Disciplinary Process. Where we find that misconduct or serious misconduct has occurred, there may be justification of disciplinary action. Before taking action against you, we will follow a fair and reasonable process with you, as we consider appropriate in the circumstances. We may terminate your employment without notice (summary dismissal) in the event of serious misconduct which may include but is not limited to: Any serious or persistent breach of this agreement or implied duty of fidelity; Wilful neglect in performing your duties; or Failure to comply with reasonable or lawful directions; or Disclosure of confidential information; or Deception in any way related with your work. Reporting to work whilst under the influence of drugs and/or alcohol, or consuming alcohol and/or drugs on work premises without our approval, or driving whilst under the influence of drugs and/or alcohol using our vehicles. Falsifying information including parental leave requests, annual leave requests or any other documents. Failure to declare any conflict of interest or potential conflict of interest. Unapproved access to or interfering with our computer systems including by deletion, alteration, copying or damage. Disregard and failure to observe health and safety rules or procedures including failure to use safety equipment or clothing provided by us. Unlawful or unapproved removal, possession, or misappropriation of money or property, or damage to property. Using bullying tactics, offensive, aggressive, belittling or threatening language or behaviour at the place of work. Any physical abuse or assault including fighting. Failure to inform us immediately concerning any material change in your personal circumstances which could affect our employment relationship, including notification of any pending criminal charges or of any matters under investigation by any professional body that you belong to. Serious or persistent failure to meet our dress, personal hygiene and grooming standards. Falsification of, or any deed that damages (or has the possibility to damage) us or our client relationships, or brings (or has the possibility to bring) us into disrepute. Acting in a way where coercion, discrimination or exploitation, including sexual and racial harassment or any other form of harassment to others has occurred. Smoking anywhere other than designated areas. Failure to hold or maintain relevant memberships, qualifications and/or licences as necessary to the employment relationship. Falsification or providing deceptive information during the recruitment process, including by omission, for example, failure to answer questions fully, falsification of verbal references and not revealing any medical conditions or disabilities that may influence work performance. Any crime, offence or dishonest act that (in our view) affects the employment relationship between yourself and us. Examples of behaviour which could amount to misconduct include: Less serious breaches of work rules or policies. Continual lateness. Wasting of work time or materials. Inappropriate and unprofessional behaviour. Where an act of serious misconduct has not resulted in summary dismissal, or in instances where misconduct which is less severe, we may take disciplinary action as we deem appropriate and may include: A performance development plan; A written warning or final written warning; Demotion and/or redeployment to another position within the workplace temporarily and/or permanently; Modifications to your remuneration, benefits, allowances, responsibilities and/or rights; and/ Any other appropriate penalty. We may suspend you with or without pay taken on a case by case basis, during any disciplinary process if: We deem it necessary to in order to carry out a fair and extensive investigation; You present a danger to our business including the health and safety of yourself or others, our property or our reputation; or Our investigation into any matter relating to you is delayed for any reason including as a result of police inquiry, investigation or prosecution, or any order made by a judicial body. RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS Wherever possible it is the aim of our business to resolve any employment relationship issues with you as quickly as possible. Therefore, if any employment issues arise, those should be raised with us as soon as possible so that the parties can resolve it. We require you that when raising a complaint with us in writing, that you cover: The details of the problem, complaint, or grievance; and Why you feel this is an issue; and What you are seeking to resolve the issue. Both parties are within their rights to seek legal or expert advice and assistance from a chosen representative in raising and/or discussing any employment relationship problem. If the issue is a personal grievance, you must present that grievance within 90 days of the event, giving rise to the grievance, or after further time if allowed by us or where the Employment Relations Authority grants an extension of time. 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. If either party believes that mediation has not settled the employment relationship issue or that mediation is inappropriate given the circumstances, either party can apply to the Employment Relations Authority for assistance. This is a formal process whereby it is the Authority’s role is to investigate the problem and to make a decision. If a decision is made by the Authority and neither party is not satisfied with the judgement, the party may be able to appeal the judgement to the Employment Court. Following that, a party may, with leave, appeal to the Court of Appeal and ultimately the Supreme Court on questions of law. BUSINESS INTERRUPTION Should any circumstances beyond our control occur (other than a redundancy situation or termination for cause) including, for example, flood, earthquake, fires, health epidemic or pandemic, loss of power and/or force majeure, and interrupt our business, we may, after consultation with you, require you to take annual holidays and/or leave without pay, work different and/or reduced hours, and /or modify the duties of your position to accommodate that business interruption. If the impact is long-term then we may be required to terminate your employment by reasons of frustrations of contract.
