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COS Yu Rong

Yu Rong is confirmed for the position of Full-Time Beauty Advisor - LaMer at Duty Free Stores Wellington Limited, starting on 28 October 2024, with leave accrual commencing on 3 January 2024. The employment agreement outlines responsibilities, remuneration, work hours, and leave entitlements, including annual, sick, and bereavement leave. Acceptance of the offer is required within 5 working days, and the role is contingent upon legal entitlement to work in New Zealand.

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0% found this document useful (0 votes)
8 views27 pages

COS Yu Rong

Yu Rong is confirmed for the position of Full-Time Beauty Advisor - LaMer at Duty Free Stores Wellington Limited, starting on 28 October 2024, with leave accrual commencing on 3 January 2024. The employment agreement outlines responsibilities, remuneration, work hours, and leave entitlements, including annual, sick, and bereavement leave. Acceptance of the offer is required within 5 working days, and the role is contingent upon legal entitlement to work in New Zealand.

Uploaded by

giaboom8023
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

18 October 2024

Yu Rong
103 Woodbury Street,
Russley, Christchurch, 8042
New Zealand

Dear Yu,

We are pleased to confirm the revised terms of your employment with Duty Free Stores
Wellington Limited in the position of Full-Time Beauty Advisor - LaMer.

Commencing this new role on 28 October 2024, your employment will be based at our
Christchurch Airport Airport location.

Please note, the Company recognises 3 January 2024 as your commencement date for leave
accrual and all other purposes.

Please read through the enclosed employment agreement, consider its terms and conditions,
and accept your agreement via your PageUp account.

We look forward to your acceptance of our offer within 5 working days of you receiving the
employment agreement. You can download a copy of your employment agreement for your
records.

This offer is subject to, and conditional on, you being legally entitled to work in New Zealand.

You are entitled to take independent legal advice on the terms and conditions of your
employment, and we encourage you to get such advice.

We look forward to continuing working with you.

Yours sincerely,

Human Resources
Lagardère AWPL Pty Ltd
EMPLOYMENT AGREEMENT

BETWEEN

Duty Free Stores Wellington Limited


(“the Company”)

AND

YU RONG

(“You”)
BETWEEN Duty Free Stores Wellington Limited
(“the Company”)

AND YU RONG
("You")

1 Position and Commencement Date

1.1 Your new position is Full-Time Beauty Advisor - LaMer, your duties and
responsibilities are as outlined in the Job Description enclosed, as well as directed
by your manager from time to time.

1.2 You may be required to perform additional or alternative duties to those set out
in the Job Description. From time to time, the Company may amend your job
description, job duties and reporting relationships, as set out in the Job
Description, following discussion with you. You will make every effort to adjust to
any reasonable re-definition of duties. Your employment under the terms and
conditions set out in this Agreement will commence on the Commencement Date
set out in Appendix A and will continue until terminated by either party.

1.3 This Agreement is also subject to you remaining lawfully entitled to work in New
Zealand.

2 Employee Responsibilities

2.1 During your employment you must:

2.1.1 Deal with the Company in good faith in all aspects of the employment relationship;

2.1.2 Perform the duties in Appendix A, and any other duties reasonably required by
the Company, faithfully, expeditiously, to the best of your ability and to the
standard required by the Company;

2.1.3 Be devoted exclusively to your duties during working hours;


2.1.4 Work as part of the team and deal with other staff, contractors, customers and
suppliers in a cooperative and flexible manner to ensure the business needs of the
Company are best met;

2.1.5 Give the Company the full benefit of your knowledge, ingenuity and experience in
the performance of your duties and act in a highly professional, friendly and
helpful manner;

2.1.6 Use your best endeavours to protect and promote the reputation of the Company
(including passing on all business information and potential opportunities that
you learn of) and to conduct yourself in a manner that will not injure or impair the
Company’s reputation or bring the Company’s good name into disrepute;

2.1.7 Comply with the reasonable and lawful directions of the Company; and
2.1.8 Always act in the best interests of the Company.

3 Company policies and procedures

3.1 You will adhere to and be bound by the Company’s procedures and policies as
amended at the Company’s sole discretion from time to time. The Company
reserves the right to cancel, amend, or introduce new polices from time to time on
reasonable notice to you.

3.2 You agree that any breach of the Company’s policies may result in disciplinary
action up to and including termination of employment.

4 Remuneration

4.1 Your remuneration is as set out below effective from the date of commencement.
Your remuneration is payment of all entitlements, and allowances due to you
under this agreement and any applicable legislation.

4.2 Your rate of pay will be as set out in Appendix A.

4.3 As an employee paid on an hourly rate of pay, if you required to work in excess of
100 ordinary hours per fortnight or 12 hours in any one day, you will be paid an
Excess Time Premium of the relevant hourly pay for the time worked plus half that
amount again.

4.4 An Excess Time Premium will be paid only when such time has been authorised by
the Company prior to the time being worked.

4.5 Your wages will be paid fortnightly in arrears directly into your nominated bank
account. Payment of wages will be processed on a Tuesday of the relevant pay
week, and monies deposited into your account by Wednesday. In the event that
the Tuesday lands on a Public Holiday, payroll processing times may vary. The
Company reserves the right to change the pay cycle from time to time.

5 KiwiSaver

5.1 The Company makes KiwiSaver contributions on behalf of its employees in


accordance with the relevant legislation as it may be from time to time and at the
necessary percentage rate. Please ensure that you complete the necessary
documentation should you wish to contribute to the scheme or should you wish
to opt out.

