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INDIVIDUAL EMPLOYMENT AGREEMENT

Individual Employment
Agreement
Melia Marketing Limited (Employer)

Georgia Fenwick (Employee)

Employment Contract – Georgia Fenwick © Essential HR Ltd


INDIVIDUAL EMPLOYMENT AGREEMENT
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TABLE OF CONTENTS

1 Your Role and Remuneration 4

2 Hours of Work 4

3 Trial Period (as envisaged by s67A of the Employment Relations Act) 4

4 The duration and nature of this agreement 5

5 Your responsibilities 5

6 Performance review 6

7 Holidays and other leave 6

8 Breaks 8

9 Expenses 9

10 Transfers 9

11 Email and Internet Use 9

12 Social Networking and Blogging Restrictions 9

13 Termination of employment 9

14 Redundancy 10

15 Your obligations on termination 11

16 Keep information confidential 11

17 Copyright and other Intellectual Property 11

18 Non-Solicitation of Customers and Staff 11

19 Training 12

20 Employment relationship problems 12

21 Health and safety 12

22 Non-Prescribed Drugs, Stimulants and Alcohol Testing 12

23 Extreme Weather Events 13

24 Temporary relief from obligation to pay remuneration 13

25 Your representations 14

26 Smoke free environment 14

27 Privacy 14

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28 Variation 14

29 Severability 14

Schedule 1: Your Package 15

Schedule 2: Job Description 16

Schedule 3: Services Available For Resolution of Employment Relationship Problems 17

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When this document is signed it will become the Individual Employment Agreement between
us and supersedes any written, verbal or past practice between the parties. It will come into
force on the date of commencement as shown on Schedule One and will remain our
agreement until it is replaced or either of us terminates the employment. We both agree
that the provisions of this agreement do not apply in the event that you become covered by
a collective agreement which relates to your employment with us.
In this agreement, unless the context requires otherwise, the terms “we” “us” and “our” refer
to the employer, the terms “you” “your” and “yourself” refer to the employee.

Parties to the Agreement

This agreement is made:

BETWEEN Melia Marketing Limited (referred to as "the Employer")

AND Georgia Fenwick (referred to as “the Employee”)

Terms

1 Your Role and Remuneration


1.1 Your Role: You are employed as a Junior Digital Marketer. A job description providing a
detailed list of your role responsibilities is set out in Schedule 2.

1.2 Your pay and benefits: We will pay you the salary and provide you the benefits set out
in Schedule 1. You agree that deductions may be made from your remuneration for any
time lost through default, sickness or bereavement (where you have no sick leave or
bereavement leave), or agreed leave without pay or, subject to consultation, in instances
of overpayment or in instances where you owe us money. Any other deductions, other
than statutory matters such as Income Tax debts, will require your specific written
approval.

1.3 Annual review: We will review your salary and other benefits annually. You are not
guaranteed an increase in salary or improvement in benefits following your review.

2 Hours of Work
2.1 The Employee will be required to work the hours specified in Schedule One

3 Trial Period (as envisaged by s67A of the Employment Relations Act)


3.1 You will be employed initially, from your first day of work, on a 90-day Trial Period.

3.2 At the end of the Trial Period, or at any time during the Trial Period, we may either:

 confirm your appointment; or

 terminate your employment on giving you the notice specified in Schedule 1.

If notice is given under this clause the employer has the discretion to make payment in
lieu of the employee working out such notice.

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If termination takes place under this clause you are not entitled to bring a personal
grievance for unfair dismissal in respect of the termination.

4 The duration and nature of this agreement


4.1 Indefinite term: This agreement will commence on the Starting Date in Schedule 1 and
continue in force until terminated by either of us in accordance with clause 13.

4.2 Provisions continue: The confidentiality and non-solicitation provisions of this


agreement will continue to have effect after this agreement ceases to be in force.