Appears in 3 contracts
Sources: Fixed Term Individual Employment Agreement, Fixed Term Individual Employment Agreement, Fixed Term Individual Employment Agreement
Disciplinary Process. Where we find that misconduct or serious misconduct has occurred, there may be justification of disciplinary action. Before taking action against you, we will follow a fair and reasonable process with you, as we consider appropriate in the circumstances. We may terminate your employment without notice (summary dismissal) in the event of serious misconduct which may include but is not limited to: Any serious or persistent breach of this agreement or implied duty of fidelity; Wilful neglect in performing your duties; or Failure to comply with reasonable or lawful directions; or Disclosure of confidential information; or Deception in any way related with your work. Reporting to work whilst under the influence of drugs and/or alcohol, or consuming alcohol and/or drugs on work premises without our approval, or driving whilst under the influence of drugs and/or alcohol using our vehicles. Falsifying information including parental leave requests, annual leave requests or any other documents. Failure to declare any conflict of interest or potential conflict of interest. Unapproved access to or interfering with our computer systems including by deletion, alteration, copying or damage. Disregard and failure to observe health and safety rules or procedures including failure to use safety equipment or clothing provided by us. Unlawful or unapproved removal, possession, or misappropriation of money or property, or damage to property. Using bullying tactics, offensive, aggressive, belittling or threatening language or behaviour at the place of work. Any physical abuse or assault including fighting. Failure to inform us immediately concerning any material change in your personal circumstances which could affect our employment relationship, including notification of any pending criminal charges or of any matters under investigation by any professional body that you belong to. Serious or persistent failure to meet our dress, personal hygiene and grooming standards. Falsification of, or any deed that damages (or has the possibility to damage) us or our client relationships, or brings (or has the possibility to bring) us into disrepute. Acting in a way where coercion, discrimination or exploitation, including sexual and racial harassment or any other form of harassment to others has occurred. Smoking anywhere other than designated areas. Failure to hold or maintain relevant memberships, qualifications and/or licences as necessary to the employment relationship. Falsification or providing deceptive information during the recruitment process, including by omission, for example, failure to answer questions fully, falsification of verbal references and not revealing any medical conditions or disabilities that may influence work performance. Any crime, offence or dishonest act that (in our view) affects the employment relationship between yourself and us. Examples of behaviour which could amount to misconduct include: Less serious breaches of work rules or policies. Continual lateness. Wasting of work time or materials. Inappropriate and unprofessional behaviour. Where an act of serious misconduct has not resulted in summary dismissal, or in instances where misconduct which is less severe, we may take disciplinary action as we deem appropriate and may include: A performance development plan; A written warning or final written warning; Demotion and/or redeployment to another position within the workplace temporarily and/or permanently; Modifications to your remuneration, benefits, allowances, responsibilities and/or rights; and/ Any other appropriate penalty. We may suspend you with or without pay taken on a case by case basis, during any disciplinary process if: We deem it necessary to in order to carry out a fair and extensive investigation; You present a danger to our business including the health and safety of yourself or others, our property or our reputation; or Our investigation into any matter relating to you is delayed for any reason including as a result of police inquiry, investigation or prosecution, or any order made by a judicial body. RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS Wherever possible it is the aim of our business to resolve any employment relationship issues with you as quickly as possible. Therefore, if any employment issues arise, those should be raised with us as soon as possible so that the parties can resolve it. We require you that when raising a complaint with us in writing, that you cover: The details of the problem, complaint, or grievance; and Why you feel this is an issue; and What you are seeking to resolve the issue. Both parties are within their rights to seek legal or expert advice and assistance from a chosen representative in raising and/or discussing any employment relationship problem. If the issue is a personal grievance, you must present that grievance within 90 days of the event, giving rise to the grievance, or after further time if allowed by us or where the Employment Relations Authority grants an extension of time. 