the relevant

[insert company name] NZ Employment Contract (Recruitment Staff)

preceding pay period into the Employees nominated bank or similar account at
the frequency set out at item 12 of the Schedule.
11.3

11.4

12

13

a)

Any commission entitlements will be as set out at item 13 of the

Schedule; and

b)

The Employer makes no representation (express or implied) as to the

level of Commission that the Employee is likely to earn.

The Employer will provide the Employee with any other Entitlements that are
set out at item 14 of the Schedule.

PERFORMANCE REVIEWS
41.1

The Employer will review the Employees performance and Remuneration at

least annually in consultation with the Employee.

41.2

As a result of any such review the Employer, at its total discretion, may offer
to increase, decrease or vary the basis for calculation of the Remuneration.

41.3

Any changes to the amount or basis of calculation of the Remuneration

which are agreed will be confirmed in a revised Schedule. The changes will
operate as a variation of this Agreement.

EXPENSES
16.1

14

If the Employee is either a Salary and Commission Employee or a

Commission Only Employee:

Subject to the Employee providing satisfactory documentary verification, the

Employer will reimburse the reasonable expenses incurred by the Employee in
the course of and in connection with the employment in accordance with the
Employers expense approval procedures and policies.

KIWISAVER4
14.1

This clause only applies if under the KiwiSaver Act 2006:

a)

The Employer is not an exempt employer; and

b)

The Employee:

(1)
(2)
(3)

Is an eligible employee; and

Is required to be automatically enrolled in the KiwiSaver
Scheme; or
May opt in to the KiwiSaver Scheme5.

KiwiSaver is a voluntary, work-based savings initiative to help New Zealanders with their long-term saving for
retirement.
5

Temporary employees who are employed for 28 days or less are not enrolled automatically, but can join KiwiSaver
by opting in. They can either give the Employer a KiwiSaver deduction form (KS2) or contract with a KiwiSaver
scheme provider directly. A temporary employee is an employee who:

is employed to work "as and when required", without a specific end date
[insert company name] NZ Employment Contract (Recruitment Staff)

14.2

The Employee has the option of joining KiwiSaver, and if a new employee
under the KiwiSaver Act 2006, will be automatically enrolled into KiwiSaver.

14.3

If, under the KiwiSaver Act 2006, the Employee is:

c)

A new employee, he/she may opt out of the KiwiSaver scheme up to

eight weeks (on or after day 14 and on or before day 56) from the
commencement of the employment which triggered the enrollment, subject
to any lawful extension of the opt out period.

d)

An existing employee and is eligible for KiwiSaver, the Employee has

the option of joining a KiwiSaver scheme; but having joined will not be able
to opt out.

14.4

If the Employee is enrolled into a KiwiSaver scheme the Employee's

KiwiSaver contributions will be deducted from the Remuneration.

14.5

The Employer will make employer contributions to the Employee's

KiwiSaver scheme to which the Employee is entitled6.

DEDUCTIONS FROM SALARY OR WAGES

15

15.2

If requested by the Employee to do so, the Employer may deduct from any
sum due to the Employee as salary or wages the agreed amount for matters
such as superannuation, a staff social club or union fees and pay the amount to
the organisation as requested by the employee.

15.3

The Employer will be entitled to deduct from any sum due to the Employee
as Salary payable upon termination of employment the amount of any
overpayment made to the Employee for leave taken in advance.

15.4

The Employer may deduct any amounts required by law to be deducted

including tax, ACC, student loan repayments, and liable parent repayments.

15.5

If the Employer overpays Remuneration or holiday pay, it may deduct the

amount of the overpayment from subsequent Remuneration payments or
holiday pay after giving the Employee reasonable written notice that it will do so
and stating the amount of the overpayment together the date upon which such
deduction will be made.

