Hand Pickers Contract

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Start Date __________________________
Employee Code __________________
EMPLOYEE DETAILS AND RECORD FORM
FAMILY NAME: __________________
FIRST NAME: ______________________
ADDRESS: _________________________________________________
M/F
NATIONALITY: ______________________ PASSPORT #:____________________
DATE OF BIRTH: _______________
MOBILE: ______________
AGE: ____ Home Phone:______________
EMAIL FOR PAYSLIPS: ____________________
JOB APPLIED FOR: _____________________________________________________________
(If applying for a drivers position, please state classes/endorsements and attach copy of license) :___________________
What previous experience have you acquired relevant to our berry garden?
__________________________________________________________________________________________________
IRD NUMBER:
-
BANK ACCOUNT NO:
_____________________________________________________
All wages will be paid by direct credit to your bank account.
Tax Code ____________
Are you a New Zealand or Australian citizen? Yes / No
If “No”, do you hold a current work visa? Yes / No
Expiry date ________________
Passport/VISA checked by
PERSON TO CONTACT IN THE EVENT OF AN EMERGENCY:
1. ____________________________________________________Ph _______________________
Doctor: ________________________________________________Ph _______________________
Special Medical Conditions: __________________________________________________________
________________________________________________________________________________
Do you have any condition or injury which may affect, or be affected by what you are being employed to do.
(eg. back injury, colour blindness, occupational overuse syndrome) Yes / No
If Yes, what condition / injury? ________________________________________________________
I declare the above information to be correct.
Signed ________________________________
Date ________________________
If any of the above information is found to be incorrect, Tasman Bay Berry Company Ltd will not be liable for any of the consequences
of that information. This information will remain confidential to Tasman Bay Berry Company Ltd and will not be released to another
party, except as required by law. It is Company policy that you may request to view any information about you, held on file, at any time.
Revised Nov 2014
TASMAN BAY BERRY COMPANY LTD
1.
PRE-EMPLOYMENT HEALTH FORM
Have you now, or have you over the last three months suffered from diarrhoea or
vomiting?
YES
If YES, did you have a faeces test?
YES
NO
Was it positive?
YES
NO
NO
Specify the germ … … … … … … … … … …
2.
3.
When in the last 3 months did you suffer from diarrhoea or vomiting?
……………
At present, are you suffering from:
 Skin trouble affecting hands, arms or face?
 Boils, styles or septic fingers?
 Discharge from eye, ear or gums/mouth?
YES
YES
YES
NO
NO
NO
YES
YES
NO
NO
Do you suffer from:


Recurring skin or ear trouble?
A recurring bowel disorder?
4.
Have you ever had, or are you now known to be a carrier of, typhoid or paratyphoid?
YES
NO
5.
Have you suffered from Hepatitis A or symptoms (such as jaundice, nausea, vomiting
etc)?
YES
NO
Do you suffer from any blood borne infections such as Hepatitis B or C, or HIV?
YES
NO
6.
The information provided on this questionnaire is true and accurate and if I am offered employment I agree to comply
with the Sickness and Personal Hygiene Policies and Procedures in the NZ Boysenberry Quality Food Safety Manual.
NAME: … … … … … … … … … … … … Signed: … … … … … … … … Date: … … … …
If the answer to any question is “yes” the individual should not be employed as a food handler until medical advice has
been obtained. For more information contact your local public health unit office (Nelson / Marlborough 03 546 1537)
29/10/14
TASMAN BAY BERRY COMPANY LTD
1 The Parties
CASUAL INDIVIDUAL EMPLOYMENT AGREEMENT
The parties to this employment agreement are:
Tasman Bay Berry Company Ltd, the "Employer"; and _____________________________________________, the "Employee".
2
The Position and the Duties
2.1 Position: The Employee is being employed as a Piecework berry worker, as outlined in the attached job description. The position will start
mid December 2014 and is on a casual, “as required” basis.
2.2 Duties as set out in the job description which may be modified from time to time by the Employer
The Employee shall perform the duties set out in the Job Description attached to this agreement. These duties may be modified and updated by
the Employer from time to time following agreement with the Employee. The Employee also agrees to perform all other reasonable duties and
comply with reasonable instructions issued by the Employer.
2.3 Reporting: The Employee shall report to the Operations Manager or to any other representative of the Employer designated from time to
time by the Employer.
3
Nature and Term of the Agreement
3.1 Casual Individual Employment Agreement (Intermittent)
This Employment Agreement is an individual employment agreement entered into under the Employment Relations Act 2000. The parties to this
agreement agree that the nature of the relationship is a casual "as required" employment relationship. The Employer agrees to provide
reasonable notice to the Employee regarding when they will be requested to perform duties and the Employee agrees to take reasonable steps to
be available for work during the berry harvest. The duration of this casual agreement is as follows.
(i)
The Employer and the Employee are entering into the casual agreement for a fixed period. This period shall start on Mid December and
shall end on Mid January. The reason for the fixed period is the job is completed when all the berries have been harvested.