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. If either party believes that mediation has not settled the employment relationship issue or that mediation is inappropriate given the circumstances, either party can apply to the Employment Relations Authority for assistance. This is a formal process whereby it is the Authority’s role is to investigate the problem and to make a decision. If a decision is made by the Authority and neither party is not satisfied with the judgement, the party may be able to appeal the judgement to the Employment Court. Following that, a party may, with leave, appeal to the Court of Appeal and ultimately the Supreme Court on questions of law. BUSINESS INTERRUPTION Should any circumstances beyond our control occur (other than a redundancy situation or termination for cause) including, for example, flood, earthquake, fires, health epidemic or pandemic, loss of power and/or force majeure, and interrupt our business, we may, after consultation with you, require you to take annual holidays and/or leave without pay, work different and/or reduced hours, and /or modify the duties of your position to accommodate that business interruption. If the impact is long-term then we may be required to terminate your employment by reasons reason of frustrations of contract.
Appears in 3 contracts
Sources: Permanent Individual Employment Agreement, Permanent Individual Employment Agreement, Permanent Individual Employment Agreement
Disciplinary Process. Where we find that misconduct or serious misconduct has occurred, there may be justification of disciplinary action. Before taking action against you, we will follow a fair and reasonable process with you, as we consider appropriate in the circumstances. We may terminate your employment without notice (summary dismissal) in the event of serious misconduct which may include but is not limited to: Any serious or persistent breach of this agreement or implied duty of fidelity; Wilful neglect in performing your duties; or Failure to comply with reasonable or lawful directions; or Disclosure of confidential information; or Deception in any way related with your work. Reporting to work whilst under the influence of drugs and/or alcohol, or consuming alcohol and/or drugs on work premises without our approval, or driving whilst under the influence of drugs and/or alcohol using our vehicles. Falsifying information including parental leave requests, annual leave requests or any other documents. Failure to declare any conflict of interest or potential conflict of interest. Unapproved access to or interfering with our computer systems including by deletion, alteration, copying or damage. Disregard and failure to observe health and safety rules or procedures including failure to use safety equipment or clothing provided by us. Unlawful or unapproved removal, possession, or misappropriation of money or property, or damage to property. Using bullying tactics, offensive, aggressive, belittling or threatening language or behaviour at the place of work. Any physical abuse or assault including fighting. Failure to inform us immediately concerning any material change in your personal circumstances which could affect our employment relationship, including notification of any pending criminal charges or of any matters under investigation by any professional body that you belong to. Serious or persistent failure to meet our dress, personal hygiene and grooming standards. Falsification of, or any deed that damages (or has the possibility to damage) us or our client relationships, or brings (or has the possibility to bring) us into disrepute. Acting in a way where coercion, discrimination or exploitation, including sexual and racial harassment or any other form of harassment to others has occurred. Smoking anywhere other than designated areas. Failure to hold or maintain relevant memberships, qualifications and/or licences as necessary to the employment relationship. Falsification or providing deceptive information during the recruitment process, including by omission, for example, failure to answer questions fully, falsification of verbal references and not revealing any medical conditions or disabilities that may influence work performance. Any crime, offence or dishonest act that (in our view) affects the employment relationship between yourself and us. Examples of behaviour which could amount to misconduct include: Less serious breaches of work rules or policies. Continual lateness. Wasting of work time or materials. Inappropriate and unprofessional behaviour. Where an act of serious misconduct has not resulted in summary dismissal, or in instances where misconduct which is less severe, we may take disciplinary action as we deem appropriate and may include: A performance development plan; A written warning or final written warning; Demotion and/or redeployment to another position within the workplace temporarily and/or permanently; Modifications to your remuneration, benefits, allowances, responsibilities and/or rights; and/ Any other appropriate penalty. We may suspend you with or without pay taken on a case by case basis, during any disciplinary process if: We deem it necessary to in order to carry out a fair and extensive