6 Hours of Work

6.1 Your working days and hours will be set by your manager in advance in accordance
with a roster. The Company will guarantee to provide you at least the number of
Guaranteed Hours of work set out in Appendix A per week. But you must be
available to perform up to the number of Availability Hours per week set out in
Appendix A, between the Times and Days of Work specified in Appendix A. Any
hours worked above your Guaranteed Hours per week must be approved in
advance. Your remuneration includes reasonable compensation for your
availability to perform all of your hours of work (including any Availability Hours),
and your performance of those hours of work.

6.2 The Company reserves the right to trade at any time provided by law and as
required by its leases or tenancy. Due to the nature of the Company’s business,
the Company’s stores may trade seven days a week and as such, weekday,
weekend and evening work may be required as part of your fortnightly roster.

6.3 The Company may vary (including reduce or increase) your days and hours of work
referred to in clause 6.1. Any reduction of Guaranteed Hours will be by no more
than 5 hours. The Company will consult with you prior to making any such change,
and will give you at least two weeks’ notice of the change.

6.4 Hours of work for employees paid on an hourly rate will not, without the
agreement of the parties:
exceed 12 paid hours in a working day, or-
exceed more than 100 paid hours in a standard pay fortnight, or
exceed 6 consecutive days.

6.5 The Company will endeavour to make rosters available one week in advance of
hours to be worked. You will be required to work the shifts on which you are
rostered, unless otherwise agreed with your manager. The Company may require
you to work shifts with less than one week's notice in emergency situations,
including, without limitation, a fellow employee's illness, injury or bereavement.

6.6 In the event the Company needs to cancel a rostered shift, it will endeavour to
provide you with 24 hours’ notice. In the event that the Company is unable to
provide you with that amount of notice, you will be paid for the full shift.

6.7 No employee will be obligated to work more than 50 hours in any one week,
Monday to Sunday. The Company may offer you work in excess of 50 hours, but
you are free to either accept or reject those extra hours.

6.8 All employees are responsible for recording their hours worked by clocking on and
off, via the Point of Sale System (POS). You are required to clock on once you are
ready to commence your shift and clock off immediately after the shift has ended.

6.9 No employee is permitted to clock in or out for another employee. Any employee
who clocks in or out for another employee without the Company’s authorisation
may be subject to disciplinary action, up to and including dismissal.
7 Place of Work

7.1 Your normal place of work will be at the location specified in Appendix A, or any
other store location within your region of employment that is reasonably required
by the Company. The Company reserves the right to change the work location and
any such changes will be communicated to you in advance.

7.2 You may have to travel or work in other places based on the Company’s operating
needs.

8 Breaks

8.1 You are entitled to unpaid meal breaks as follows:

9.1.1 When you are required to work two hours but no more than four hours, you are
entitled to take a one paid rest break of ten minutes.
9.1.2 When you are required to work four hours or more but no more than six hours,
you are entitled to take one paid rest break of ten minutes and an unpaid meal
break of half an hour.
9.1.3 When you are required to work more than six hours but less than eight hours, you
are entitled to take a two separate paid rest breaks of ten minutes and an unpaid
meal break of half an hour.
9.1.4 When you are required to work more than eight hours, you are entitled to two
separate paid rest breaks of ten minutes and an unpaid meal break of half an hour,
plus you are entitled to breaks beyond the eighth hour as if you had started the
work period on the eighth hour.

9.2 You agree that the Company may arrange the timing of rest and meal breaks, or
otherwise they must be taken at times, so that they do not cause disruption to the
operation of the Company’s business.

9.3 You will not be able to forfeit your scheduled breaks for any reason, for example, for
paid work time or to cease your shift early or commence your shift later than your
scheduled roster.

9.4 You must return to work on time after taking any scheduled breaks.

10 Security Requirement

10.1 Any airport location in which you will work in is a strictly controlled security environment.
As a result you must ensure adherence to the Airport security standards and policies, which
includes but is not limited to ensuring you have a valid security pass at all times and
ensuring you do not use your security pass to access areas other than for the sole purposes
of carrying out your duties.

10.2 All employees who are required to have an Airport Identity Card will be provided one by
the Company at commencement of employment.
10.3 Employment with the Company is conditional on airport ID and AVSEC being approved.

10.4 Employees are personally responsible for safeguarding their own Airport Identity Card.
Any lost, left at home or damaged cards should be reported immediately to the
employee’s manager. The local applicable cost of the temporary identification card and/or
the cost of the replacement identification card will be paid by the employee.

10.5 You must be familiar with these policies and procedures and if you do not understand
anything contained within you must contact your manager forthwith.

10.6 The security standards and policies may be changed from time to time and you are
required to understand and comply with such amended security standards and
policies.

11 Customer Service

11.1 Customer service is vital to the success of our business, we aim to make every
customer’s journey an enjoyable one.

11.2 We recognise that in order for us to achieve excellence in customer service it is


important that we provide the necessary training to enable you to succeed. Customer
service training begins at the induction stage and continues throughout your
employment with the company. All employees are required to participate in an
induction program and to attend customer service training during your employment.

12 Annual Leave

12.1 You are entitled to four weeks’ annual leave in accordance with the Holidays Act
2003. You should take the annual leave entitlement in the year it falls due.

12.2 You must apply for annual leave via the company’s time & attendance / self-
service system.

12.3 If you and the Company are not able to reach agreement on when you will take
annual leave, the Company may require you to take annual leave on specified dates
by giving you 14 days’ notice of those dates.

