· The status of a collaborator as an occasional or permanent burner is determined by the facts. In the absence of a written employment contract and even when a worker is designated as a casual worker, that person may be considered a permanent employee if it is established that he or she is working regularly for the employer. However, if such a worker has signed an employment contract that qualifies casual employment, it will be more difficult, but not impossible, to argue that such employment is indeed permanent. An individual employment contract is a contract between an employer and an individual agent. The details of the contract apply only to this employee. Jon, a natural science teacher, will be offered a permanent job at a local school near Cromwell. He tells the principal of the school that he wants to review the collective agreement before signing his letter of offer. The director agrees. A written employment contract is a legal condition and a good basis for a working relationship. It helps you and your co-worker to be clear: the distinction between permanent and casual work is essential for the implementation of the Employment Relations Act 2000. If a person is considered a casual worker, it is unlikely that the personal redress procedures available under the Labour Relations Act 2000 (particularly in the case of unfair dismissal) will apply to the same extent as permanent workers, simply because casual work is unreliable and does not guarantee. It is recommended that a casual employment contract detail an employee`s work schedules.
This should be clear: whenever a casual case appears at work, can be considered a separate agreement, advise the experts of the New Zealand law firm Bell Gully. Learn more about hiring temporary employees, including examples of what needs to be put into the employer agreement. Part of the confusion is that New Zealand`s labour legislation does not define the idea of “casual worker” as clearly and comprehensively as other forms of employment. READ MORE: Why employers should include a bargaining contract However, casual workers are entitled to a fair dismissal process, even if an employer might, on the face of it, think that it may “choose and choose” whether or not to offer a job to the casual worker. If the employer believes that the benefit of a casual worker is not in accordance with the required standards, it is best advised to address performance issues and pursue a fair disciplinary procedure that may include dismissal rather than keeping the employment contract open and not simply asking the worker when the work is available.