investigation; You present a danger to our business including the health and safety of yourself or others, our property or our reputation; or Our investigation into any matter relating to you is delayed for any reason including as a result of police inquiry, investigation or prosecution, or any order made by a judicial body. RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS Wherever possible it is the aim of our business to resolve any employment relationship issues with you as quickly as possible. Therefore, if any employment issues arise, those should be raised with us as soon as possible so that the parties can resolve it. We require you that when raising a complaint with us in writing, that you cover: The details of the problem, complaint, or grievance; and Why you feel this is an issue; and What you are seeking to resolve the issue. Both parties are within their rights to seek legal or expert advice and assistance from a chosen representative in raising and/or discussing any employment relationship problem. If the issue is a personal grievance, you must present that grievance within 90 days of the event, giving rise to the grievance, or after further time if allowed by us or where the Employment Relations Authority grants an extension of time. 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. If either party believes that mediation has not settled the employment relationship issue or that mediation is inappropriate given the circumstances, either party can apply to the Employment Relations Authority for assistance. This is a formal process whereby it is the Authority’s role is to investigate the problem and to make a decision. If a decision is made by the Authority and neither party is not satisfied with the judgement, the party may be able to appeal the judgement to the Employment Court. Following that, a party may, with leave, appeal to the Court of Appeal and ultimately the Supreme Court on questions of law. BUSINESS INTERRUPTION Should any circumstances beyond our control occur (other than a redundancy situation or termination for cause) including, for example, flood, earthquake, fires, health epidemic or pandemic, loss of power and/or force majeure, and interrupt our business, we may, after consultation with you, require you to take annual holidays and/or leave without pay, work different and/or reduced hours, and /or modify the duties of your position to accommodate that business interruption. If COMPLETE AGREEMENT This agreement and any letter of offer sets out the impact whole of the agreement between the parties. It replaces any previous agreements, arrangements or representations. Any variation during the term of this agreement must be mutually agreed to in writing. ACKNOWLEDGEMENTS By signing this agreement, you acknowledge and agree that: you have read and understand the conditions of employment detailed above and accept them fully; and you have been advised of the right to seek independent advice in relation to this agreement either from legal representation and/or the Ministry of Business Innovation and Employment, and have been allowed reasonable time to do so; and you further declare that all of the information that you have provided during the recruitment process and throughout your employment has been complete and not false or misleading in any way; and You have been advised of the probation period that starts from your first working date noted in this agreement. you hold all necessary licences and qualifications required for the position; and you have been advised of your rights and responsibilities under the Holidays Act 2003, and of the opportunity to seek further advice from the Ministry of Business, Innovation and Employment; and you act in good faith and have no conflict of interest with us, in that no associations, arrangements, constraints or other matters occur in relation to you which would compromise your ability to release your responsibilities under this agreement including the duty of fidelity (regard for our interests); you have disclosed any medical issues that may affect your ability to function and perform your duties required for the role and that you are fit to carry out all of the duties and responsibilities of the position; and you have not been forced under pressure or any undue influence to enter into this agreement and have all your faculties to do so. SIGNED by the parties: DATE Signed by the Employee NAME DATE Signed for and on behalf of the Employer NAME SCHEDULE A Fixed Term Employment Your employment is long-for a fixed term then period of [insert amount of time], commencing on [date] and ending on [date]. The rationale for your fixed term employment is [insert reason]. The period of employment in the position of [position] may be reduced or extended as we may agree in writing, to reflect the length of the job, but shall not be required to terminate considered as “ongoing employment” or create a belief of this excluding where we clearly consent. We will remind you of the termination of your employment ahead of the expiry date of the fixed term period outlined above. Notice Period One week’s notice shall be given where the employment relationship is terminated earlier than at the fixed term expiry date. Hours of Work Your agreed hours of work are dependent on our business demands, which are impacted by reasons [e.g. seasonable requirements/weather conditions]. At a minimum your agreed hours of frustrations work will be at least [xx] hours per week worked between [8:00am and 5:00pm], [Monday to Friday], both days inclusive, to be worked by agreement. We may require you to work any additional hours including on days outside of contract.your agreed hours, depending on our business needs, in order to ensure that the requirements of the role are fulfilled. Any additional hours of work will be agreed between us. Work Location Your place of work shall normally be [location]. Remuneration