12.4 You will be paid for annual leave in the pay period which covers the leave period.

12.5 The Employer has a policy of not considering employee requests that up to one
week of the employee’s minimum statutory leave be paid out in cash.

12.6 Due to the nature of the Company’s business, no unpaid or paid leave requests will
be approved for peak periods (black-out periods). Black-out periods run from the
week before Easter to the end of the week after Easter, between 1 December to 15
January, during stock take, and during peak catalogue times. Black-out periods are
subject to change at the Company’s discretion. Any changes to black-out periods will
be communicated in writing via the issuing of a Company policy update in advance
of the black-out period changing or commencing.

12.7 The Company is unlikely to approve requests for you to take leave during your notice
period.

13 Sick leave

13.1 You will be entitled to ten days’ sick leave after the first six months of employment
and in each subsequent year of service, in accordance with the Holidays Act 2003.

13.2 Unused sick leave may be accumulated up to a maximum entitlement of:

13.2.2 Full time employees: 20 days in any one year


13.2.3 Part time employees: 20 days in any one year

13.3 Sick leave may be taken when you, your spouse or partner, or a person who
depends on you for care, is sick or injured.

13.4 You are required to personally notify your manager by telephone as soon as
possible before you normal start time if sick leave is to be taken. If that is not practical,
you must personally notify your manager by telephone as soon possible after that
time. Notification by text message or email is not acceptable.

13.5 The Company may require you to provide proof of sickness or injury:
13.5.2 At your own expense if you have been sick or injured for three or more consecutive
calendar days (whether or not these are working days);
13.5.3 If you are sick or injured for fewer than three consecutive calendar days if the
Company advises you as soon as possible that the proof is required, the Company
agree to meet your reasonable expenses in obtaining the proof;
13.5.4 To the extent that non-statutory paid sick leave is provided for, the Company may
request proof of sickness (at your expense) at any time.

13.6 Any unused sick leave will not be paid out upon termination of employment.

14 Bereavement Leave

14.1 You will be entitled to three days’ bereavement leave on the death of your partner,
parent, child, sibling, grandparent, grandchild, partner’s parent, or the end of a
pregnancy by way of miscarriage or still birth in the circumstances described in the
Holidays Act 2003. You will be entitled to one day’s bereavement leave on the death
of any other person if, having regard to the factors in the Holidays Act 2003, the
Company accepts that you have suffered a bereavement.
14.2 You must personally notify your manager by telephone as soon as possible before
your normal start time if you need to take bereavement leave, or if that is not
practical, as soon as possible after that time.

15 Public Holidays

15.1 Unless otherwise agreed, the Company shall allow you the following 12 days’ public
holidays in accordance with the Holidays Act 2003: Christmas Day, Boxing Day, New
Year’s Day, The second day of January (or some other day in its place), Waitangi Day,
Good Friday, Easter Monday, Anzac Day, The birthday of the reigning Sovereign,
Matariki Day, Labour Day, and the relevant provincial Anniversary Day.

15.2 Please note Easter Sunday is not a public holiday. If the store is required to close on
Easter Sunday, you will be required to take annual leave if you are rostered to work
on that day.

15.3 Our stores operate in a dynamic environment during peak trading periods (such as
the Christmas, Easter period and school holidays) and all permanent employees may
be required to work during these “blackout periods”.

15.4 The Company may require you to work on a public holiday. If you are required to
work on a public holiday, the Company will pay you time and a half of your relevant
daily pay or average daily pay for the time actually worked. In addition, if that day
would otherwise have been a working day for you, the Company will also provide
you with an alternative holiday to be taken in accordance with the Holidays Act 2003.

16 Jury Service

16.1 If you are required to undertake jury service, the difference between the fees paid by
the Court and your ordinary daily pay shall be made up by the Company provided
that:

16.1.2 You produce the Court voucher to the Company.


16.1.3 You return to work immediately on any day you are not actually serving on a jury.

17 Parental Leave

17.1 You may be entitled to take parental leave under the Parental Leave and Employment
Protection Act 1987, and if so, that Act will apply.

18 Family Violence Leave

18.1 After six months’ continuous employment you will be entitled in each subsequent
period of 12 months up to 10 days’ paid family violence leave.
18.2 Family violence leave may be taken if you are a person affected by family violence as
defined in the Holidays Act 2003. You must notify the Company of your intention to
take family violence leave as early as possible either before or on the day concerned.

18.3 The Company may require you to provide proof that you are a person affected by
family violence.

18.4 If you are a person affected by family violence, protocols around receiving requests
for flexible working arrangements and paid leave will be dealt with by the Company
in a strictly confidential manner. By way of reminder, you may have the assistance of
a support person when making such requests.

19 Unpaid leave

19.1 All leave entitlements must be exhausted before unpaid leave will be considered. The
Company will only grant unpaid leave in exceptional circumstances.

19.2 Any unpaid leave must be approved in writing before the leave is taken. Unpaid leave
taken without written authorisation by the Company will be considered to be
unauthorised leave.

20 Further Information about Holidays Act 2003 Entitlements

20.1 You can obtain further information about entitlements under the Holidays Act 2003
from the Ministry of Business, Innovation and Employment’s Employment Relations
Infoline, contactable on 0800 20 90 20.