5 Your responsibilities
5.1 While you are employed by us you must:

5.1.1 perform the services set out in Schedule 2 in a professional manner and to the best
of your ability;

5.1.2 report to work in a condition fit to perform your duties and be ready and willing to
work the hours of work specified in Schedule 1, at the location specified in
Schedule 1;

5.1.3 work sufficient hours to complete your assigned tasks to a reasonable standard and
within reasonable deadlines;

5.1.4 work overtime from time to time in accordance with Schedule 1, in which case we
agree that you will be paid as specified in Schedule 1;

5.1.5 comply with the policies, rules and procedures (our policies) that we promulgate
from time to time. This agreement overrides our policies if they conflict;

5.1.6 not be directly or indirectly interested in any paid or unpaid activity which competes
with our business, or compromises your ability to diligently carry out your
responsibilities to us;

5.1.7 advise us if an immediate family member, partner, friend or close business


associate is or becomes employed by one of our competitors in New Zealand or
Australia to avoid disclosing any commercially sensitive information to our
competitors, even inadvertently.

5.1.8 not demand, claim or accept any fee, gratuity, commission or other benefit from
any person or persons other than the Employer in payment for any matter or thing
associated with your duties, except with the prior written consent of the Employer.

5.1.9 agree to disclose injuries/illnesses previously suffered that affect your ability to
carry out your duties;

5.1.10 not make any statement or take actions intended to, or likely to adversely affect our
business or reputation.

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5.1.11 agree to comply with the company’s car use policy and to hold and continue to hold
a current New Zealand driving licence (if the employee is required to drive a
company vehicle). The Employee must immediately report any loss of their driving
licence (as a result of a criminal conviction or otherwise) or accumulation of demerit
points to the Employer. Loss or suspension of licence may be grounds for dismissal
(summary or otherwise) depending upon the relevant circumstances but will result
in immediate withdrawal of any vehicle issued to the Employee.

5.1.12 Hold and continue to hold any certification required to perform your role and you
must immediately report any loss of certification or change to its scope. Loss or
suspension of licence may be grounds for dismissal (summary or otherwise)
depending upon the relevant circumstances.

6 Performance review
6.1 We will review your performance annually.

7 Holidays and other leave


7.1 Public holidays: You are entitled to up to 11 days as paid public holidays in accordance
with the Holidays Act 2003, or any substituted legislation. Unless otherwise agreed, these
days shall be those listed in the applicable legislation.

7.2 If you are required to work on a public holiday you will be paid the amount of relevant
daily pay plus half that amount again for the hours actually worked. If this is a day on
which you would otherwise have worked, you will also receive an alternative one day paid
holiday.

7.3 Annual leave entitlement: At the end of each 12 months of continuous service with us,
you become entitled to the amount of paid annual leave set out in Schedule 1. It is our
intention to close down over the Christmas period. We will give at least 14 days notice of
this shut down and you will be expected to take annual leave as necessary during this
period. Your annual leave entitlement date will then become the date of the close down
(pro-rata for the first year).

7.4 Taking annual leave: You must take your annual leave in the year in which it falls due.
However, with our consent you may accumulate annual leave from year to year. We will
consult with you about mutually convenient times for you to take annual leave, but failing
agreement we may direct when your annual leave must be taken by giving at least 14
days’ notice.

7.5 Sick leave entitlement: After six months’ continuous service with us, you will be
entitled in each subsequent 12 months’ employment to take up to the amount of sick
leave set out in Schedule  1.

7.6 Bereavement leave: After six months’ continuous service with us:

 you may take up to 3 days leave if an immediate relative, as defined in the Holidays
Act, dies;

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 You may take a further 1 day bereavement leave where any other person dies and
we accept that you have suffered bereavement.

7.7 Accumulation of sick leave: You may accumulate sick leave from year to year to a
maximum entitlement of 20 days.

7.8 Taking sick or bereavement leave: If you take sick leave or bereavement leave you
must:

 if you are absent for 3 or more consecutive days (whether or not those days are
otherwise working days) produce a medical certificate (at your expense) where you
take leave due to a sickness; and

 if we ask for it, produce evidence of any sick leave for less than 3 days (at our
expense); and

 if we ask for it, produce evidence of any bereavement for which you take leave.

 notify us of your absence as soon as possible, personally by phone (not text) and at
least 30 minutes before the start of the working day, unless special circumstances
prevent you from doing so.

