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{insert company name and logo}
PARTIES
BETWEEN {Company Name} ( {Company Name}, us, our, we)
AND [name] (the Employee, you, your)
1.0 POSITION
1.1 You will be employed in the position of [ ]. You agree to perform all duties as reasonably directed by {employer name}, and as set out in the position description attached as Schedule 1 to this agreement.
1.2 After consultation with you, we may reasonably vary your responsibilities and duties to suit the needs of {employer name}.
1.3 You shall report to [ ], and will be based in {city}. From time to time, some travel may be required to fulfil the duties and responsibilities of your position. We may also make reasonable changes to the base location following consultation with you.
2.0 TERM OF EMPLOYMENT
2.1 This agreement will commence on {date} and will continue in force until terminated by either party in accordance with this agreement.
3.0 PROBATIONARY PERIOD {OPTIONAL CAN LEAVE OUT ALTOGETHER OR CHOOSE BETWEEN PROBATIONARY PERIOD AND TRIAL PERIOD CLAUSE BELOW}
3.1 This agreement includes a probationary period of {insert duration} months to allow us to determine whether you are suited to the position. We will provide you with guidance and feedback during this period.
3.2 During or at the end of this period either party may terminate this agreement by giving the other party {amount of notice} notice of termination. If you remain employed at the end of the probationary period we may:
(a) confirm you in the position; or
(b) elect to terminate this agreement by providing {amount of notice} notice of termination; or
(c) extend the probationary period for a reasonable period to allow us to assess further whether you are suited for the position.
3.3 For the avoidance of doubt, this clause does not prevent us terminating your employment summarily if you engage in serious misconduct.
3.0 TRIAL PERIOD {OPTIONAL CAN LEAVE OUT ALTOGETHER OR CHOOSE BETWEEN PROBATIONARY PERIOD ABOVE AND TRIAL PERIOD CLAUSE}
3.1 You will be employed initially for a trial period of {specify number of days, not exceeding 90} days commencing on {date, same as clause 2.1} and ending on {date}.
3.2 Consistent with sections 67A and 67B of the Employment Relations Act 2000, we may terminate your employment:
(a) Without notice for serious misconduct at any time during the trial period; or
(b) By giving you {number} weeks notice (or making payment in lieu of some or all of that notice period) at any time during the trial period,
and you will not be entitled to bring a personal grievance or other legal proceedings in respect of the termination.
3.3 The provisions below relating to termination do not apply to termination during this trial period.
4.0 YOUR GENERAL RESPONSIBILITIES
4.1 During the term of this agreement you shall:
(a) honestly, diligently, competently, and in good faith fulfil your duties and responsibilities;
(b) use your best endeavours to promote and protect {company name}s interests;
(c) be responsible for discharging your duties and responsibilities at all times during your hours of work;
(d) where appropriate, exercise the rights and powers conferred upon you by any enactment or delegated to you;
(e) comply with all statutory obligations imposed upon you or {company name};
(f) do all such incidental things consistent with or reasonably necessary for the proper performance of your duties and responsibilities;
(g) carry out and comply with all reasonable and lawful directions; and
(h) maintain high standards of conduct and integrity appropriate for a national sporting and recreation organisation.
5.0 GOOD EMPLOYER
5.1 During the term of this agreement {company name} shall act in good faith and as a good employer in all of our dealings with you.
5.2 For the purposes of this agreement a good employer is an employer who treats employees fairly and reasonably in all aspects of their employment.
5.3 We may offer to support you in your personal and professional development where this is relevant to your role and may fix the terms and conditions of any such support.
6.0 HOURS OF WORK
6.1 Your normal hours of work will be: {strike out either (a) or (b) as necessary}
(a) the normal office hours of {company name} (between [time] to [time] from [day] to [day] inclusive, being [x] hours per week) and, in addition, such other times as may reasonably be required by {company name} having regard to the duties and responsibilities of the position; or
(b) {insert the expected hours of work} and, in addition, such other times as may reasonably be required by {company name} having regard to the duties and responsibilities of the position.
6.2 We may make reasonable changes to your normal hours of work, following consultation with you.
6.3 You are entitled to an unpaid meal break of {insert} which is to be taken at a convenient time appointed by us. A break of {insert} minutes morning and afternoon shall be allowed for refreshments and must be taken at a convenient time appointed by us.
