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Fixed Term Employment Agreements Nz

By Zach Arnold | December 8, 2020

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Coverage of another worker on parental leave. It also means that the notice period can be advanced if the employee returns prematurely to parental leave – When a project requires expertise outside the team`s skills – provide enough work for work that can only be done at certain times, for example. B, fruit picking The Authority found its right to the speaker`s benefit and confirmed that the fixed-term agreement was ineffective because it did not comply with the law. It is only to make things a little more confusing that the real reason must be based on reasonable reasons. For example, at New Zealand Educational Institute (Inc) v Board of Trustees of Red Beach School (ERA Auckland AA437/05, November 7, 2005), teaching assistants were employed on fixed-term contracts because the funding was tied to the number of children enrolled. The Labour Relations Authority stated that, although this is a real reason, the role is stable, that there are still waiting lists for places and that variations under the terms of the agreement can be managed for time deviations. While there was a real reason for temporary agreements, this was not based on reasonable reasons. The assistants were therefore permanent employees. When an employer wishes to dismiss a temporary worker before the specified deadline or before the event, the normal procedure for permanent employees must be followed (and there must be a legal reason for dismissal, for example. B serious misconduct). The employer must have real reasons, based on reasonable reasons, for clarifying that the worker`s employment ends in this way, and these reasons must be included in the employment contract, at the same time as the manner in which the employment ceases. However, employers must have a real reason to hire a temporary worker and the reason must be indicated in their contract.

If the reason is not indicated in the fixed-term employment contract, the worker may legally be considered a permanent employee. If an employer wishes to dismiss a temporary worker before the end of his or her period of employment, he or she must follow the same regular process as a permanent worker. The reasons for dismissal must also be legal. B, for example, serious misconduct or performance problems under an appropriate procedure The reason for a fixed duration and end of the mandate is that the worker is employed to pick apples from the employer`s orchard for the 2020 season and that there will be no more work for the worker once all the apples have been picked. The law states that there is no real reason if the purpose of the fixed term is: David does not have enough employees for this job, so he has hired three new employees with two-month contracts. He explains the reason for the fixed duration of his new recruitment and places them in their employment contracts. You know that David cannot guarantee an indeterminate contract or extra work beyond the two-month mark. The Employment Relations Act 2000 (section 66) stipulates that a fixed-term contract must be entered into for “reasonable real reasons,” that the worker must consent to these reasons, and that these reasons and the manner in which the employment contract ends are recorded in writing as part of any fixed-term contract.

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