Your entitlement to leave under this agreement includes any entitlement under the
Holidays Act 2003 or its statutory equivalent in any substituted legislation.

7.9 Medical certificates – information disclosure

7.9.1 The Employee agrees to authorise his/her medical practitioner to disclose to the
Employer any necessary information in relation to any medical certificate issued,
subject to the following. Information disclosed must meet the standards outlined by
the Medical Council of New Zealand. The information authorised includes:

7.9.1.1 the medical practitioner’s clinical opinion on:

 the duties/activities that the Employee can or cannot safely


undertake;

 the number of hours the employee is able to work; and

 the timeframes related to the Employee’s ability to return to work.

7.9.1.2 whether this is a retrospective certificate; and

7.9.1.3 where comments are based on patient comment and not clinical opinion

7.9.2 A diagnosis is only authorised in circumstances where it relates to a workplace


injury or illness, or where the illness or injury may have a negative impact on co-
workers and/or the public.

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7.10 Family Violence Leave and Flexibility: To be entitled to this leave you must have
worked for 6 months and at least an average of 10 hours a week during that period; and
no less than 1 hour in every week during that period or no less than 40 hours in every
month during that period.

Entitlements are up to 10 days paid leave and a request for short-term temporary
flexibility in working days and/or hours, in each entitlement period.

These entitlements are subject to:

 Requests for any entitlement are made in accordance with the Employment Relations
Act or Holidays Act;

 Production of suitable proof of entitlement, which may be required by the Employer


within three days of the entitlement being requested;

The Employer may refuse to grant a flexible work entitlement according to a non-
accommodation ground set out in the Employment Relations Act.

7.11 Parental leave: The provisions of the Parental Leave and Employment Protection Act
1987 apply if you qualify for parental leave under that Act.

8 Breaks
8.1 The employee is required to take breaks as follows:

8.1.1 One rest break of 10 minutes if the work period is between 2 and 4 hours in length;
or

8.1.2 One rest break of 10 minutes and one unpaid meal break of 30 minutes if the work
period is between 4 and 6 hours in length; or

8.1.3 Two rest breaks of 10 minutes each and one unpaid meal break of 30 minutes if the
work period is between 6 and 10 hours in length; or

8.1.4 Three rest breaks of 10 minutes and one unpaid meal break of 30 minutes if the
work period is between 10 and 12 hours in length; or

8.1.5 Three rest breaks of 10 minutes and two unpaid meal breaks of 30 minutes if the
work period is between 12 and 14 hours in length.

8.2 The timing of rest breaks and meal breaks shall be as agreed between the employee and
his/her supervisor, and this timing shall be consistent with the service requirements of our
business as determined by us.

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9 Expenses
9.1 Any expenses you incur on behalf of the company in the conduct of your employment
shall be reimbursed on an actual and reasonable basis as long as approval was obtained in
advance.

10 Transfers
10.1 We may transfer you to any other location within reasonable commuting distance of your
residence where the duties of the vacant position are the same as, or similar to, the
duties of your current position.

11 Email and Internet Use


11.1 You may have access to email and internet in the course of employment. Both internet
and email on business computers are to be used solely for the purpose of carrying out our
business. Misuse of email and the internet may amount to serious misconduct.

12 Social Networking and Blogging Restrictions


12.1 The following restrictions apply at all times, during and outside work hours.

12.2 Employees are not permitted to refer to the Employer (by name, image, or otherwise) in
any social media forum, except as expressly agreed by the Employer.

12.3 Employees are not permitted to identify (by name, image or otherwise) any client /
supplier / Employee of the company in any way which connects that person / organisation
with the company, except as expressly agreed to by the Employer and the person /
organisation concerned.