7.0 REMUNERATION and expenses
7.1 Your salary shall be $[ ] gross per annum {or delete as applicable} you shall be remunerated at a wage rate of $[ ] per hour, payable to your nominated bank account (minus tax and any other lawful deductions) in equal [monthly/fortnightly] instalments.
7.2 We will supply you with written details showing how your salary is {delete as applicable} wages are compiled on your request or when there is a change to your remuneration (e.g. following a review).
7.3 We shall review your salary on an annual basis, around the time of your performance review. Any salary increase remains solely at our discretion.
7.4 {optional clause - Bonuses}{Note that if a bonus is paid it may have to be factored into subsequent holiday pay payments, depending on whether the bonus is discretionary. If the bonus is discretionary, you need not factor it into the calculation of holiday pay. For example, if you can choose not to pay any bonus, even if the employee and the organisation have performed really well, you need not factor any bonus awarded into holiday pay. However, if you have agreed to pay a bonus depending on the employees or the organisations performance, the bonus is not discretionary and any bonus paid has to be factored into subsequent holiday pay payments}
{For a discretionary bonus} In addition, bonuses may be awarded from time to time at our discretion. We may set performance or other criteria to help determine whether and how much of a bonus should be paid. However, because the bonus is discretionary, these criteria are a guide only and we may decide to not pay a bonus or to apply different criteria where we consider that to be in the best interests of the organisation.
{OR, if there is a policy in place} In addition, bonuses may be awarded from time to time in accordance with our bonus policy.
7.5 The remuneration received by you pursuant to this agreement shall be deemed to compensate you fully for all time worked and all duties and responsibilities performed under this agreement.
7.6 You will be reimbursed for actual and reasonable expenses properly incurred whilst on agreed {company name} business, provided that you obtain consent in advance of incurring such expenses and promptly provide {company name} with written receipts.
8.0 DEDUCTIONS
8.1 Where any money is owed by you to us (including any overpayment) during your employment or upon termination of your employment we may deduct that money owed from your pay. We will give you written notice of the deduction and the reason for it.
9.0 PERFORMANCE REVIEW
9.1 We shall prepare an annual Performance Agreement with you that details:
(a) the objectives of your position for that year; and
(b) the process and criteria by which your performance is to be assessed for that year.
9.2 The Performance Agreement shall relate to the duties and responsibilities that reasonably attach to your position.
9.3 Our decision on the contents of any Performance Agreement shall be final, but we will consult with you on the contents of the Performance Agreement, and consider your views before finalising the Performance Agreement.
9.4 We will, from time to time, review, either generally or in respect of any particular matter, your performance in carrying out the duties and responsibilities of the position.
9.5 In reviewing your performance we shall, in addition to any other relevant matters, take into account your Performance Agreement.
10.0 HOLIDAYS AND LEAVE
10.1 You are entitled to holidays and leave in accordance with the Holidays Act 2003. The following clauses summarise some of the main entitlements. We are happy to answer any questions you might have about your entitlements. For more information you can contact the Department of Labour on its Employment Relations Infoline, 0800 800 863, or you may want to visit the Departments website, www.ers.dol.govt.nz. If you are a union member you may also want to contact your union.
10.2 To the extent that entitlements under the Holidays Act 2003 change, we may change the following provisions in line with any changes to the Holidays Act amendments, following consultation with you.
11.0 ANNUAL HOLIDAYS
Entitlement
11.1 After completing 12 months continuous employment, you are entitled to four weeks annual holidays in accordance with the provisions of the Holidays Act 2003. Note that week means your ordinary working week.
11.2 You will be paid for annual holidays when you take your holiday, in accordance with your normal pay cycle.
When annual holidays should be taken
11.3 Where you wish to take annual holidays, you are required to provide a minimum of two weeks notice in advance to us requesting leave on specific dates.
11.4 Generally, we will try to accommodate your requests for annual holidays and seek mutual agreement as to when you will take your annual holidays.
11.5 Where we are unable to agree mutually when annual holidays will be taken, or if we have an annual closedown period, we may require that you take annual holidays by giving you 14 days notice in writing.