21 Authority to Deduct

21.1 By signing this agreement, and pursuant to section 5 of the Wages Protection Act
1983, you authorise the Company to deduct from your remuneration the amount of
any inadvertent or accidental overpayments made to you by the Company,
unreturned or damaged property, loss suffered because of your failure to provide the
notice period specified in this agreement, outstanding debts, recovery for payment
of goods supplied to you, deduction by agreement between the parties, as otherwise
provided for by this Agreement or other moneys owed by you to the Company, where
such deduction is reasonable. You agree that this arrangement is a benefit to you as
it avoids the necessity for demands and / or litigation to recover those amounts.

21.2 You also authorise the Company to deduct costs associated with your personal
usage of Company property, where reasonable, (for example, mobile phone costs or
internet usage charges), although the Company will discuss these costs with you prior
to any deduction taking place.

22 Union Fees
22.1 Section 65A(1) of the Employment Relations Act 2000 shall not apply to this
agreement. The employer will not deduct union fees from employee's pay and if the
employee is a member of a union he or she shall be responsible for payment of any
applicable fees to that union.

23 Company Property

23.1 The Company may supply you with Company property to enable you to perform
your duties.

23.2 That property remains the Company’s property at all times. On termination of your
employment for whatever reason, or at any other time requested by the Company,
you will immediately return to the Company all information, material or property
(including copies of such information, material or property) that belongs to the
Company, concerns any aspect of the Company’s business, or which the Company is
responsible for, and which is within your possession or control, in good working order
and condition.

23.3 The Company will meet all work related expenses relating to the Company
property, but reserves the right to claim reimbursement from you in the event that it
incurs costs associated with your personal usage of Company property.

24 Expenses

24.1 You are not authorised to incur debt in the name of the Company nor expend
personal monies with an intention of seeking recovery from the Company unless such
expenditure or debt has been approved in writing by the Regional Manager prior to
the expenditure.
24.2 Prior-approved expenses incurred by you will only be paid or reimbursed upon
receipt of an appropriate tax invoice.

25 Personal Property

25.1 You agree that the Company is not responsible for the loss or damage of any of your
personal property.

25.2 You agree that you will leave your personal belongings in designated areas only and
not have or leave your personal belongings on the shop floor, including any mobile
device.

26 Loss Prevention

26.1 You understand and accept that the Company has a zero tolerance policy for theft
and/or fraud and any substantiated theft and/or fraud will be considered serious
misconduct and may result in summary dismissal.
26.2 You understand and accept that you and other employees are not permitted to take
any Company property, product, monies or similar without first paying for it,
regardless of whether you intend to pay for, or return, them later. Any item that you
wish to purchase from the Company must be paid for in full before it is placed with
your belongings or is taken from any the Company store or premises. Failure to do
so may be considered serious misconduct and result in summary dismissal.

26.3 You understand and accept that after an investigation into theft and/or fraud,
substantiated cases will be reported to the police and criminal charges may be
pursued.

26.4 You will at all times use reasonable measures to ensure the security of all of the
property of the Company.

27 Confidentiality and Proprietary Rights

27.1 For the purposes of this clause, “confidential information” includes (without
limitation) any information however communicated or recorded (including
information developed or discovered by you), relating to the business or financial
affairs of the Company or to its clients, suppliers, consultants, distributors, agents,
contractors or employees (including their identities), its trade secrets, pricing
structures, marketing plans or strategies, business connections, technical information
on products or processes, research data or information, product plans, services,
customer lists, software developments, databases, inventions, formulae, hardware
configuration information, designs, drawings, engineering, computer or combination
lock access codes or passwords, information relating to the Company’s business
including your personal staff number and email account, any information obtained
from the Company’s records and any other information which you know or ought to
know is confidential.
27.2 During your employment with the Company you acknowledge that you will or may
have access to or become aware of information which the Company regards as
confidential information. You must not, either during or after your employment with
the Company, use, disclose, copy or remove from any the Company premises any
Confidential Information unless it is necessary to carry out your legitimate duties, you
are ordered to by a court, commission or tribunal or you have prior written
permission from the Company to do so.

27.3 If you do disclose Confidential Information in accordance with the above clause, you
must ensure that any person to whom the information is disclosed is made aware of
its confidential nature, and the obligations restricting its use and disclosure, and
ensure they do not use or disclose that information.

27.4 You must advise the Company promptly if disclosure is required by a court,
commission or tribunal, and co-operate with the Company in any action taken by the
Company to prevent or limit disclosure.
27.5 Upon termination or cessation of your employment, you agree to return to the
Company all property of the Company including all or any confidential information,
documents, keys, credit cards and goods and to provide any form of certification
which the Company may reasonably require as to the return of the confidential
information.

27.6 You agree not to reference the Company’s clients, customers, or potential clients or
customers, or suppliers, contractors, employees or other service providers on
Facebook, LinkedIn or other similar professional or social networking forms of social
media unless you were in contact with such persons prior to the commencement of
your employment with the Company.

27.7 If despite the requirement not to reference such persons on Facebook, LinkedIn or
other similar professional or social networking social media you do so, then, without
limiting the Company’s rights, you agree to delete such references immediately upon
termination of your employment and to provide written evidence to the Company
that you have done so.

28 Intellectual Property

28.1 ‘Intellectual Property’ means all intellectual property rights whether registered or
unregistered and whether existing under statute, at common law or in equity
throughout the world including, without limitation:

28.1.2 All trademarks, trade names, logos, symbols, get up, brand names or similar rights,
registered or unregistered designs, patents, copyright, trade secrets and the right
to have confidential information kept confidential, together with;
28.1.3 Any application or right to apply for any of the rights referred to above.