3.2 Trial Periods
A trial period will apply for a period of 90 days employment to assess and confirm suitability for the position. Parties may only agree to a trial
period if the employee has not previously been employed by the employer. During the trial period the employer may terminate the employment
relationship, and the employee may not pursue a personal grievance on the grounds of unjustified dismissal. The employee may pursue a
personal grievance on grounds as specified in sections 103(1)b-g of the Employment Relations Act 2000 (such as: 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). Any notice, as specified in the employment agreement, must be given within the trial period, even if the
actual dismissal does not become effective until after the trial period ends. This trial period does not limit the legal rights and obligations of the
employer or the employee (including access to mediation services), except as specified in section 67A(5) of the Employment Relations Act 2000.
A probation period will also apply for first 30 days of the of employment to assess and confirm suitability for the position. The employer will provide
guidance, feedback and any necessary support to the employee. Both parties will promptly discuss any difficulties that arise, and the employer will
appropriately warn the employee if he or she is contemplating termination. Any termination must comply with the termination clause in this
agreement. This probation period 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.
4
The Place of Work
4.1 Several Locations: The parties agree that the Employee shall perform their duties at any of the following locations on Paton Road and
McShane Road, as directed from time to time by the Employer.
5
Hours of Work
5.1 Piece Work without set hours: The parties agree that the Employee will be available on an as required basis to meet the deadlines for
delivery of items, with no fixed hours of work.
6
Wages/Allowances:
6.1 Variable Piece Work Payment Rates: For handpicking berries, the Employee will be paid by piece rate, which shall be established the day
picking starts. The rate shall be changeable, depending of factors such as fruit size, quality and crop load. The Employee's pay shall be paid
fortnightly into a bank account nominated by the Employee.
29/10/14
7 Holidays and Leave Entitlements
7.1 "Pay As You Go" Holiday Pay for genuinely casual employees: The Employee is being employed to perform work on a casual as required
basis. The Employer shall, instead of paying the Employee during any periods of annual leave, pay the Employee's holiday pay at the end of their
employment. The amount of holiday pay is 8% of their gross amount, which shall be paid less tax, at the same time as the Employee's final
payment. The Employee's pay slip will identify the amount of holiday pay.
7.2 Public Holidays for Piece Work Employees: Where the work or delivery schedule established under this agreement requires piece work to
be undertaken on a public holiday, payment for piece work on that day shall be made at a rate that is 50% higher than the rate established under
the payment clause above.
8 Restructuring and Redundancy
8.1 Employer to provide information and consider comments in restructuring situations: In the event that all or part of the work undertaken
by the employee will be affected by the employer entering into an arrangement whereby a new employer will undertake the work currently
undertaken by the employee, the employer will meet with the employee, providing information about the proposed arrangement and an opportunity
for the employee to comment on the proposal, consider and respond to their comments.
8.2 Employer to provide employee opportunity to discuss options with new employer in restructuring situations: The employer will
negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions,
and will provide the employee with opportunities to meet and discuss their employment options with a new employer.
8.3 Employer to give employee priority access to other positions if employee not transferred to the new employer: Where the employee
either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will give the employee priority
in accessing other positions within the workplace.
9
Health and Safety
9.1 General Health and Safety Obligations: Both the Employer and the Employee shall comply with their obligations under the Health and
Safety in Employment Act 1992. This includes the Employer taking all practicable steps to provide the Employee with a healthy and safe working
environment. The Employee shall comply with all directions and instructions from the Employer regarding health and safety and shall also take all
reasonable steps to ensure that in the performance of their employment they do not undermine their own health and safety or the health and
safety of any other person.
9.2 Health and Safety Policies: The Employee shall ensure they are familiar with the Employer's health and safety policies, and any
modifications to those policies that may be introduced from time to time.
10 Termination of Employment
10.1 Termination of trial period: The employer may terminate the trial or probation period by providing 2 hours notice to the employee.
10.2 Abandonment of Employment: In the event the Employee has been absent from work for three consecutive working days without any
notification to the Employer, and the Employer has made reasonable efforts to contact the Employee, this agreement shall automatically terminate
on the expiry of the third day without the need for notice of termination of employment.
11 Resolving Employment Relationship Problems
11.1 Short Form: If any employment issues arise, those should be raised with the Employer as soon as possible so that they can be resolved. If
the matter is not resolved either party can seek assistance from the Department of Labour's mediation service. If the issues are not resolved at
mediation, they may be referred to the Employment Relations Authority. If the issue is a personal grievance, the Employee must present that
grievance within 90 days of the event giving rise to the grievance, or after further time if allowed by the Employer or where the Employment
Relations Authority grants an extension of time. If the employee's employment agreement contains a trial period clause, they may not raise a
personal grievance on the grounds of unjustified dismissal. The employee may raise a personal grievance on other grounds as specified in
sections 103(1)b-g of the Employment Relations Act, and in the trial period clause of this agreement.
12 Declaration
I, Tasman Bay Berry Company Ltd, offer this employment agreement to ___________________________________________.
Signed by:.............................................................. Date:..........................
I, _____________________________, declare that I have read and understand the conditions of employment detailed above and accept them
fully. I have been advised of the right to seek independent advice in relation to this agreement, and have been allowed reasonable time to do so.
Signed by:.............................................................. Date:..........................
29/10/14
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