11.6 It is important that you be refreshed and relaxed, so we encourage you to use all or most of your holiday entitlement each year
11.7 On termination of this agreement, we will pay any outstanding annual holidays owed to you in your final pay.
{optional clause} Cashing up some of your annual holidays
11.8 The Holidays Act allows up to one week of annual holidays to be cashed up each year if an employee requests in writing that they be cashed up and the employer agrees. {Either} However, our policy currently is that we will not agree to our employees cashing up any of their annual holidays, as we prefer that they have a full four weeks of holidays available. {OR} Currently, we have a policy that enables annual holidays to be cashed up where we consider that to be appropriate. The policy provides guidance on making a request, and the types of situations in which we are likely to agree or not agree to a request.
12.0 PUBLIC HOLIDAYS
12.1 In addition to annual holidays, you are entitled to public holidays in accordance with the Holidays Act 2003. You are entitled to a day off on your relevant daily pay where a public holiday falls on a day that would otherwise be a working day for you.
12.2 We may require you to work on a public holiday if the public holiday would otherwise be a working day for you. We will consult with you, where practicable, if we anticipate that you will be required to work on a public holiday.
12.3 If we expressly require or approve your working on a public holiday, you shall be paid at the rate of time and a half for time actually worked on that day. In addition, if the day would otherwise be a working day for you, an alternative holiday shall accrue to be taken at a mutually agreed time.
{optional clause} Transferring public holidays
12.4 The Holidays Act allows a public holiday to be transferred to another day if an employee requests in writing that it be transferred and the employer agrees. {Either} However, our policy currently is that we will not agree to employees transferring a public holiday to another day, as we prefer our employees to celebrate public holidays on the same day as most other people in the community. {OR} Currently, we have a policy that enables public holidays to be transferred where we consider that to be appropriate. The policy provides guidance on making a request, and the types of situations in which we are likely to agree or not agree to a request.
13.0 SICK LEAVE
13.1 After completing six months continuous employment, you are entitled to five days sick leave per annum in accordance with the Holidays Act 2003. Sick leave can be used when you are sick or injured, or where your spouse, partner or a dependent person (such as a child or elderly parent) is sick or injured and needs care.
13.2 Up to 15 days sick leave may be carried over from one year to the next up to a maximum of 20 days current entitlement at any one time.
13.3 We may require that you provide us with a medical certificate if you take sick leave and:
(a) you have been sick or injured for three or more consecutive days (this will be at your cost); or
(b) you have used more sick leave than you are entitled to under the Holidays Act (this will be at your cost); or
(c) we otherwise want you to provide us with a medical certificate to support your sick leave. In this instance, we will inform you as soon as possible of the need for a medical certificate, and will meet your reasonable expenses in obtaining that.
13.4 In addition, where we have concerns about your fitness for work, we may request that you consult or be examined by one or more health professionals nominated or approved by us, at our cost, to provide advice to both parties about your health and fitness for work, and to suggest ways of managing your illness, injury or condition while at work. We may make this a condition or your remaining at work or returning to work from sick leave.
14.0 BEREAVEMENT LEAVE
14.1 After six months continuous employment, you are entitled to take up to three days paid bereavement leave (either together or separately) for any purpose genuinely relating to the death of your spouse or partner, parent, child, sibling, grandparent, grandchild or your spouses or partners parent, in accordance with the Holidays Act 2003.
14.2 In addition, you may be entitled to one days bereavement leave on the death of any other person. In deciding whether you have suffered a bereavement, we will take into account the following factors:
(a) the closeness of the association between you and the deceased person;
(b) whether you have to take significant responsibility for all or any of the arrangements for ceremonies relating to the death; and
(c) any cultural responsibilities you may have in relation to the death.
15.0 PARENTAL LEAVE
15.1 The provisions of the Parental Leave and Employment Protection Act 1987 apply to this agreement.
16.0 {optional clause} JURY SERVICE
16.1 If you are required to attend jury service, we will pay you for each days jury service at an amount being the difference between your relevant daily pay and any payment that you receive for attending jury service, for a maximum of {number} days. You agree that we may request that you be excused from jury service to meet business demands.
17.0 HEALTH AND SAFETY
17.1 We will provide you with a safe working environment in accordance with the Health and Safety in Employment Act 1992.
17.2 In order to establish and maintain good and safe working conditions, we will formulate, with the assistance of employees, a set of policy guidelines to ensure that high standards of health and safety are maintained in the workplace.
17.3 You shall comply with our health and safety policies as varied from time to time and observe appropriate practices with respect to health and safety, including when working on or at client sites.