28.2 ‘Invention’ means any literary or artistic work, audio visual item, computer program,
design, invention, discovery, idea, development, process, plan, proposal, formula,
specification, or other subject matter or work whatsoever in which Intellectual
Property may subsist, including any and all improvements made to any subject matter
or work.

28.3 ‘Employee Invention’ means an Invention created, developed, generated, discovered,


expanded, added to or modified by you (alone or with any other person) before or
after the date of this letter of offer, wholly or in part:

28.3.2 the course of your employment with the Company;


28.3.3 using information obtained in the course of your employment with the Company;
28.3.4 during working hours with the Company; or
28.3.5 using any equipment or other resources of the Company (or its related
companies).

28.4 You:
28.4.2 Acknowledge and agree that all Intellectual Property arising from your
contribution to all Employee Inventions is the property of the Company;
28.4.3 agree to assign to the Company all existing and future Intellectual Property arising
from your contribution to Employee Inventions;
28.4.4 acknowledge and agree that by entering into this agreement, all existing rights in
Intellectual Property for your contribution to any Employee Inventions are vested
in the Company and, on their creation, all such future rights will vest in the
Company;
28.4.5 agree to promptly disclose to the Company full details of all Employee Inventions,
and do all things reasonably requested by the Company to enable the Company
to obtain the full benefit of the Employee Inventions and the Intellectual Property
in them;
28.4.6 unconditionally consent to the Company, or any third party under direction or
control of the Company, doing all acts in relation to any copyright works which
are Employee Inventions, which would otherwise constitute an infringement of
your moral rights as author of those copyright works pursuant to any statutory or
common law rights including, without limitation, the right to be attributed as the
author of any such works.

28.5 This clause continues to apply after your employment has ended.

29 Conflict of Interest

29.1 You will not enter into any contracts or business interest or engage in any activity,
paid, or unpaid and including secondary employment, which in the Company’s
opinion:

29.1.2 Impinges upon, or may impinge upon, the proper performance of your duties and
responsibilities under this Agreement; or
29.1.3 Conflicts or may conflict in any way with the interests of the Company or your
responsibilities to it; or
29.1.4 Reflects or may reflect adversely on the Company’s business or its public
perception.

29.2 You agree that is the Company requires it, you will disclose any other business
interests that you have had prior to your employment, and/or during your
employment with the Company.

29.3 The parties agree that the restrictions contained in this clause are necessary to ensure
that you are able to properly perform your duties under this Agreement, to prevent
a conflict of interest that cannot otherwise be managed, and/or to protect the
Company’s commercial reputation, commercially sensitive information and/or
intellectual property rights.

30 Termination of Employment
30.1 Either you or the Company may terminate your employment for any reason by
giving the period of notice set out in Appendix A or, in either case, by the payment
by the Company or forfeiture by you (as the case may be) of an equivalent amount
of wages in lieu of notice. In the case of payment in lieu of notice by the Company,
the Company may make payment in lieu of either the whole, or any part, of the notice
period, at its discretion.

30.2 If you give a longer period of notice than required by this agreement, the Company
shall not be obliged to accept any such longer notice period.

30.3 In addition or alternatively, the Company may elect to continue your employment for
all or part of the notice period set out below with you being required not to perform
some or all of the duties specified by the Company during that period to be put on
garden leave (as that term is commonly understood). During the period of garden
leave you shall remain entitled to all remuneration and benefits set out in this
Agreement and will continue to be bound by the duties of confidentiality and fidelity.

30.4 Nothing in the previous paragraph affects the right of the Company to summarily
terminate your employment without notice for serious misconduct including any
breach of any material provision in this Agreement, or where you conduct yourself in
any manner which the Company considers on reasonable grounds to be prejudicial
to the Company’s business, interests or reputation.

30.5 If your employment is terminated for serious misconduct, you are entitled to be
paid up to the date of termination only.

31 Medical Examination and Incapacity

31.1 If the Company has reasonable grounds to be concerned about your fitness for work,
the Company may require you to undergo a medical examination by a registered
health professional nominated by the Company, at the Company’s cost. You give
consent for the Company to contact that health professional to discuss the results of
the medical examination. The Company may then consider the results of such
examination and any other relevant information to assess your fitness for work.

31.2 The Company may draw such inferences as it sees fit if you fail, or refuse, to undergo
any requested medical examination.

31.3 The Company may terminate this agreement upon giving the contractual notice
period if, as a result of ill-health (either physical or mental), you become incapable of
the proper ongoing performance of your duties under this agreement. Before
terminating this agreement pursuant to this clause:

31.3.2 The Company will request that you undergo an appropriate medical assessment
by a medical practitioner nominated by the Company at its expense. You:
[Link] Acknowledge that while you have the right to refuse to undergo such
an assessment, such refusal is likely to mean that the Company will make our
assessment only on other information available to it; and
[Link] Agree to authorise the nominated medical practitioner to release the
results of any such assessment to the Company.

31.3.3 The Company will take into account any such reports or recommendations
provided as a result of that assessment or which it might otherwise receive
(including any from a practitioner of your choice).

32 Suspension

32.1 If the Company has reason to believe you may have committed misconduct or in any
way breached your obligations under this agreement or where there are otherwise
sound reasons for doing so, the Company may at any time suspend you from the
performance of all or any of your duties or for such periods and on such terms as the
Company considers expedient, including a term that you are excluded from all or any
of its premises, and/or the Company will not assign to you any duties or provide any
work for you, and/or the Company may direct you with regards to any contact with
our employees or other third parties.