12.4 Employees are not permitted to disclose, via any social network media, confidential
information relating to their employment which includes: employment terms and
conditions, policies, rosters, internal communications (including verbal communication,
letters, emails and texts) and any concerns or complaints which the Employee or another
Employee may have against the company.

13 Termination of employment
13.1 By resignation: You may terminate this agreement by giving us the period of written
notice of termination set out in Schedule  1. Should you leave without giving the required
notice period, we may deduct the value of pay for the period of notice not actually worked
from your final pay (including holiday pay) to the extent your short notice has resulted in
specific additional costs to the business.

13.2 By notice for cause: We may terminate this agreement for cause by giving you the
period of written notice of termination set out in Schedule 1.

13.3 Payment in lieu of notice: If you resign or we terminate this agreement, we may pay
you in lieu of some or all of the specified period of notice in which case your employment
would terminate on payment.

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13.4 Working during notice period: We also reserve the right to require you to work from
home during some or all of the notice period and/or to undertake reduced or alternative
duties consistent with our normal operations during the notice period.

13.5 On medical grounds: If you are incapable of performing your duties under this
agreement because of mental or physical illness or incapacity we may terminate your
employment, after due process, by giving you the period of written notice set out in
Schedule 1. Before deciding to dismiss we agree to follow a reasonable process of
consultation and to request you to provide medical reports from your medical practitioner.
To assist us in deciding whether to terminate your employment on these grounds we may
also require you to undergo (at our expense) a medical examination by a registered
medical practitioner. We agree to take into account any reports or recommendations
made available to us as a result of that examination, along with any other relevant
medical reports or recommendations that we may receive.

13.6 Termination for serious misconduct: We may terminate this agreement immediately
without notice for serious misconduct.

13.7 Power to suspend: In the event that we decide to instigate an investigation into
whether or not disciplinary action should be taken against you, we may suspend you from
your duties until we make a decision as to what further action, if any, is appropriate in the
particular circumstances. We will give you written notice of any suspension and, in that
notice, may include such conditions on you as we think fit.

13.8 If, for reasons beyond our control, we are unable to complete our investigation within one
week of the suspension being effected as a result of actions or inactions of the employee,
any continuation of the suspension shall be without pay. Otherwise you shall remain on
full pay during the period of suspension.

13.9 Termination by abandonment: Where you are absent from work for a continuous
period of more than three consecutive working days without our consent and without good
reason, this will be interpreted as you having terminated your employment without notice.
If so, this agreement will be deemed to have been terminated at the end of the third
working day of absence.

14 Redundancy
14.1 No compensation for redundancy: Where the termination of your employment is
attributable wholly or mainly to the fact that your position is no longer required by us, we
will not pay you any redundancy or any other form of compensation for the loss of your
employment.

14.2 External Restructure: If we are contemplating restructuring our business so that your
role may become redundant with us because your duties would be carried out by a third
party, during negotiations with the third party we will raise with them the possibility of
them offering you ongoing employment, including consideration that you may transfer on
the same terms and conditions of employment.

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15 Your obligations on termination


15.1 On termination of your employment you must return all of our equipment and property in
a satisfactory condition before receiving your final pay. If you owe us any money, we
may deduct the amount you owe us from your final pay, including holiday pay.

16 Keep information confidential


16.1 You must keep all information relating to our business, clients and customers strictly
confidential at all times except to the extent that disclosure is necessary for you to
perform this agreement. This clause does not apply to information which is legally
required to be disclosed, or which is generally known by the public other than by a breach
of this clause.

17 Copyright and other Intellectual Property


17.1 You acknowledge that any work you design or produce in the course of your employment
is our sole property and you waive your rights (including copyright and intellectual
property rights) in any of that work. You must not remove any of this work (or copies of
it) from our business premises, other than in the ordinary course of your duties or with
our express consent.

17.2 Information in this context includes programmes, formats, information, strategies,


processes, materials, costs or secrets relating to any aspect of our business or to our
customers, suppliers, or subcontractors. It also includes any ideas and processes made,
conceived, authored or acquired by you during the course of your employment with us,
which shall remain our sole property.