18.0 PROPERTY
18.1 Upon the termination of this agreement, or upon request, you shall immediately deliver to us any property of ours including keys and swipe cards that may be in your possession or under your control. If you fail to comply with this clause, we may (without limiting our other options) deduct the replacement value of the property from any money we owe you.
19.0 POLICIES AND PROCEDURES
19.1 You shall comply with all of our procedures or policies in place and as amended from time to time.
20.0 CONFIDENTIALITY
20.1 You agree that you will not at any time, whether during the term of this agreement or after your employment has terminated, disclose to any person any confidential information you obtain during your employment with us, except:
(a) for the purposes of obtaining legal or financial advice; or
(b) if such information is in the public domain, other than due to a breach of this clause by you; or
(c) as otherwise required by law.
20.2 Unless otherwise agreed in writing, all confidential records, documents and other papers together with any copies or extracts thereof, and whether held electronically or otherwise, made or acquired by you in the course of your employment shall be and shall remain the property of {company name} and must be returned to us on termination of your employment, or upon request.
20.3 For the purposes of this agreement, confidential information includes, but is not limited to:
(a) any information not known generally outside our business that relates to any of our business affairs, finances, trade secrets, intellectual property, related companies (as that term is defined in the Companies Act 1993), employees, contractors or customers;
(b) {specify any particular confidential information of concern}; and
(c) the terms of this agreement.
20.4 You shall not make any comment or statement (whether or not in writing) about {company name} or any of its activities to the media without the prior approval of the Chief Executive Officer..
21.0 OWNERSHIP OF WORK
21.1 Any intellectual property (including any copyright work) created in the course of your employment will belong to us from the time that the intellectual property is created.
21.2 You waive all moral rights in any copyright work covered by this clause.
21.3 You agree at our request (and our cost) to complete and sign any documents and do anything else that we consider necessary to ensure that these intellectual property rights are vested in us.
21.4 These intellectual property provi sions will continue to apply after termination of our employment relationship and regardless of any dispute.
22.0 SECONDARY EMPLOYMENT
22.1 Unless otherwise agreed in writing, you must work exclusively for us throughout the term of your employment and not directly or indirectly be engaged in any other employment, work or business for which you receive payment..
23.0 CONFLICT OF INTEREST
23.1 You shall disclose to us, in writing, all interests of you and of your immediate family which may conflict with our interests. You shall make the first declaration of such interests on signing this agreement and thereafter at our request, or upon becoming aware of any interest of yours or of your immediate family that may conflict with our interests. You agree to take such steps as we may reasonably require to resolve or manage any such conflict.
23.2 Without our prior approval you shall not engage in any activity, paid or unpaid, which impinges upon or is likely to impinge upon, the proper performance of your duties and responsibilities under this agreement.
23.3 If we form the opinion that any activity engaged in or about to be engaged in by you impinges upon, or is reasonably likely to impinge upon, the proper performance of your duties and responsibilities under this agreement, we may, after considering any comments from you, direct you to cease or refrain from such activity and you shall act accordingly.
24.0 TERMINATION OF EMPLOYMENT
24.1 This agreement may be terminated at any time by either party giving not less than four weeks written notice of termination to the other party. We may choose to pay you in lieu of you working some or all of that notice period.
24.2 {Optional clause} Where we consider it necessary to protect our interests, we may require that you go on garden leave for all or any part of any notice period. During any period of garden leave, we are not obliged to provide you with work and may require you to stay away from the workplace and not to communicate with our employees, stakeholders or athletes. We may also require you to:
(a) attend the workplace for specified periods;
(b) undertake specified tasks; and
(c) provide us with information or assistance as we consider appropriate.
Serious misconduct
24.2 Notwithstanding the clause above, if you engage in serious misconduct we shall be entitled to terminate your employment summarily (without notice).
24.3 Serious misconduct shall include (but not be limited to):
(a) any material breach of the terms of this agreement;
(b) any dishonesty or theft;
(c) any situation where you behave in a manner likely to bring you, or {company name}, into disrepute;
(d) falsification of {company name}s records;
(e) wilful damage of our property;
(f) unauthorised absence from work;
(g) any acts of violence, threatened violence or harassment (including sexual harassment) against another employee, contractor, customer or potential customer of {company name} whilst in the course of your employment;
(h) being drunk or using, or being in possession of, illegal substances or drugs whilst in the course of your employment;
(i) wrongfully disclosing confidential information;
(j) any misrepresentation (express or by omission) during the recruitment process; or
(k) the inappropriate use of electronic media, including computers and the internet.