32.2 If the Company invokes this clause then until either we notify you that the suspension
is at an end, or your employment is terminated under this agreement:

32.2.2 Subject to clause 32.3 below, your remuneration will not cease to be payable by
reason only of your suspension or exclusion;

32.2.3 the employment relationship will continue; and

32.2.4 you will continue to be bound by this agreement.

32.3 Where the suspension extends beyond two weeks due to reasons beyond our control,
such as a Police prosecution or investigation (or any other third party inquiry) into
your conduct, the suspension may continue without pay.

32.4 Before any suspension is implemented, the Company will inform you that it is
considering suspension and you will be given a reasonable opportunity to comment
on the proposed suspension unless there are in the Company’s opinion, reasonable
grounds not to do so.

33 Abandonment of Employment

33.1 If you are absent from work for three consecutive working days without notifying the
Company and without good cause, your employment will automatically terminate at
close of business on the third day on the grounds of abandonment. Written
confirmation of termination shall be sent to your last known address.
34 Redundancy

34.1 The following notice will apply in a redundancy situation:

34.1.2 One month’s notice of termination will be provided in writing where an


employee’s position is redundant and there are no reasonable alternatives to
termination of employment.

34.1.3 The Company may make a payment in lieu of notice for all or any part of the notice
period.

34.1.4 This notice is in substitution for, and not in addition to, any other notice period
specified in this agreement.

34.2 There is no provision of redundancy compensation under the terms of this


agreement.

34.3 The Company shall give you such reasonable time off while working out any period
of notice as may be necessary to enable you to seek alternative employment.

35 Technical Redundancy

35.1 You will not be entitled to any notice, payment in lieu of notice, redundancy
compensation or other redundancy entitlements if:

35.1.2 the Company offers you alternative employment, on similar terms and conditions
in a position which is generally no less favourable than under this Agreement, or
on terms that you are willing to accept; or

35.1.3 another company (whether or not a related company, associate or joint venture
company), before your employment has terminated, offers you employment on
similar terms and conditions in a position generally no less favourable than under
this Agreement, or on terms that you are willing to accept;

35.1.4 you choose to terminate employment prior to receiving notice of redundancy


from the Company or prior to completing a period of notice that you are required
to work;

35.1.5 the company is in receivership or liquidation; or

35.1.6 your employment terminates as a result of a natural disaster, civil disorder or war.

36 Post-employment Restraint

36.1 For the purposes of this clause "Restricted Travel Retail Business" means any
dedicated travel retail business that is the same or similar and/or which competes or
is likely to compete, whether directly or indirectly, with any part of the Company’s
business, or the business of any related Company, in which you were actively involved
during your employment (or if notice of termination has been given, then during the
12 months immediately preceding the termination of this employment) in any area
(including any country outside New Zealand) in which you were actively involved in
our business at any time during your employment (or if notice of termination has
been given, then during the 12 months immediately preceding the termination of
this employment);

36.2 In consideration of this offer of employment and the sums to be paid as


remuneration, during the term of the employment and for Restraint Period set out in
Appendix A following the termination of your employment (excluding redundancy),
you will not, without prior written consent of the Company, either directly or
indirectly:

36.2.2 Engage in or prepare to engage in any Restricted Travel Retail Business as an


employee, consultant, advisor, principal, agent, partner, director, trustee,
beneficiary, contractor, financier, associate, unit holder or shareholder;

36.2.3 Interfere in the relationship between the Company or any Related Company and
their customers, consultants, suppliers, contractors, agents, directors, officers or
employees, with whom you had material dealings in the course of your
employment, (or if notice of termination has been given, then material dealings
during the 12 months immediately preceding the termination of this
employment);

36.2.4 Induce or assist in the inducement of any director, officer, contractor, consultant
or employee away from the Company or any Related Company, with whom you
had material dealings in the course of your employment, (or if notice of
termination has been given, then material dealings during the 12 months
immediately preceding the termination of this employment); or

36.2.5 Counsel, procure or otherwise assist any person to do any of the acts referred to
in this clause.

36.3 You acknowledge that your position with us gives you access to confidential
information and influence over our employees, customers, clients, suppliers and
distributors.

36.4 You will not at any time after the termination of the employment, make any
representation that you are in any way connected with the business of the Company
or any related company.

36.5 You agree and acknowledge that the duration, extent and application of the
respective restrictions contained in this clause are not greater than is reasonably
necessary for the protection of the interests of the Company, and that your
remuneration package is adequate consideration for the restraints contained in this
clause.
36.6 If the restrictions contained in this clause are adduced by any Court of competent
jurisdiction to be void and unenforceable but would be valid if part of the wording
of this clause was deleted and/or period and area of the restraint reduced, those
restrictions apply with such modifications as may be necessary to make this clause
valid and effective.

36.7 In the event of any breach by you of your obligations under this clause then, in
addition, and without prejudice to any other remedy the Company may have, the
Company is entitled to seek and obtain injunctive relief in any Court of competent
jurisdiction.

36.8 In the event of any failure by you to comply with the restrictive covenants in this
clause, you shall indemnify the Company against all losses, liabilities, costs, claims,
charges, expenses, actions or demands which the Company may incur as a result of
any failure to perform or comply with these obligations.

36.9 You agree that your remuneration represents reasonable and sufficient consideration
for the restraints contained within this Agreement.

37 Employee Protection Provision

37.1 For the purpose of this clause, “restructuring” means any arrangement under which
all or part of the Company’s business is sold, transferred or contracted out to a New
Employer. It does not include sale or transfer of any or all of the shares of the
Company or any arrangement entered into while the Company is in receivership or
liquidation.

