For advice on seasonal workers and workplace agreements, please contact Employsure on 0800 675 700. If a collective agreement covers your employment, your new employee must have the same conditions as the collective agreement – or better conditions – for the first 30 days of employment. After 30 days, if the worker has not joined the union, employers and workers can agree to make changes or sign a new individual agreement. Seasonal employers who acted in good faith and provided additional work to their migrant workers who were unable to return to their countries due to travel restrictions should do so with caution. These inappropriate extensions, although due to the pandemic, do not prevent employers from complying with current labour laws. The court ruled that Talley`s had failed to meet these requirements in terms of fixed duration. First, Talley has no valid reasons based on reasonable grounds to indicate that his employment relationship was to end after the specified period or the end of a given season. Second, Talley`s had not included the following provisions in Ms. Turner`s individual employment: if positions can be cancelled or cancelled, this must now be stipulated in your employment contracts, along with details of the notice period and the amount of compensation proposed. The termination of position clause (Link leaving this page) in our employment contract builder contains guidance on how to determine what a reasonable notice period and appropriate remuneration means for your company.
The collective agreement contained a clause (clause 3) which states that at the end of the season, a seasonal worker was responsible for informing the company of his contact details, that he had 5 days to return to work after the notification and that the company rehired seasonal workers on the basis of their initial departure date and their skills in performing the work. Among the skills were their physical abilities and reliability. The labour relations agency found that the worker was not an employee at the time the employer decided not to rehire her and that she could not therefore take into account her unjustified appeal in relation to dismissal. However, she was disadvantaged with regard to Article 3 of the collective agreement, which prolongs the termination of her employment relationship. The company manager admitted that his decision not to offer the worker a job was partly due to the fact that, when assessing her physical abilities and reliability, he took into account the fact that she had been attained at VAC at the end of the previous season and that her partner had recently been convicted of growing cannabis. This made her believe that she could be using drugs herself. The Authority found that the failure to consult the employee and attempt to gather even basic information to form a thoughtful opinion on her physical capacity and reliability was far below what a fair and reasonable employer would have done in the current circumstances. .
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