HOLIDAYS & LEAVE ENTITLEMENTS

16

16.1

The Employee will be entitled, subject to sub-clause 16.9, to paid annual

leave in accordance with the Holidays Act 2003 and with the following provisions
to the extent consistent therewith:
a)

After each period of 12 months of continuous employment the

Employee will be entitled to 4 weeks annual leave;

starts their period of employment each time they are engaged to work, and
ceases each time that engagement ends.
6
NOTE: The Employee is entitled to an employer contribution to their KiwiSaver account or their complying account,
if they are aged 18 years or over. For further information regarding employee and employer contributions to
KiwiSaver, visit http://www.kiwisaver.govt.nz

[insert company name] NZ Employment Contract (Recruitment Staff)

b)

Annual leave may be taken in advance with the agreement of the

Employer;

c)

The Employee may elect to take at least two weeks of his/her annual
leave in an uninterrupted break;

d)

The time for taking annual leave may be agreed between the Employer
and Employee and the Employer must not unreasonably withhold consent
to the timing proposed by the Employee;

e)

If, after reasonable attempts, agreement cannot be reached as to the

time for taking annual leave, the Employer, upon giving at least 14 days
notice, may require the Employee to take annual leave commencing on a
date set by the Employer taking into account:

(1)
(2)
f)

16.2

Work requirements; and

The opportunities for rest and recreation available to the
Employee;

The Employer will consider any lawful request which the Employee
may make to cash in any portion of the Employees annual leave
entitlement.

The Employee will be entitled, subject to sub-clause 16.9, to 11 public

holidays per year, in addition to annual leave, in accordance with the Holidays
Act 2003 and with the following provisions to the extent consistent therewith:
Public holidays will be as specified in the Holidays Act 2003;

g)
h)

The Employer will be entitled to require the Employee to work on a

public holiday.

i)

Where the day in question would otherwise be a working day for the
Employee and the Employee has not worked on that day, the Employee
will be entitled to be paid for that holiday at a rate not less than the
employee's relevant daily pay for that day.
Where a public holiday is worked:

j)

(1)

(2)

The Employer will pay to the Employee the greater of

(A)

The portion of the Employee's relevant daily pay (less

any penalty rate) that relates to the time actually worked on
the day plus half that amount again; or

(B)

The portion of the Employee's relevant daily pay that

relates to the time actually worked on the day; and

The Employee will also receive an alternative paid holiday of

one day taken at a later date, the timing of which is to be
determined by agreement between the Employer and the
Employee, or in the absence of agreement according to the
Holidays Act 2003.

[insert company name] NZ Employment Contract (Recruitment Staff)

16.3

16.4

The Employee will be entitled, subject to sub-clause 16.9, to paid sick

leave of up to 5 days in each 12 month period of service in accordance with the
Holidays Act 2003 and with the following provisions to the extent consistent
therewith:
k)

Sick leave may be taken if the Employee is sick or injured or if the

Employee's spouse or a person who is dependent on the Employee is sick
or injured;

l)

Sick leave entitlements may be accumulated from year to year up to a

maximum entitlement of 20 days;

m)

If the Employee has taken sick leave and has been absent from work
for at least three consecutive calendar days, the Employer will be entitled
to require the Employee to provide proof of entitlement to sick leave, at the
Employee's cost;

n)

If the Employee takes sick leave, and the Employer has reasonable
cause to suspect that the leave is not genuine:

(1)

The Employer will be entitled to require the Employee to provide

proof of entitlement to sick leave within the three consecutive
calendar days, at the Employer's cost.

(2)

The Employer will inform the Employee as early as possible if

such proof is required.

The Employee is entitled, subject to sub-clause 16.9, to paid bereavement

leave:
o)

of up to 3 days in relation to the death of the Employees parent,

grandparent, sibling, child, grandchild, spouse, or parent of their spouse;

p)

of 1 day if the Employer considers the Employee has suffered a

bereavement through the death of another person.

16.5

The Employee will be entitled to parental leave in accordance with the

Parental Leave and Employment Protection Act 1987. [Optional] The
Employee will also be entitled to additional parental leave entitlements in
accordance with the Employers parental leave and return to work policies
current at the time parental leave is applied for in accordance with the Parental
Leave and Employment Protection Act 1987.

16.6

If the Employee is called for jury duty, the Employer will continue the
Employee's full pay for the duration of the jury service for days that would
otherwise have been working days, and the Employee will pay to the Employer
any jurors fees received by the Employee.