17.3 Any information which you acquire either directly or indirectly as a result of your
employment with us is deemed to be confidential and is to be treated in the strictest
confidence. After termination of your employment you will still not be able to use or pass
on any such information, except where the information is already publicly known.

18 Non-Solicitation of Customers and Staff


18.1 Except with our prior written consent you will not at any time during your employment
with us and for a period of 6 months after your employment with us ceases:

18.1.1 Entice or seek to entice our existing employees to work for any other employer, or

18.1.2 Offer to perform services or supply products (other than services or products not
currently offered or provided by us) or otherwise solicit or entice the custom of; or

18.1.3 Perform services or supply products (except for services or products not currently
offered or provided by us) for; or

18.1.4 Use your name or permit your name to be used for the purpose of or with a view to
obtaining the custom of:

any customer of ours, to whom we have provided services or supplied products during the
period of 6 months preceding termination of your employment.

18.2 It is acknowledged by both of us that the remuneration under this agreement includes a
component in recognition of this restraint.

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Note: This clause has been included in your agreement to protect our interest in our
customers. It does not prevent you from being employed by a competitor of ours. It
specifically deals with approaching our customers or soliciting their custom during the
restraint period but we can agree on variations in specific circumstances.

19 Training
19.1 The Employee will be available to attend training courses as required by the Employer,
the costs of which will be covered by the Employer. Wages will be paid for any course
where the Employee is required to attend during working hours. However, if the course
occurs outside normal working hours, no payment shall be made for time spent in
attendance.

19.2 In the event that an Employee terminates their employment with the Employer within a
period of 3 months of completing a training course, they may, if it was agreed at the
time, be required by the Employer to reimburse to the Employer the full cost of such
training course.

20 Employment relationship problems


20.1 Employment relationship problems will be resolved using the procedures set out in the
Employment Relations Act 2000, or any substituted legislation. A plain language
explanation of how to resolve employment relationship problems is set out in Schedule  3.

21 Health and safety


21.1 Our responsibilities: We accept our responsibility under the Health & Safety at Work Act
2015 to take all practicable steps to ensure healthy and safe systems of work.

21.2 Your responsibilities: You accept your responsibility under that Act to

21.2.1 take reasonable care for your own health and safety; and

21.2.2 take reasonable care that your acts or omissions do not adversely affect the health
and safety of other persons; and

21.2.3 comply, as far as you are reasonably able, with any reasonable instruction that is
given by the PCBU to allow the PCBU to comply with this Act or regulations; and

21.2.4 co-operate with any reasonable policy or procedure of the PCBU relating to health or
safety at the workplace that has been notified to workers; and

21.2.5 properly use the personal protective equipment and supplies we provide.

21.3 Reporting: You must promptly report all accidents, hazards, potential accidents, and
potential hazards to us and ensure that they are recorded in the accident register.

22 Non-Prescribed Drugs, Stimulants and Alcohol Testing


22.1 Under the Health and Safety at Work Act 2015, the Employer has a legal duty to ensure
the safety of Employees while at work. It is the view of the Employer that any use of
non-prescribed drugs, stimulants and alcohol by an Employee, either before or during
work hours, is a workplace hazard, not only for the Employee, but also for any other
person in the workplace. Accordingly, the Employer reserves the right to request the

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Employee to submit to testing for non-prescribed drugs, stimulants and alcohol in the
instance of a work place accident or incident or where the use of such is reasonably
suspected.

22.2 A refusal to submit to testing pursuant to 22.1 above may result in disciplinary action.

22.3 If testing returns a positive result the Employer will discuss the results with the Employee
and consider their comments, and the Employee agrees to work with the Employer in
determining an appropriate response. This response could include one or more of a
rehabilitation programme; disciplinary action; suspension; training; return to work;
dismissal. This includes agreeing to provide relevant information, including medical
information and participation in activities.

23 Extreme Weather Events


23.1 In the event of extreme weather events (e.g., snowfall or floods) that prevent the
business from opening employees will be so advised. In this case, employees will be
granted special leave on relevant daily pay until the place of work is again accessible, to a
maximum of 3 days.

