Casual Employment Individual Agreement 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 August 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 Individual Employment Agreement between an Employer and an Employee 1 The Parties 1.1 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 casual orchard worker. 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 sighted at the staff induction. 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. 3 Nature and Term of the Agreement 3.1 Trial Periods A trial period will apply for a period of NOT EXCEEDING 90 CALENDAR 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. 4 The Place of Work 4.1 Flexible Location The parties agree that the Employee shall perform their duties at McShane Road, and at any other reasonable location to which they may be directed from time to time by the Employer. 5 Hours of Work 5.1 Casual Employment with no minimum number of hours of work The parties agree that because the Employee is being employed on an as required basis, the Employee has no fixed hours of work, nor any minimum number of hours of work. The hours of work and days to be worked will be as agreed between the Employer and Employee from time to time. The Employee shall take all reasonable steps to be available when required. 6 Wages/Salary/Allowances 6.1 Hourly Rate The Employee shall be paid according to an hourly rate which shall be $__________ per hour. The Employee's pay shall be paid fortnightly on Tuesday which payment will be made automatically into a bank account nominated by the Employee. 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 in their final pay. The amount of holiday pay is 8% per hour of work, which shall be paid less tax.. The Employee's pay slip will identify the Employee's base hourly rate, and the separate holiday pay. 7.2 Payment for work on a Public Holiday The employee shall be entitled to be paid for the time actually worked on a Public Holiday at the rate of time and a half of their relevant daily pay, or time and a half of the portion of average daily pay (if applicable) that relates to time actually worked on the day 29/10/14 8 Health and Safety 8.1 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 Restructuring and Redundancy 9.1 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. 9.2 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. 9.3 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. 10 Termination of Employment 10.1 Termination of trial period The employer may terminate the trial period by providing 2 hours notice to the employee within the trial period 10.2 Obligations of Employee on Termination Upon the termination of this agreement for whatever reason, or at any other time if so requested by the Employer, the Employee shall 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, and laptop computers) either belonging to or the responsibility of the Employer and all copies of that material, which are in the Employee's possession or under their control. 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 12.1 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:.............................................................. 29/10/14 Date:........................................................