16.7

The Employee will be entitled to leave for training or service in the

Territorial and Reserve Forces in accordance with the Volunteers Employment
Protection Act 1973.

16.8

The Employer will consider applications for other unpaid leave in situations
such as for compassionate reasons; to undertake a course of work-related

[insert company name] NZ Employment Contract (Recruitment Staff)

10

study; or to gain additional work-related experience. Such leave may be granted

or declined at the Employer's sole discretion having regard to the requirements
of the Employer's business and operations and the basis and term of the
employment.
16.9

17

18

If the Employee is a casual employee, then notwithstanding any other

provision in this Agreement:
q)

The Employer will pay the Employee annual holiday pay on a "pay as
you go" basis as prescribed by the Holidays Act 2003;

r)

Any work performed by the Employee on a public holiday will be paid at

time and half the usual rate of pay; but the Employee will not be entitled to
an alternative holiday;

s)

The Employee is not entitled to paid sick or bereavement leave.

However the Employer will not otherwise prejudice the Employee by
reason of any absence from work due to sickness or bereavement to
which the Employee would have been entitled if the Employee had not
been not a casual employee.

JOB RELATED EQUIPMENT

37.1

From time to time, the Employer may provide the Employee with equipment
to assist in carrying out the Employees duties upon such terms as the Employer
may reasonably determine. This equipment remains the property of the
Employer and must be returned to the Employer in good working order, subject
to fair wear and tear, upon request, or upon the termination of the employment.

17.2

If the Employee is permitted to make personal use of the equipment, the

Employee will meet the cost of and related to all personal use.

GENERAL HEALTH & SAFETY OBLIGATIONS

18.1

The Employer and the Employee acknowledge that they must each comply
with their obligations under the Health and Safety in Employment Act 1992
which apply of their own statutory force and not as terms of this Agreement.

18.2

The parties acknowledge that their respective obligations:

a)

Require the Employer to take all practicable steps to provide the

Employee with a healthy and safe working environment;
Require the Employee:

b)

(1)

To comply with all directions and instructions from the Employer

regarding health and safety; and

(2)

To take all reasonable steps to ensure that in the performance

of the employment the Employee does not undermine his/her own
health and safety or the health and safety of any other person

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11

(3)

19

To ensure that he/she is familiar with the Employer's health and

safety policies, and any modifications to those policies that may be
introduced from time to time.

DRUG & ALCOHOL TESTING

19.1

If, following discussion with the Employee, the Employer has reasonable
grounds for suspecting:
a)

b)

That the Employee is under the influence of drugs or alcohol while at

work; AND
That the Employees performance may be adversely affected thereby,

the Employer may require the Employee to undergo a non-intrusive drug test (a
urine test) which will be conducted by a registered medical professional. The
testing process followed will be such as to ensure a safe and accurate test.
19.2

20

On receipt of a positive test the Employer will discuss the results with the
Employee and take into consideration any explanation received before any
outcome is decided upon.

CONFIDENTIAL INFORMATION & PRIVACY

20.1

The Employee will not at any time, whether during or after the employment
has ended, use or disclose any Confidential Information, or personal information
as defined by the Privacy Act 1993, held by the Employer without the Employers
written permission, unless:
a)

It is necessary and lawful to do so in order to perform the Employees

duties in the employment; or

b)

The Employee is lawfully ordered to disclose such information by a

court, commission, tribunal or law enforcement authority.

20.2

The Employee will take all steps reasonably necessary to preserve the
confidentiality of any Confidential Information, and the privacy of any personal
information as defined by the Privacy Act 1993, which the Employee receives or
to which the Employee has access during or in connection with the employment.

20.3

When Confidential Information is disclosed in accordance with sub-clause

20.1, the Employee will ensure that the person to whom the information is
disclosed is made aware of its confidential nature and of any restrictions that
apply to its subsequent use or disclosure.

20.4

The Employee will advise the Employer if the Employee detects and breach
of confidentiality or thinks of any way in which the security of Confidential
Information can be increased.

