1. Carter is hired to pick apples in an orchard. His employment contract states: The Labour Court stated that so-called „seasonal” employment falls within the legal definition of fixed-term employment and concluded that the law assumes that employment contracts are of indefinite duration unless they are specifically limited in time and meet the legal requirements for fixed-term contracts under Article 66 of the Act. The court found that the employer had failed to comply with the requirements of section 66 for the following reasons: In mackie v. South Pacific Meats Ltd (2012), a seasonal meat worker who was not an employee was entitled to reinstatement because a clause in the collective agreement survived dismissal at the end of the previous season. The worker was fired at the end of the season and received a letter from the company at the beginning of the following season. The letter states that job offers were subject to a negative drug test. The worker tested negative for drugs, but was not offered a job. She claimed that she was an employee on the basis of the letter and that she had been unfairly dismissed. The collective agreement contained a clause (clause 3) which provided that in the event of dismissal at the end of the season, a seasonal worker was responsible for informing the company of his contact details, had 5 days to return to work after notification and that the company re-employed seasonal workers according to their initial start date and their competence to perform the work. The skills included their physical abilities and reliability. The Industrial Relations Authority concluded that the employee was not an employee at the time the employer decided not to reinstate her, so she could not accommodate her unjustified request for dismissal.
However, she was at a disadvantage compared to Article 3 of the collective agreement, which survived the termination of her employment relationship. The manager acknowledged that his decision not to offer the worker employment was in part due to the fact that, when assessing her physical abilities and reliability, he had taken into account the fact that she had been on VAC due to an injury at the end of the previous season and that her partner had recently been convicted of growing cannabis. which led her to believe that she herself could be a drug user. The authority concluded that failure to consult the employee and attempt to gather even basic information to obtain a thoughtful picture of her physical abilities and reliability were measures that were far from what a fair and reasonable employer would have done in the circumstances. The agency ordered that the worker be reinstated, receive the lost wages and pay $10,000 in compensation for the humiliation. • Region where there is a shortage of seasonal workers • The number of workers needed • A description of available jobs and tasks to be performed • When and for how long each job is available Talley argued that it was justified to terminate her employment because she was a seasonal worker and the „season” for which she was last employed, is complete. She argued that „seasonal” employment is different from temporary employment. 2. Debbie, an accountant, works at a medical center as a cover for someone on sabbatical.
Debbie`s employment contract states: These are the most common types of employees. Permanent employees have all the rights and obligations of employees. So how do you make sure your employees are here for a good while, but not for long? They must meet the temporary requirements set out in the Labour Relations Act 2000. This includes ensuring that, for valid reasons, you have real reasons to terminate your employment relationship on a specific basis. You must include these reasons in the written employment contract. You must also specify how the employment contract ends (including when and how it ends). Ms. Turner has not been selected for the upcoming fishing season in Hoki. She applied for a job, but was informed that she would not have a permanent job, and her employment ended.
She filed a personal complaint and invoked unfair dismissal. Ms. Turner was employed in a fish processing plant at Talley`s Group Ltd. She has been employed for several years in a number of individual employment contracts. Her recent employment contracts described her as a seasonal employee and provided that if the season extended beyond the expected duration, she would become a casual employee. Whether you are considered part-time or full-time depends on how many hours you have to work. Labour legislation does not define what full-time or part-time work is, but full-time work is often considered to be about 35 to 40 hours per week. For statistical purposes, Statistics New Zealand (external link) defines full-time work of 30 hours or more per week. You have exactly the same rights and obligations when it comes to work if you are employed part-time or full-time. The employment relationship of a fixed-term (fixed-term) employee ends at a certain time or when a certain event occurs. A temporary employee can be someone who is required to replace another employee on parental leave, cover a seasonal peak or complete a project. This includes people who work in triangular employment situations.
If you are hiring a fixed-term employee, the written employment contract must: Use our new employment contract builder (external link) to create an appropriate casual agreement. It is recommended to include a working time clause that states: The common situations where triangular work takes place are: Although seasonal work is by definition temporary, seasonal workers are entitled to the same minimum rights as permanent employees. For example, they must receive at least the minimum wage for adults and receive a reasonable number of breaks. People who occasionally work for you are employees and, like any other employee, need an employment contract. Employers must comply with temporary legal requirements when employing employees on a seasonal basis. Otherwise, there could be personal complaints of unfair dismissal this season. Use our new employment contract builder (external link) to create an appropriate term agreement, including a space to enter a detailed reason for term termination. Here are two examples: Each agreement should set out the following conditions: Each time a casual employee accepts the offer of work, it is considered a new period of employment. If an employer decides to stop offering work, it is not considered a dismissal because the employer is not responsible for providing work. However, if an employer sends an employee home in the middle of a shift or withdraws an agreement to provide work for a shift, it may mean that the employee has been laid off. In addition to providing guidance to employers to employ seasonal workers, the case offers two other warnings to employers: The court ruled that Talley`s failed to meet these temporary requirements.
First, Talley`s had no valid reason to assert that his employment should end after the specified period or the end of a particular season. Second, Talley`s had not included the following provisions in Ms Turner`s individual employment: For advice on seasonal workers and workplace arrangements, please contact Employsure on 0800 675 700. New Zealand Meatworkers` Union Inc v. Alliance Group Ltd (2006) considered whether these were new workers when seasonal workers returned to work or whether their service should be considered continuous with respect to sick leave and bereavement leave entitlements under the Statutory Holidays Act, 2003 (which requires 6 months of uninterrupted service before an employee is entitled to a such leave). The question arose after the company wanted to abandon its current practice of treating the employment of seasonal workers out of season as a continuation. The company said that by the end of the season, their employment had been terminated and not temporarily suspended. The Labour Court found that the Leave Act does not define „current uninterrupted employment” for the purposes of sick leave and bereavement leave .. . .