We believe that it is vital that performance reviews (as distinct from salary reviews) are carried out regularly, and at the very least on an annual basis. Regular performance reviews serve to identify employees who may require performance management and assistance, as well as give the employees the opportunity of providing feedback regarding their role. Such information gives insight into company morale, as well as information that can be used when considering any restructuring/ future staffing needs. Salary reviews can be tied into performance reviews.
If you would like to discuss any issues arising from performance reviews, or how to carry those out, please feel free to call us.
Frequently Asked Questions
Normally an employee will have an individual employment agreement. Collective employment agreements tend to be the domain of union-based workers.
Individual employment agreements need to be in writing and signed by you and your employee. It should include:
- employer and the employee names
- job description
- hours and location of job
- the wages or salary that you will pay to the employee, as well as incentives such as bonuses
- redundancy clause
- jargon-free explanation of the services available for employment relationship problems
- any trial period
It is sometimes tempting to use an agreement you have had for many years, a generic 'template' agreement, or one taken from a mate of a mate. It is vital the agreement correctly records the specific terms of the employment relationship, as mistakes can be costly. A bespoke employment agreement will contain clauses to give you more power and confidence.
It is best to get these drafted by a professional to tailor to the needs of your workplace and taking into account any special policies in place (such as staff discounts, use of company vehicles, or bonus provisions), or requirements specific to your workplace, such as health and safety policies and restraints of trade.
Caution must also be exercised with fixed term and casual agreements as both have specific contractual requirements. If these requirements are not fulfilled then the employer faces the possibility of having its powers under those agreements eroded.
Provided that an offer of employment has been made, and accepted, your employee is "a person intending to work" whether or not they have signed an employment agreement.
Be aware that an employee who does not have an agreement prior to beginning work may then bargain on each and every point in the agreement, when it is presented after commencement of employment. The employer and employee may then negotiate over the terms until they come to agreement.
From 1 July 2011, it was mandatory a signed employment agreement is held on file by you for every employee. This will include casual, part-time, fixed term and permanent employees.
There are many reasons you may need a lawyer in employment matters. It is an unfortunate reality that things don't always work out in the workplace.
In recessionary times it is unfortunate that sometimes work may dry up and you end up overstaffed. Or, you may decide to take your business in new directions and plan to reduce your workforce. Either way, you will probably be looking to make various positions redundant.
If you are in this position, you need to consider a few aspects:
- Your staff's position must genuinely be surplus to requirements
- There needs to be a genuine business reason to end a position. So you can't get rid of a position and then re-advertise the role when it is virtually identical to the previous position.
- The position redundancy can not be related in any way to performance of your staff
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“To Michael Robinson – I wanted to thank you and your colleagues for many years of excellent service to the Bank. You have an outstanding business that has proved to be one of the most reliable and ethical businesses that Collections have dealt with in the almost 9 years I was with the Bank.”
“Joy, we cannot thank you enough for your help with our purchase! You have been wonderful to deal with and so proactive (and patient with my numerous emails). We will be visiting NZ in April so will make sure we drop in to thank you in person.”
“John is very easy to talk to, he never makes you feel dumb, and never makes you feel like you are wasting his time for asking questions. He explains everything very clearly, every time. John's support staff are also very efficient and so easy to deal with. No detail is missed when dealing with them. My husband and I are fans of them all :)”