Appears in 1 contract
Disciplinary Process. Where we find that misconduct or serious misconduct has occurred, there may be justification of disciplinary action. Before taking action against you, we will follow a fair and reasonable process with you, as we consider appropriate in the circumstances. We may terminate your employment without notice (summary dismissal) in the event of serious misconduct which may include but is not limited to: Any serious or persistent breach of this agreement or implied duty of fidelity; Wilful neglect in performing your duties; or Failure to comply with reasonable or lawful directions; or Disclosure of confidential information; or Deception in any way related with your work. Reporting to work whilst under the influence of drugs and/or alcohol, or consuming alcohol and/or drugs on work premises without our approval, or driving whilst under the influence of drugs and/or alcohol using our vehicles. Falsifying information including parental leave requests, annual leave requests or any other documents. Failure to declare any conflict of interest or potential conflict of interest. Unapproved access to or interfering with our computer systems including by deletion, alteration, copying or damage. Disregard and failure to observe health and safety rules or procedures including failure to use safety equipment or clothing provided by us. Unlawful or unapproved removal, possession, or misappropriation of money or property, or damage to property. Using bullying tactics, offensive, aggressive, belittling or threatening language or behaviour at the place of work. Any physical abuse or assault including fighting. Failure to inform us immediately concerning any material change in your personal circumstances which could affect our employment relationship, including notification of any pending criminal charges or of any matters under investigation by any professional body that you belong to. Serious or persistent failure to meet our dress, personal hygiene and grooming standards. Falsification of, or any deed that damages (or has the possibility to damage) us or our client relationships, or brings (or has the possibility to bring) us into disrepute. Acting in a way where coercion, discrimination or exploitation, including sexual and racial harassment or any other form of harassment to others has occurred. Smoking anywhere other than designated areas. Failure to hold or maintain relevant memberships, qualifications and/or licences as necessary to the employment relationship. Falsification or providing deceptive information during the recruitment process, including by omission, for example, failure to answer questions fully, falsification of verbal references and not revealing any medical conditions or disabilities that may influence work performance. Any crime, offence or dishonest act that (in our view) affects the employment relationship between yourself and us. Examples of behaviour which could amount to misconduct include: Less serious breaches of work rules or policies. Continual lateness. Wasting of work time or materials. Inappropriate and unprofessional behaviour. Where an act of serious misconduct has not resulted in summary dismissal, or in instances where misconduct which is less severe, we may take disciplinary action as we deem appropriate and may include: A performance development plan; A written warning or final written warning; Demotion and/or redeployment to another position within the workplace temporarily and/or permanently; Modifications to your remuneration, benefits, allowances, responsibilities and/or rights; and/ Any other appropriate penalty. We may suspend you with or without pay taken on a case by case basis, during any disciplinary process if: We deem it necessary to in order to carry out a fair and extensive investigation; You present a danger to our business including the health and safety of yourself or others, our property or our reputation; or Our investigation into any matter relating to you is delayed for any reason including as a result of police inquiry, investigation or prosecution, or any order made by a judicial body. RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS Wherever possible it is the aim of our business to resolve any employment relationship issues with you as quickly as possible. Therefore, if any employment issues arise, those should be raised with us as soon as possible so that the parties can resolve it. We require you that when raising a complaint with us in writing, that you cover: The details of the problem, complaint, or grievance; and Why you feel this is an issue; and What you are seeking to resolve the issue. Both parties are within their rights to seek legal or expert advice and assistance from a chosen representative in raising and/or discussing any employment relationship problem. If the issue is a personal grievance, you must present that grievance within 90 days of the event, giving rise to the grievance, or after further time if allowed by us or where the Employment Relations Authority grants an extension of time. 