Suspension
24.4 If it is alleged that you have engaged in misconduct or serious misconduct, we may, after consulting you, suspend you pending the outcome of any investigation by us into that alleged misconduct or serious misconduct. Normally, any suspension will be on full pay. However, in circumstances where the suspension has been or is likely to be prolonged (for instance where there is an intervening criminal investigation, or where you fail or are unable to take full part in the investigation process) we may, again after consulting you, suspend you without pay.
Termination for incapacity
24.5 We may terminate your employment on notice (above) by reason of incapacity if we consider, on reasonable grounds, that you are no longer able, as a result of mental or physical illness, injury or impairment, to perform properly your duties and responsibilities under this agreement. Without limiting this clause, we may terminate your employment if you are unable to perform properly your duties and responsibilities for a continuous period of {time period e.g. six weeks} or for periods cumulatively totalling {time period e.g. three months} in any twelve month period.
24.6 Before terminating your employment for this reason, we may request that you consult or be examined by one or more health professionals nominated or approved by us, at our cost, to provide advice to both parties about your health and fitness for work, and to suggest ways of managing your illness, injury, impairment, or condition on returning to work. We may make this a condition of your returning to work. We may also take into account any other relevant information you care to provide, including other professional advice. If you choose not to consult or be examined by a health professional as requested, we may make our decision based on the information available, and draw whatever inferences are appropriate and reasonable in the circumstances.
Redundancy
24.7 We may terminate your employment for redundancy, in which case the redundancy provisions of this agreement will apply.
Abandonment of employment
24.8 If you are absent from work for a period exceeding three consecutive working days without notifying us, you will be deemed to have terminated your employment without notice. We will endeavour to contact you before relying on this clause.
Termination for other reasons
24.9 We may terminate your employment on notice (above) for other reasons, including (but not limited to) misconduct, poor performance, incompatibility, conflict of interest or a breakdown in trust and confidence.
25.0 REDUNDANCY
25.1 We may terminate your employment for redundancy if your position becomes surplus to our needs, as we see those.
25.2 If we believe your position may become surplus, we will consult with you prior to deciding whether or not to disestablish the position.
25.3 If your position is made redundant, we will provide you with four weeks notice of termination, some or all of which we may pay in lieu. This notice period is in place of and not in addition to the notice period set out above. You shall not be entitled to redundancy compensation.
26.0 TRANSFER OF BUSINESS
Restructuring
26.1 In the event that our business undergoes a restructuring (as defined in section 690I of the Employment Relations Act 2000), being:
(a) entering into a contract or arrangement under which our business (or part of it) is undertaken by another person (the new employer); or
(b) the sale or transfer of our business (or part of it) to another person (the new employer),
then the employee protection provisions below will apply.
26.2 A restructuring does not include situations where:
(a) a contract or arrangement under which we carry out work on behalf of another person is terminated; or
(c) any contract or arrangement for sale or transfer is entered into, made or concluded after {employer name} has been adjudged bankrupt or is in receivership or liquidation.
Negotiation with new employer
26.3 In the event of a restructuring which will affect your continued employment with us, we will meet with the new employer to discuss the possibility of you (and other employees) being employed by the new employer.
26.4 We will negotiate with the new employer to determine the following matters:
(a) whether you will be offered employment by the new employer and if so, on what terms (including whether you will be offered the same terms and conditions of employment); and
(b) whether your service with us will be treated as continuous service by the new employer.
Process to determine entitlements for non-transferring employees
26.5 Where your position is affected by a restructuring, and you will not be transferring to the new employer, we will meet with you to discuss your entitlements and options, including any redeployment options. For the avoidance of doubt, this does not impose an obligation on us to pay redundancy or any other form of compensation for the loss of your employment.
Vulnerable employees
26.6 If you are covered by Schedule 1A of the Employment Relations Act 2000 (mostly cleaners and caterers), a different process to the one set out above applies in a restructuring. We will provide you with relevant information about the applicable process.