23.2 If the business is able to open, any staff unable to attend work will be required to take
leave or leave without pay.

24 Temporary relief from obligation to pay remuneration


24.1 Notwithstanding anything to the contrary, with the exception of clause 23 (Extreme
weather events), the terms of this agreement shall not require the employer to pay
remuneration when, at its reasonable discretion, the employer decides that it is
necessary, by reason of material safety, climatic, operational or economic considerations,
to temporarily close, whether wholly or partially, the place of work in or from which the
employee is ordinarily engaged.

24.2 In such instances the employee shall not be entitled to receive remuneration (or any other
compensation) in respect of the duration of the temporary closure.

24.3 Where practicable the employer shall consult with employees affected by any decision to
temporarily close the workplace with a view to determining, where practicable and subject
to the parties’ agreement, alternative arrangements for the duration of the temporary
closure. These may include, for example, permitting the employee to take annual
holidays, alternative holidays, working from home, making up time lost or making other
arrangements acceptable to both parties. Consultation shall be undertaken in a timely
manner but not necessarily in advance of the decision to temporarily close the workplace.

24.4 For the purposes of this clause “temporary closure” shall mean a period or periods not
exceeding 15 working days in relation to each event.

24.5 No decision to temporarily close the place of work in accordance with this provision shall
affect the employee’s continuity of employment in relation to any service related
entitlements or benefits provided by this agreement.

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25 Your representations
25.1 Representations on qualifications and experience: In appointing you to your position
we have relied on your representations as to your qualifications and experience and
medical health. You confirm that those representations are true and correct and that you
have disclosed everything, which if disclosed, would or may have been material to our
decision to employ you. You also acknowledge that we may take disciplinary action
against you, including dismissal, if your representations were misleading or incorrect.

26 Smoke free environment


26.1 You agree to comply with our smoking policy established in accordance with the Smoke-
Free Environments Act 1990.

27 Privacy
27.1 You consent to us:

  collecting personal information about you from time to time for our personnel
administration purposes; for the provision of references and for reasonable use in
business activities;

  disclosing this information fairly and reasonably for the above purposes.

28 Variation
28.1 No variation to this employment agreement shall be effective unless it is recorded in
writing and signed by both parties.

29 Severability
29.1 The various provisions of this agreement are severable and if any provision is held to be
invalid or unenforceable by any court of competent jurisdiction, then such invalidity or
unenforceability shall not affect the remaining provisions of this agreement.

Signatures

We agree to employ you, and you agree to accept employment, on the terms set
out in this agreement. If you are already employed by us, these terms replace any
earlier understanding or agreement you have with us.

You also acknowledge that we have provided you with a copy of this agreement,
told you that you are entitled to seek independent legal advice about its effect, and
given you a reasonable opportunity to seek such advice.

Signed: .................................................... Date: ....................................................

Georgia Fenwick

Signed for Melia Marketing Limited

.................................................... Date: ....................................................

Director

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SCHEDULE 1: YOUR PACKAGE

Duration of agreement: Original Starting Date: 1 July 2021

Hours of work: The employee’s usual hours of work will be 8.30am-5pm,


Monday to Friday. This is 40 hours per week paid, with a
half an hour unpaid meal break each day.

Any hours outside of these usual hours will only be worked


by mutual agreement.

Location: Suite 3, Level 1/225 High Street,


City Centre,
Christchurch 8011

Salary: $23.00 gross per hour

Your salary will be paid weekly into a single bank account to


be nominated by you.

Overtime: Overtime worked in accordance with the above Hours of


Work clause will be remunerated at the employee’s standard
hourly rate.