20.5

For the purposes of this clause, Confidential Information means all

information belonging to the Employer, an associated business, client or
candidate of the Employer and includes information which:

[insert company name] NZ Employment Contract (Recruitment Staff)

12

21

c)

The Employer an associated business, client or candidate of the

Employer indicates is confidential; or

d)

By its very nature, might reasonably be understood to have been

disclosed to the Employee in confidence; or

e)

Would be of commercial value to a competitor of the Employer, or an

associated business or client of the Employer.

COPYRIGHT & OTHER INTELLECTUAL PROPERTY

21.1

Any invention, improvement, secret process, document or other intellectual

property which the Employee develops in the course of or in connection with the
employment, whether during or outside working hours, which relates to the
Employers:
a)

b)

Products or services or methods of making, using, marketing, selling or

providing the Employers products or services; or
General methods of operation,

whether existing or in development, will be solely the Employers property.

22

21.2

The Employee will immediately and fully disclose to the Employer any such
invention, improvement, secret process, document or other intellectual property.

21.3

The Employee agrees to do everything in the Employees power, including

signing any documents, required by the Employer to:
c)

Give to the Employer or its nominee full legal and equitable ownership
of the intellectual property rights relevant to paragraph 21.1; and

d)

Make applications for patents, registered trade marks or similar

protection, in New Zealand and such other countries as the Employer
considers necessary.

CONFLICTS OF INTEREST
22.1

During the employment, the Employee will not be directly or indirectly

interested, engaged, or concerned in any business or activity, which may
compete in any material respect with the business of the Employer or that of a
client of the Employer, or affect the Employees performance of his/her duties
under this Agreement, except with the written and fully informed consent of the
Employer and/or Client as the Employer may require.

22.2

If any potential conflict of interest situation arises, the Employee will notify
the Employer immediately.

22.3

The Employee will not, directly or indirectly, seek or accept, on his/her own
behalf, or for any person (except the Employer), any payment or other benefit in
money or in kind from any person (except the Employer) as an inducement or
reward for any act or forbearance or in connection with any matter relating to the
business of the Employer.

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23

USE OF INTERNET & EMAIL

23.1

24

If the Employee has access to email or Internet account of the Employer in

the course of the employment:
a)

The Employee will ensure that at all times his/her use of such facilities
meets the ethical and social standards of the workplace;

b)

Whilst a reasonable level of personal use is acceptable to the

Employer, this must not interfere with the Employee's duties or
performance, and must not be illegal or contrary to the interests of the
Employer;

c)

The Employee will comply with all email and Internet policies issued by
the Employer from time to time.

NON-COMPETITION & NON-SOLICITATION

24.1

The Employee acknowledges that this clause 24 is:

In the public interest insofar as it serves:

a)

b)

24.2

(1)

To support the protection of Confidential Information and

personal information communicated to or accessible by the
Employee in the course of the employment;

(2)

To encourage the Employer to expend time, effort and cost in

the training and development of the Employee with respect to the
practices and procedures of the employment services industry;
Reasonable in the protection of the Employers legitimate interests.

The Employee agrees that for the period/s set out at item 15 of the
Schedule (and if more than one as though each of them constituted a separate
provision of this sub-clause) following the termination of the employment for
whatever reason, the Employee will not, without first seeking and obtaining the
consent of the Employer, either personally, or as an employee, consultant or
agent for any other entity or employer:
c)

Carry on business in competition with the Employer within a radius of

the distance set out at item 16 of the Schedule from any premises where
the Employer carries on business of the type in which the Employee was
employed;

d)

Seek to solicit, entice or carry out any work of the same nature for any
client or customer of the Employer with which the Employee had any
contact or dealings whilst employed by the Employer and in respect of
whom the Employer has a reasonable expectation of doing continuing
business;

e)

Solicit, entice or engage or employ any employee or candidate of the

Employer with whom the Employee had any dealings whilst employed with
the Employer and in respect of whom the Employer has a reasonable
expectation of maintaining an ongoing employment or employment agency
relationship as the case may be.

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25

24.3

For the purpose of determining whether any solicitation or enticement of the

type mentioned in sub-paragraph 24.2 has occurred, the question of whether
such solicitation or enticement was initiated by the Employee or by the client,
customer, employee or candidate of the contact is not relevant.