27.0 {optional clause} FORCE MAJEURE
27.1 Neither party will be liable to the other for any failure to perform the partys obligations under this agreement by reason of circumstances beyond the partys reasonable control, including (but not limited to) natural disaster, health epidemic or pandemic, governmental actions or war (force majeure event). The party affected must:
(a) notify the other party as soon as practicable after the force majeure event occurs, and provide information concerning the force majeure event, including an estimate of the time likely to be required to overcome it;
(b) take all reasonable steps to overcome the force majeure event and minimise the loss to the other party; and
(c) continue to perform that partys obligations as far as practicable.
27.2 Without limiting this clause, you acknowledge that we will not be required to provide you with work or pay your remuneration, and you will not be required to work, where work is not available for you or you are unable to work due to a force majeure event.
28.0 RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS
28.1 If you believe that you have a personal grievance or any other employment relationship problem, we encourage you to try and resolve it directly with the person with whom you think you have the grievance or problem. You may choose to do this verbally or in writing. You may also seek the assistance of your manager to facilitate a resolution.
28.2 Schedule 2 to this agreement contains a plain language explanation of the services available for the resolution of employment relationship problems.
28.3 If you cannot resolve the grievance or problem you think you have, then you must refer it to your manager before taking any action in the Employment Relations Authority or the Employment Court under the Employment Relations Act 2000. Such referral must be made to your manager as soon as possible but no later than 90 days from the date on which the alleged grievance or problem occurred or came to your notice (unless otherwise agreed in writing by your manager). This referral shall be considered to be the raising of a grievance by you under section 114(2) of the Employment Relations Act 2000.
29.0 COMPLETE AGREEMENT/VARIATION
29.1 This agreement sets out the whole of the agreement between you and us. It replaces any previous written or oral agreements or understandings.
29.2 Any variation to this agreement must be recorded in writing and signed by both parties before it is valid.
30.0 ACKNOWLEDGEMENTS
30.1 By signing this agreement you acknowledge and confirm that:
(a) you have read, understood and agreed to its terms;
(b) you have been advised of your entitlement to take independent advice about this agreement and have been given a reasonable opportunity to do so before signing;
(c) the information you have provided to us in connection with your appointment is accurate and not misleading;
(d) you are fit to carry out all of the duties and responsibilities of the position and, to the best of your knowledge, you have not had and do not have any undisclosed medical condition that may impact on your ability to carry out those duties and responsibilities; and
(e) you have no conflicts of interest.
Signing of agreement
SIGNED by:
(The Employee)
Name:
Date:
On Behalf of {company name}SIGNED by:
Name:
Position:
Date:
SCHEDULE 1
POSITION DESCRIPTION (insert here)
\\\\
SCHEDULE 2 Resolution of Employment Relationship Problems
As required by section 65(2)(a)(vi) of the Employment Relations Act 2000 the following is a plain language explanation of the services available for the resolution of employment relationship problems.
The following are the options available to employees who believe there is an employment relationship problem.
{Employer name} encourages employees to check their facts before taking things further.
For additional information:
Contact the Employment Relations Info line Call free 0800 800 863.
Visit the website at HYPERLINK "http://www.ers.dol.govt.nz" www.ers.dol.govt.nz.
Get pamphlets/fact sheets from Employment Relations Service offices.
Talk to a lawyer, community law office or industrial relations consultant.
Employees are encouraged to talk to their manager or an appropriate person in the organisation. It is ideal if we can solve our own problems quickly and fairly wherever possible.
If the problem cant be solved internally, the Mediation Service run by the Department of Labour can be accessed. The Mediation Service provides information about employment rights and obligations, as well as providing impartial mediators to help solve the problem.
If the Mediation Service does not provide a solution, the Employment Relations Authority may be approached for help. Employees taking this more formal step may wish to have someone representing them. The Authority will investigate the problem and make a decision.
If the decision is not satisfactory to the employee, the problem can then be taken to the Employment Court or ultimately to the Court of Appeal.
If an employee has a personal grievance it must be raised within 90 days after the action complained of, or the date the employee became aware of it (unless the employer accepts the grievance or there are exceptional circumstances as set out in sections 114 and 115 of the Employment Relations Act 2000).
If an employee believes they have a personal grievance based on discrimination or sexual harassment they may be able to make a complaint under the Human Rights Act 1993. A personal grievance cant be referred to both the Human Rights Commission and the Employment Relations Authority.
If the problem is about minimum entitlements under the law, a Labour Inspector can be contacted to enforce employee rights under minimum rights legislation, such as the Minimum Wage Act 1983 or the Holidays Act 2003.
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