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Types Of Employment And Employment Contracts Notes

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This is an extract of our Types Of Employment And Employment Contracts document, which we sell as part of our Labour Law Notes collection written by the top tier of University Of Otago students.

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22nd March Tuesday, 22 March 2011 12:00 p.m.


1. Types of Employment and Employment Contracts A. Permanent fulltime employment

* This is the default type of employment.

* Employment of indefinite duration.

* A variety of this is permanent part-time employment. A. Casual employment

* As and when required basis.

* Each engagement/shift that the worker works constitutes a separate contractual relationship.

* The employer is never under any legal obligation to offer you more work; the employee is never obligated to show up for more work.

* Can be hard to determine whether you're dealing with casual work or permanent part-time work. This is particularly with 'regular casuals'. One can evolve into the other. o Butler

Farm hand. Found to be a true casual. No regularity or continuity in the work.

No expectation of continued work. A. Fixed term employment

* Can be full or part time.

* S66 ERA

* There are different ways in which a term can be fixed. o Work which ends at a specified date. o Employment can end on the occurrence of a specified event. For example, replacement for maternity leave. o Completion of a specified project.

* There are rules about when you can have fixed term employment: o Have to have genuine reasons based on reasonable grounds. ("I'd like to try you out" does not count.) o Fixed term employment must be specified in writing. o Specification in writing of the way in which employment will end and the reasons for ending it in that way. o If this stuff isn't in writing, the default position is that the employee has permanent fulltime employment. See Clarke case.

* If you have fixed term employment and employment is supposed to end at a particular point ascertained in the contract, and the employee works beyond that point, the employee then enjoys permanent fulltime employment. A. Probationary employment

* S67 ERA.

* Employer can require probationary period before employment becomes permanent.

* No legal requirement relating to how long the probationary period must be.

* Must be in writing.

* Employer has to help you to secure permanent employment - for instance giving you further training. Still have to get warnings, can't just be sacked.

* Easier to sack for non-performance, but still procedural requirements.

* Nelson Air Limited

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