24.4

In responding to any request for consent made pursuant to sub-clause 24.2

of this Agreement, the Employer will act in good faith and in a manner calculated
not to unreasonably prejudice the Employee with respect to his/her future
employment or work prospects.

24.5

If any provision of this clause 24 is held to be unenforceable by any

Authority or Court with jurisdiction to consider such matters, the clause will apply
as modified by the Authority or the Court, or in the event that it is not modified by
the Authority or Court, the remainder of this clause and agreement will continue
to be enforceable by the parties.

EMPLOYMENT PROTECTION IN RESTRUCTURING

25.1

To the extent to which they are not inconsistent with the requirements of
Part 6A of the Employment Relations Act 2000,(the Act) the provisions of this
clause 25 will apply in the case of restructuring within the meaning of Part 6A of
the Act as relevant to the Employee, not being a vulnerable employee as
defined therein.

25.2

For the purposes of this clause 25:

Restructuring (and any related expression) means:

a)

(1)

Contracting out of all or part of the Employees work by the

Employer; or

(2)

Selling or transferring the Employer's business (or part of it) to

another person.
New employer means:

b)

(1)

In the case of a contracting out, a person with whom the

Employer enters into an agreement under which that person is to
perform work as an independent contractor for the Employer; or

(2)

In the case of a sale or transfer of a business, the person to

whom the business is sold or transferred.
The Employee is an affected employee if,

c)

25.3

(1)

as a result of a restructuring, the Employee is, or will be, no

longer required by the Employer to perform all or part of the work
performed by the Employee; AND

(2)

The type of work performed by the Employee (or work that is

substantially similar) is, or is to be, performed by or on behalf of
another person.

If the Employee becomes an affected employee:

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d)

The Employer will consult with the Employee regarding the restructure
in order to seek information about the impact on the Employee and about
the Employees preferred outcomes if the restructure proceeds.

e)

The Employer will negotiate with the new employer to identify matters
relevant to any offer that may be made by the new employer to continue to
employ or otherwise engage the Employee including:

(1)

Whether the Employee will transfer to the new employer on the

same terms and conditions;

(2)

Whether the new employer will treat Employee's service as

continuous;

(3)

Whether the new employer can offer suitable alternative

positions to the Employee;

(4)

The intended time frame within which the new employer will or
will not make offers of employment or other engagement to the
Employee;

(5)

[Add any additional matters to be specified];

f)

The Employee hereby consents to the Employers disclosure of

personal information to the new employer regarding the employment and
the Employees preferred outcomes for the purposes of complying with the
Employer's obligations under this clause 25.

g)

The Employer will advise the Employee of any matters so identified; but
except as required by law, will not be obliged to advise the Employee of
any such matter identified in confidence to the Employer or which would
unreasonably prejudice the commercial position of the Employer.

h)

If the Employer chooses not to divulge to the Employee any such

matter for a reason set out in sub-paragraph (d) of this sub-clause 25.3,
the Employer will be held to have discharged its obligations pursuant to
the said sub-paragraph (d) by notifying the Employee that it is unable to
provide comprehensive advice to the Employee of the matters identified.

i)

The Employer will provide the Employee with reasonable opportunities

to meet and discuss his/her employment or other engagement options with
the new employer.

j)

[Add any additional processes about the restructuring to the extent that
it relates to the Employee that are to be specified].

k)

If the Employee either chooses not to transfer to the new employer, or

is not offered employment by the new employer:

(1)

The Employer at the time of the restructuring will ascertain,

determine and take reasonable steps to inform the Employee as to
the entitlements, if any, that are available to the Employee in
consequence of the restructuring or redundancy;

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26

(2)

The Employer will allow the Employee reasonable absence

from work on pay to undertake a job search or attend job
interviews;

(3)

[Add any additional process for

entitlements that are to be specified];

the

determination

of

l)

The further provisions of clause 26 of this Agreement will apply to the

extent to which a restructure may result in the termination of the
employment due to redundancy.

m)

The Employer will in all other respects comply with the minimum
requirements of Part 6A of the Employment Relations Act 2000 as are
relevant to the employment.

EMPLOYMENT PROTECTION IN REDUNDANCY

26.1

Redundancy occurs where the Employees position is or will become surplus

to the requirements of the Employer's business whether consequent upon
restructuring or otherwise.

