Media Release (For immediate release)
Employment law fails seasonal workers
A recent ruling by the Employment Court highlights that employment law doesn’t adequately accommodate seasonal and
casual workers.
The ruling was in favour of a seasonal worker who was not selected for a 2011 season contract by Talley’s in Motueka
after 10 years of almost continuous service in which she worked on average 40 hours per week.
“The agricultural and horticultural industries employ a large number of seasonal or casual staff.
Considering that New Zealand’s economy is tied to those industries, this is something that needs to be sorted out,” says
Max Whitehead of the Whitehead Group and Independent Business Federation.
Mr Whitehead says that employers will need to be more cautious when drafting up employment contracts for seasonal and
fixed-term employees. He says that a fixed-term employment agreement needs to pass two tests: 1. It must be very
specific about how the contract will come to an end and specify events or dates and provide detailed circumstances, etc.
2. There must be a genuine reason for the employment agreement to be for a fixed term.
“The Employment Court ruled in this case the casual employment agreement failed those two points,” he says.
“This will open the doors for casual employees and seasonal employees, to now claim they are full-time employees and
challenge their employers should they not be re engaged on the next occasion."
ENDS