Other Benefits: Kiwi Saver – option to contribute to scheme

Annual Leave: 4 weeks per 12-month period

Sick Leave: 5 days per 12-month period, after the completion of 6


months’ service

Notice for termination: Trial Period: 1 Weeks

Other: 4 Weeks

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Schedule 2: Job Description

Position Title: Digital Marketer


Key Responsibility Area Tasks and Measures of success
Reporting to: Managing Director

Client Discuss the requirements and digital marketing needs


DirectLiaison 
Reports: Nil
with clients

Date: May 2021  Ascertain the main goals clients wish for their marketing
to achieve
Purpose: Creation and implementation
 Discuss ideas of both
with the marketing and brand
clients
strategy as defined by the Managing Director. Responsible for the
 Keep clients updated with progress and obtain feedback
digital activities of our clients, including website and Social Media.
 Ensure clients are happy with the results they are
getting

Measures
 Clients are happy with the effects of their digital
marketing platforms

Digital Marketing  Strategise and brainstorm marketing campaign ideas


 Undertake and manage Search Engine Optimisation
projects
 Undertake and manage Pay-per-click projects
 Be responsible for Facebook marketing
 Be responsible for Copywriting

Measures
 All digital marketing projects and tasks are completed
professionally and efficiently
 Clients are happy with the service they are receiving
and the results of the digital marketing they receive

Health and Safety  To adhere to all Health and Safety legislation, policies
and procedures
 To report any identified hazards and/or injuries and
near misses
Measure
 All Health and Safety expectations are met

General  To perform all other reasonable tasks, as directed

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Schedule 3: Services Available For Resolution of Employment Relationship Problems

Meaning of “employment relationship problem”


1 Under the Employment Relations Act 2000, an “employment relationship problem” is any problem
(including personal grievances and disputes) relating to or arising out of an employment relationship.

Services available for resolution of employment relationship problems


2 The services available for resolving employment relationship problems are:

 the Ministry of Business, Innovation and Employment ’s Infoline, contactable on 0800 20 90


20, which can provide information and/or refer us to mediation.

 mediation provided by the Ministry of Business, Innovation and Employment ’s Employment


Mediation Services (or by a mediator agreed between us). If we resolve the problem at mediation,
the mediator can sign the agreed settlement, and that will bind both of us. We can also choose to
have the mediator resolve the problem for us. If so, the mediator’s decision will be binding on both
of us.

 if mediation does not resolve the problem, either of us can elect to take the problem to the
Employment Relations Authority for investigation. The Employment Relations Authority may
direct us back to mediation if it thinks that will still be useful. The Authority can investigate and
make a determination about the problem.

 if either of us is dissatisfied with the determination of the Authority, that person can take the
problem to the Employment Court for a judicial hearing. (The Court may also direct us back to
mediation if it thinks that will still be useful.)

 if the problem is about minimum entitlements under the law, such as the Minimum Wage Act or
the Holidays Act, you may ask a Labour Inspector to enforce your rights.

Time for raising personal grievances


3 Under the Employment Relations Act 2000, a “personal grievance” is a claim by you that:

 you have been unjustifiably dismissed; or

 your employment, or one or more its conditions, have been affected to your disadvantage by
some unjustifiable action by us; or

 you have been discriminated against in your employment; or

 you have been sexually or racially harassed in your employment, or

 you have been subject to duress in your employment, in relation to membership or non-
membership of a union or employees’ organisation.

4 If you wish to raise a personal grievance, you must raise it with us within 90 days of the day on
which either the action occurred, or you became aware of it.

Employment Contract – Georgia Fenwick © Essential HR Ltd


INDIVIDUAL EMPLOYMENT AGREEMENT
18

How to resolve employment relationship problems


5 If you have an employment relationship problem which you want to raise with us, we would
prefer that you put your problem in writing so that there is no misunderstanding about what the
problem is. You should set out the details of your problem, the facts giving rise to the problem, and
what solution or remedy you are seeking.

6 We will respond to your problem in writing. If we do not agree with your version of the facts or
the solution you seek, we will give our view of the facts, and the reasons why we will not provide the
solution you seek.

7 If we cannot resolve the problem together, and either of us wish to pursue the matter further,
either or both of us can use the services available for the resolution of employment relationship
problems (set out at paragraph 2 above).

Employment Contract – Georgia Fenwick © Essential HR Ltd

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