26.2

To the extent to which they are not inconsistent with the requirements the
Employment Relations Act 2000, the provisions of this clause 26 will apply in
case of redundancy.

26.3

If the Employees position is or will become redundant, without limiting the

legal rights and obligations of the parties, the Employer will:
a)

Except in exceptional circumstances, consult with the Employee

regarding the possibility of redundancy and, before a decision to proceed
with redundancy is made, will consult with the Employee regarding
whether there are any alternatives to termination of employment (such as
redeployment to another role);

b)

Provide to the Employee sufficient information to enable understanding

and meaningful consultation, and consider the views of the Employee
before making any decision as to whether to make the Employee's position
redundant;

c)

If considered appropriate, as determined within the sole discretion of

the Employer, offer (or arrange to be offered) to the Employee:

(1)

A suitable alternative position in the Employer's organisation or

with an associated entity of the Employer;

(2)

A different position in the Employer's organisation or with an

associated entity of the Employer;
If:

d)

(1)

The Employee's position will become redundant by reason of

the sale, outsourcing, merger or transfer of any part of the
Employer's business or operations; and

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(2)

The Employee is offered similar employment by the purchaser,

source, merged entity or transferee, on terms of employment which
are no less favourable than the Employee's terms of employment at
the time of the sale or outsourcing

the Employer will permit the Employee to terminate the employment on

shortened notice of reasonable duration as an alternative to termination of
employment due to redundancy;
e)

26.4

27

28

27.1

Notwithstanding any other provision in this Agreement, either party may

terminate the employment for any good cause, by providing to the other notice in
writing of the period set out at item 17 of the Schedule.

27.2

The Employer may, at its discretion, pay remuneration in lieu of some or all
of the notice period.

TERMINATION FOR SERIOUS MISCONDUCT

Notwithstanding any other provision in this Agreement, the Employer may
terminate the employment summarily and without notice for Serious Misconduct

SUSPENSION
29.1

30

If the employment is terminated due to redundancy as provided by this

clause 26, the Employee will not be entitled to any additional payment, whether
by way of redundancy compensation or otherwise, except as may be prescribed
by law.

TERMINATION ON NOTICE FOR ANY GOOD CAUSE

63.1

29

Where the employment is to be terminated by the Employer due to

redundancy, give to the Employee notice in accordance with clause # or
Remuneration in lieu of all or part of such notice.

If the Employer wishes to investigate any alleged misconduct, disability or

incapacity:
a)

The Employer may, after discussing the proposal of suspension with

the Employee, and considering the Employee's views, suspend the
Employee on pay whilst the investigation is carried out;

b)

The Employer will conduct the investigation in good faith and in a timely
manner with a view to minimising the adverse impact of the suspension
upon the Employee.

TERMINATION DUE TO ILLNESS OR DISABILITY

30.1

If due to illness or other disability the Employee, not being entitled to leave
in respect of that illness or disability, is absent from work for a period exceeding
that set out at item 18 of the Schedule, the Employer will determine whether the

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employment is to be terminated for good cause or continued. In making that

determination, the Employer will abide by the following process
a)

The Employer will communicate regularly with the Employee, or with a

person lawfully entitled to provide personal information regarding the
Employee, about the Employee's progress,

b)

The Employer will ask for a prognosis regarding the illness or disability
so far as it is relevant and seek information about the likelihood and timing
of any return to work.
The Employer will be entitled to require:

c)

(1)

The Employee to undergo a medical examination; and/or

(2)

Production of a medical report

by a registered medical practitioner nominated by the Employer, at the

Employer's cost, with respect to the likely effect of the illness or disability
upon the Employees return to work
d)

If, after viewing the medical reports and any other medical report
provided in a timely fashion by the Employee, the Employer reasonably
determines that:

(1)

A return to work within a reasonable time frame is unlikely; or

(2)

The Employer cannot continue to sustain the loss of the

Employees service

the Employer may give notice of termination under clause 27 of this

Agreement (Termination on Notice for any Good Cause).
e)

In making the determination mentioned in the preceding subparagraph, the Employer will consider:

(1)

The position held by the Employee and whether it was a

position which was required urgently to be filled;

(2)

Any leave entitlements of the Employee that may lawfully be

accessed by the Employee during the period of the illness or
incapacity;

(3)
31

The length of the Employees service.

