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Blog - Category: Employment Law

The importance of a written employment agreement

A frequent problem I see when dealing with personal grievances is the lack of a written employment agreement.

Under s 65(1)(a) of the ERA 2000 an individual employment agreement must be in writing. If an employer has failed to provide a written employment agreement, the court may resolve any disputed claim under an employment agreement in favour of the employee. Claims for a personal grievance alleging breach of an unwritten employment agreement are often made with an application for penalty for breach of the statute.   In Park v Brand Works Ltd the employer was ordered to pay a penalty of $2,500 (payable entirely to the employee) for failing to provide a written employment agreement.  The maximum fine is $10,000.

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Rupert Ward Barrister

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