37.2 If a restructuring or intended restructuring situation arises that will adversely affect
your employment, the Company will enter into negotiations with the New Employer
on the following matters:
37.2.2 Whether you will be given the option of taking a position with the New Employer
that is on the same terms and conditions as your existing employment or, if this is
not possible, the terms and conditions which will be offered to you if you decide
to transfer to the New Employer; and
37.2.3 The timing of the proposed transfer of employment, if you accept employment
with the New Employer.

37.3 Following any negotiations, the Company will report back to you as soon as
reasonably practicable, on all matters that have been discussed that may affect you,
subject to any information being commercially sensitive or confidential in nature.

37.4 You agree that for the purpose of negotiating a transfer to the New Employer, the
Company may provide the prospective New Employer with all relevant information
about you, such as details of your terms of employment, job description, skills, work
experience and qualifications. The Company will provide information only for the
purposes of the negotiations and will ensure that your right to privacy is otherwise
protected.

37.5 If you do not transfer or will not be transferring to the New Employer, then the
Company will consult with you and/or communicate with you about what that means
for your employment, including whether there are any suitable redeployment
opportunities for you and what redundancy entitlements (if any) may apply.

38 Health and Safety

38.1 The Company is committed to providing a safe work environment. You agree to abide
by your obligations under the Health and Safety at Work Act 2015, and take
responsibility for ensuring your own safety and the safety of others in the workplace,
including complying with all health and safety requirements, policies, procedures,
training, guidelines and recommendations.

38.2 You will immediately report to the Company all work related injuries, accidents, near
misses (whether or not the accident or near miss took place on the Employer’s
premises), and any risks to health and safety that you identify, or hazards or potential
hazards. You will help complete any necessary records including the accident register,
if required to by the Company.

38.3 You agree to:

38.3.2 promptly advise the Company of any stress or other medical conditions which may
adversely affect your ability to perform your duties safely and effectively; and

38.3.3 not attend work or carry out any duties while under the influence of drugs or
alcohol.

39 Privacy Act Authorisation

39.1 By signing this agreement, you authorise the Company to collect information
about you in respect of your employment with the Company including, but not
limited to, doctor's certificates and records of complaints made by you and against
you in respect of personal grievances, disputes and allegations of harassment. You
are entitled to view your personnel file held by the Company.

39.2 You also authorise the Company to collect evaluation and opinion related material
about you. This material will be compiled solely for determining your suitability,
eligibility and qualifications for continued employment and promotion and will
otherwise be kept confidential by the Company. You will not be entitled to view this
material.

39.3 In addition to clauses 39.1 and 39.2, you consent to us:


39.3.2 collecting personal information about you from time to time for our personnel
administration purposes;
39.3.3 disclosing this information fairly and reasonably to third parties when providing
references or similar information; and
39.3.4 disclosing this information where that is reasonably required for business reasons.

40 Employee Benefits

40.1 From time to time the Company may offer you discretionary employee benefits in
the form of incentives, discounts, bonuses or similar.

40.2 To avoid doubt, any benefits you may be offered from time to time may be changed,
added or removed at the discretion of the Company with or without notice.

40.3 Any discretionary employee discount offered to you is for your personal use and the
use of your immediate family and friends only. Abuse of any employee discount
privilege is considered serious misconduct and may lead to summary dismissal.

40.4 Managers, Assistant Managers and Team Leaders are the only employees authorised
to complete employee discount transactions. For full details, refer to the Staff
Discount Policy.

41 Eating and Drinking

41.1 Eating and drinking is to be confined to allocated break periods. Employees are not
to eat, chew gum or drink while on duty in the shop. Bottled water is the only
exception; however it must be consumed discreetly and stored underneath the
counter or in the back office.

42 Use of Personal Devices

42.1 Our employees have a specific right to feel safe and have their privacy protected
in the workplace. Under no circumstance will an employee utilise a personal device
such as a mobile phone (or any other device) to take any form of photography,
video recording or audio recording of another employee/s whilst a work. A breach
in this policy will be considered as serious misconduct and may lead to
termination of employment.

42.2 The use of a personal mobile phone is to be confined to allocated break periods.
Employees are expected to be focused on work and must not use any device in
the workplace for any inappropriate purposes, including but not limited to:

- Engaging in personal conversations


- Sending or receiving text messages
- Playing games
- Listening to music
- Watching videos/clips
- Browsing the internet
- Checking e-mails

43 Employment Relationship Problems

43.1 Should an employment relationship problem arise, Appendix [C] will apply.

44 Continuing Obligations

44.1 Any provision of this agreement remaining to be performed or observed by you or


having effect at the termination of the employment for whatever reason, remains in
full force and effect and is binding on you.

45 Workplace Surveillance

45.1 Please be aware that the Company uses video surveillance cameras in our stores and
kiosks. These surveillance cameras are for the purpose of staff and customer safety
as well as for the protection of Company property. By accepting this offer of
employment you acknowledge that you will be subject to video surveillance.

45.2 The Company will also undertake computer surveillance to monitor all email and
internet communications which are received or sent from the Company’s internet
facility or using the Company’s computer systems and networks. The surveillance will
usually be monitored by the Company’s IT staff and any responsible manager.

45.3 You understand and accept that the Company will monitor and audit employee
workplace actions and activities. You also agree to participate in any random
employee spot checks that the Company deems necessary to prevent theft and/or
fraud.