ABANDONMENT OF EMPLOYMENT
31.1

If the Employee has been absent without leave from work for five
consecutive working days without any notification to the Employer, and the
Employer has made reasonable efforts to contact the Employee, the Employee
will be deemed to have terminated the employment and the Employer may elect
to terminate this Agreement.

31.2

Any such election made by the Employer will be of no effect if the Employee
subsequently and promptly proves that he/she was physically unable to give
notification (due to accident or similar circumstance).

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32

OBLIGATIONS OF EMPLOYEE ON TERMINATION

32.1

33

Upon termination of the employment for whatever reason, or at any other

time if so requested by the Employer, the Employee will immediately return to
the Employer all information, material or property (including but not limited to
computer disks, printouts, manuals, reports, letters, memos, plans, diagrams,
security cards, keys, telephones and portable computing devices) either
belonging to or the responsibility of the Employer and all copies of that material,
which are in the Employee's possession or under the Employees control.

RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS

33.1

An employment relationship problem means any problem that may exist

between the Employee and the Employer arising out of the employment, and
includes:
a)

A personal grievance as defined in the Employment Relations Act

2000;

b)

A dispute about the application, interpretation or operation of this

Agreement; or

c)

33.2

Any other problem arising out of the employment.

If the Employee experiences any employment relationship problem:

d)

the Employee must raise the matter with the Employees manager
identified at item 8 of the Schedule within 90 days from the date of the
event that has caused the personal grievance or from the Employees
becoming aware of it, whichever is the later;

e)

The Employees manager will attempt to address any concerns as soon

as possible and in any event;

f)

If the Employees manager has contributed to the employment

relationship problem to such an extent that the Employee, acting
reasonably and in good faith, does not have confidence in the ability or
impartiality of the Employees manager to address the employment
relationship problem, the Employee may raise the matter instead with any
member of senior management of the Employer;

g)

If the problem is not satisfactorily resolved at that stage, the Employee

(or such person being the Employees industrial or legal representative or
officer of the Department of Labour as the Employee may authorise) will
write to the Employer setting out the detail of the problem and any solution
that is sought;

h)

The Employer will appoint an appropriate person to meet with the

Employee in order to discuss the problem and attempt to find a resolution.

i)

Any agreed resolution of the problem will be recorded in writing.

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34

j)

If at such a meeting it is not possible to resolve the problem, the

Employer will advise the Employee in writing of its view of the problem and
whether it considers a solution to be possible.

k)

If the problem is not resolved, the Employee may refer the employment
relationship problem to mediation using either the Mediation Service
provided by the Department of Labour under the Employment Relations
Act 2000 or any other reputable and suitably qualified mediation service.

l)

If the employment relationship problem cannot be resolved through

mediation, it may be referred to the Employment Relations Authority.

VARIATION
86.1
86.2

35

Each party acknowledges that this Agreement (including its Schedule)

contains the whole and entire agreement between the parties as to its subject
matter.

SEVERABILITY
44.1

37

Any matter set out in the Schedule may be varied by substitution of a new
Schedule containing all of the schedulized information required by this
Agreement and signed by both parties.

ENTIRE AGREEMENT
43.1

36

This Agreement may be varied by agreement in writing of both parties.

The provisions of this Agreement are severable and if any provision is held
to be invalid or unenforceable by any court or tribunal of competent jurisdiction,
then such invalidity or unenforceability will not affect the remaining provisions of
this agreement.

EMPLOYEE ACKNOWLEDGMENT
42.1

The Employee acknowledges that:

a)

He/she has been advised of his/her right to take independent advice on

the terms of this Agreement,

b)

He/she has been provided with a reasonable opportunity to take that

advice;

c)

He/she has read these this Agreement and understands its terms and
their implications; and

d)
e)

He/she agrees to be bound by these Agreement;

He/she will comply with Employer's policies and procedures as
implemented by the Employer from time to time as though they were
directions given by the Employer in the course of the employment.