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. If either party believes that mediation has not settled the employment relationship issue or that mediation is inappropriate given the circumstances, either party can apply to the Employment Relations Authority for assistance. This is a formal process whereby it is the Authority’s role is to investigate the problem and to make a decision. If a decision is made by the Authority and neither party is not satisfied with the judgement, the party may be able to appeal the judgement to the Employment Court. Following that, a party may, with leave, appeal to the Court of Appeal and ultimately the Supreme Court on questions of law. BUSINESS INTERRUPTION Should any circumstances beyond our control occur (other than a redundancy situation or termination for cause) including, for example, flood, earthquake, fires, health epidemic or pandemic, loss of power and/or force majeure, and interrupt our business, we may, after consultation with you, require you to take annual holidays and/or leave without pay, work different and/or reduced hours, and /or modify the duties of your position to accommodate that business interruption. If COMPLETE AGREEMENT This agreement and any letter of offer sets out the impact whole of the agreement between the parties. It replaces any previous agreements, arrangements or representations. Any variation during the term of this agreement must be mutually agreed to in writing. ACKNOWLEDGEMENTS By signing this agreement, you acknowledge and agree that: you have read and understand the conditions of employment detailed above and accept them fully; and you have been advised of the right to seek independent advice in relation to this agreement either from legal representation and/or the Ministry of Business Innovation and Employment, and have been allowed reasonable time to do so; and you further declare that all of the information that you have provided during the recruitment process and throughout your employment has been complete and not false or misleading in any way; and You have been advised of the 90-day trial period starts from your first working date noted in this agreement. you hold all necessary licences and qualifications required for the position; and you have been advised of your rights and responsibilities under the Holidays Act 2003, and of the opportunity to seek further advice from the Ministry of Business, Innovation and Employment; and you act in good faith and have no conflict of interest with us, in that no associations, arrangements, constraints or other matters occur in relation to you which would compromise your ability to release your responsibilities under this agreement including the duty of fidelity (regard for our interests); you have disclosed any medical issues that may affect your ability to function and perform your duties required for the role and that you are fit to carry out all of the duties and responsibilities of the position; and you have not been forced under pressure or any undue influence to enter into this agreement and have all your faculties to do so. SIGNED by the parties: DATE Signed by the Employee NAME DATE Signed for and on behalf of the Employer NAME SCHEDULE A Fixed Term Employment Your employment is long-for a fixed term then period of [insert amount of time], commencing on [date] and ending on [date]. The rationale for your fixed term employment is [insert reason]. The period of employment in the position of [position] may be reduced or extended as we may agree in writing, to reflect the length of the job, but shall not be required to terminate considered as “ongoing employment” or create a belief of this excluding where we clearly consent. We will remind you of the termination of your employment ahead of the expiry date of the fixed term period outlined above. Notice Period One week’s notice shall be given where the employment relationship is terminated earlier than at the fixed term expiry date. Hours of Work Your agreed hours of work are dependent on our business demands, which are impacted by reasons [e.g. seasonable requirements/weather conditions]. At a minimum your agreed hours of frustrations work will be at least [xx] hours per week worked between [8:00am and 5:00pm], [Monday to Friday], both days inclusive, to be worked by agreement. We may require you to work any additional hours including on days outside of contract.your agreed hours, depending on our business needs, in order to ensure that the requirements of the role are fulfilled. Any additional hours of work will be agreed between us. Work Location Your place of work shall normally be [location]. Remuneration
Appears in 1 contract