46 Pre-contractual Negotiation

46.1 This agreement represents a full record of the employment agreement entered into
by you and the Company and supersedes and excludes any prior or collateral
negotiation, understanding, customary practices, communication or agreement or
term of agreement (written or oral) by or between the parties.

47 Statements in Respect of Application for Employment

47.1 It is a condition of this Agreement that all representations and statements made by
you to the Company or any Company employee in respect of your application for
employment are true and accurate, and that you have disclosed to the Company all
information which might materially influence the Company’s decision to employ you.
Any breach of this clause may result in summary dismissal.

48 Force Majeure
48.1 Neither party will be liable to the other for any failure to perform the party's
obligations under this agreement by reason of an event beyond the party’s
reasonable control (such as, without limitation, extreme weather, fire, nuclear
incident, cyber attack, civil unrest, epidemic, pandemic, outbreak of disease, war,
natural disaster, electricity failure, strike or governmental action) (Interrupting Event).

48.2 If an Interrupting Event occurs, and affects a party’s ability to perform some/all its
obligations under this agreement, the party affected must:
48.2.2 notify the other party as soon as practicable after the Interrupting Event occurs,
and provide information concerning the Interrupting Event, including an estimate
of the time likely to be required to overcome it;
48.2.3 take all reasonable steps to overcome the Interrupting Event and minimise the
loss to the other party; and
48.2.4 continue to perform that party's obligations as far as practicable.
48.3 If an Interrupting Event occurs, and prevents the Company from being able to
perform its obligations under this Agreement, the Company may require you to
undertake alternative duties, or work from another location.

48.4 Without limiting this clause, you acknowledge that the Company will not be required
to provide you with work or pay your remuneration, and you will not be required to
work, where work is not available for you or you are unable to work due to an
Interrupting Event.

48.5 Nothing in this clause prevents the Company from exercising any of its other rights
under this Agreement at any time including terminating your employment on the
grounds of redundancy.

49 Governing Law

49.1 This agreement will be governed by the laws of New Zealand.

50 Variation/No Waiver

50.1 Variations to this Agreement must be agreed in writing and signed by both parties.
No waiver of any terms of this Agreement will be effective unless that waiver is
mutually agreed and recorded in writing.

51 Privity

51.1 The undertakings made by you under this agreement are for the benefit of the
Company and for each of its related companies and may be enforced by any of those
companies in accordance with the provisions of the Contract and Commercial Law
Act 2017 (Part 2, Subpart 1).

52 Acceptance
52.1 Please sign the attached copy of this letter and return it to the Human Resources
Department or your manager to acknowledge your acceptance of this position, within
five days of receiving this offer.

53 Acknowledgement

53.1 You acknowledge that:


53.1.2 you may legally work in New Zealand;
53.1.3 you have read, considered and accepted these terms and conditions of
employment and were not induced into this Agreement by oppressive means,
undue influence or duress;
53.1.4 you have not deliberately failed to disclose any matter that could have materially
influenced the Company’s decision on whether to employ you, including any
relevant criminal convictions (unless disclosure is not required under the Criminal
Records (Clean Slate) Act 2004), or previous dismissals from employment;
53.1.5 you have been provided with a copy of this agreement and have read, understood
and agreed to its terms;
53.1.6 you have been advised of the entitlement to obtain independent advice about this
agreement, and have had a reasonable opportunity to do so, before accepting;
and
53.1.7 the Company has relied on the above acknowledgements in offering employment
to you, and if any of the information referred to above is incorrect or misleading
in any material respect, the Company may terminate your employment without
notice.
APPENDIX A
EMPLOYMENT DETAILS

Commencement Date with the Company 3 January 2024


Effective Date of Your New Role 28 October 2024
Hourly Rate $28.45 gross per hour
Guaranteed Hours Per Week 40.00
Availability Hours Per Week 45.00
Times and Days of Work Mon, Wed-Fri & Sun 1:30pm-10:00pm
(Tue/Sat Off)
Place of Work Christchurch Airport
Notice Period Two weeks
Restraint Period One (1) month
APPENDIX B
JOB DESCRIPTION

Attached to this offer as a separate document


APPENDIX C

RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS

If you have an employment relationship problem (for example, a personal grievance,


dispute over interpretation of this agreement, a claim for arrears of salary or holiday
pay), you will first seek to resolve the problem by discussing it with the Company as
soon as possible, in accordance with the Workplace Grievance Policy. You should raise
the problem in writing with the Company as soon as possible and the parties should
quickly meet to discuss the matter and endeavour to resolve it. If the parties are unable
to resolve the problem, either party may seek mediation from the Ministry of Business,
Innovation and Employment or refer the matter to the Employment Relations Authority
(the Authority) (both mediation and investigation by the Authority are services available
for the resolution of employment relationship problems).

If the employment relationship problem is a personal grievance, you must raise the
grievance with the Company within a period of 90 days beginning with the date on
which the action alleged to amount to a personal grievance occurred or came to your
notice, whichever is the later.

In respect of a personal grievance under section 103(1)(d) [personal grievance for sexual
harassment], the period to raise the grievance with the Company is 12 months
beginning with the date on which the action alleged to amount to the personal
grievance occurred or came to the notice of the employee, whichever is later.

Where any matter comes before the Authority for determination, the Authority must
direct the matter to mediation in the first instance. Where mediation has failed or been
deemed inappropriate in the circumstances, the Authority will then have the power to
investigate the matter.

If the employment relationship problem relates to discrimination or sexual harassment,


services available for the resolution of the problem include either application to the
Authority for the resolution of the grievance or a complaint under the Human Rights Act
1993, but not both.

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