Employment Law

You have received the following email from the CEO of Alliance Systems Ltd, the organisation

you work for:

Dear HR Manager

We are planning to offer Ms Daniel Sylvester a role to replace Belinda Brown, who will not

be returning to work for the next 12 months. Ms Sylvester will work full time.

Start Date: 10 July 2022

Salary - $50,000 per annum.

Trial Period: 3 months

Term: 12 months from commencement date to relieve permanent

employee, who is on long term medical leave

The responsibilities of the replacement employee will include preparing monthly financial

reports using our customized accounting package, ensuring sound financial performance of

the business and ensuring that relevant health and safety legislation is complied with.

It is vital that the new staff member is a good performer and gets on well with the rest of the

team. How can we make sure that we can get rid of the replacement employee if she does

not perform well? I think we would know after about 3 months.

Could you please draft a suitable employment agreement covering the points listed below.

You will find a standard agreement at https://www.employment.govt.nz/starting-

employment/employment-agreements/employment-agreement-builder/

All the best

Tanya Collins, CEO

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Required:

You are to briefly explain the following points 1-4.

Note: DO NOT draft an employment agreement

1. Briefly explain fixed term agreements, including the bargaining process and the

obligations of the employer regarding the completed agreement. Note: Only focus on the

law for an Individual Employment Agreement (IEA). ANSWER

2. Briefly explain "good faith" in the context of New Zealand employment law and the

current agreement.

ANSWER

3. Briefly explain the law regarding 90-day trials. Include reference to the recent change in

legislation and the legal position if Alliance Systems Ltd is to insert a 3-month trial

clause into the IEA.

ANSWER

4. Briefly describe minimum legal requirements on wages, holidays and leave

entitlements. Refer to relevant legislation.

ANSWER