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If this Agreement is for a fixed term, the Employer:

f)

(1)

Has informed the Employee that the employment would end;

and

(2)

Has genuine reasons which the Employer has stated to the

Employee for the employment ending

on the earlier of:

38

The expiry date;

The Employers notifying the Employee, in any manner permitted by

law and reasonably calculated by the Employer to reach the attention
of the Employee, that circumstances set out at item 3.3 of the
Schedule have come to pass; and

If employed additionally on a casual basis, the end of each daily (or

other short periodic) engagement entered into during the term of this
Agreement.

DEFINITIONS & INTERPRETATION

38.1

In this Agreement:
a)

Commission means any commission payable to the Employee in

accordance with item 13 of the Schedule;

b)

Commission Only Employee means an Employee whose only

payment received for the performance of his or her duties is Commission;

c)

Employee means the employee named in item 2 of the Schedule;

d)

Employer means the employer named in item 1 of the Schedule;

e)

f)

Governing Requirement means a statutory provision, regulation,

rule or order governing the employees employment;
Party means a party to this Agreement;

g)

Remuneration means the Salary and/or Commission payable to the

Employee by the Employer together with all packaged employment related
benefits but not including the amount oaf any mandatory employer
contributions to a KiwiSaver Scheme or other permitted superannuation
scheme;

h)

Salary means the yearly salary paid to the Employee as set out in
item 11 of the Schedule;

i)

Salary and Commission Employee means an Employee who is

paid Commission in addition to his or her Salary;

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j)

Schedule means the schedule to the this Agreement and any

schedule substituted from time to time as provided by this Agreement;
Serious Misconduct includes, but is not limited to:

k)

(1)

The dishonest provision of any false information prior to the

commencement of the employment;

(2)

Working whilst performance is impaired, or rendered illegal, by

the presence of or effects upon the Employee of alcohol, drugs, or
medication;

(3)

Stealing, or being engaged in fraud, assault or other criminal

behaviour;

(4)

Refusing to carry out a lawful and reasonable direction of the

Employer;

(5)

38.3

Dishonesty;

(6)

Any improper harassment of anyone by the Employee in or

arising out of the course of his or her employment with the
Employer.

(7)

Any breach of the undertakings given, or obligations assumed,

to the Employer regarding confidentiality or privacy;

(8)

Any act which in the reasonable opinion of the Employer is

likely to cause significant damage to the Employers reputation; and

(9)

Any act which results in the Employee being precluded by law

from substantially performing his or her duties as the Employers
employee;

References in this Agreement to any Governing Requirement are to be

interpreted as references to that Governing Requirement as amended or
substituted from time to time.

Execution
Signed by and on behalf of
the Employer
[insert employer name]
_______________________________

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Signed by the Employee

[insert employee name]
_______________________________

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Schedule
This Schedule is to be read subject to and in conjunction with an individual employment
agreement entered into under section 65 of the Employment Relations Act 2000 between the
Employer named in Item 1 and the Employee named in item 2 and dated
Item

Schedualized Information

Employer name, address and details

Employee name, address and details

Basis & Term

3.1

Basis: Casual/Non-casual
Full Time/Part Time
Fixed Term/Indefinite Duration/Hybrid

3.2

Term: Commencement Date

Expiry Date

3.3

Terminating Circumstance:

3.4

Terminating Reason [Amend as may be required]

Example: that the employment is specific to and for the purpose of [state
purpose] and/or
is typically for a short period in order to:

cover for an absent employee

assist the Employer whilst it has a heavy workload

The nature of employment thus requires the flexibility and responsiveness to

work flow fluctuation that its basis provides.

Probation period [number of days]

Trial period [number of days]

Position title

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Duties

Manager

Location

10

Commencing hours of work

11

Remuneration

12

Payment frequency

13

Commission arrangements

14

Further entitlements
For Example: Health insurance, study bonuses, fee payment etc

15

Restraint period/s

16

Restraint area radius in kilometers

17

Notice period for termination for any good cause

18

Disability period

Signed by and on behalf of

the Employer
[insert employer name]
_______________________________

Signed by the Employee

[insert employee name]

_______________________________
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