OHbaby! Forums : Work Contracts https://www.ohbaby.co.nz/forum/ Copyright (c) 2006-2013 Web Wiz Forums - All Rights Reserved. Sat, 04 Apr 2026 23:31:11 +0000 Sat, 03 May 2008 19:34:04 +0000 http://blogs.law.harvard.edu/tech/rss Web Wiz Forums 12.05 360 https://www.ohbaby.co.nz/forum/RSS_post_feed.asp?TID=16881 <![CDATA[OHbaby! Forums]]> https://www.ohbaby.co.nz/forum/forum_images/web_wiz_forums.png https://www.ohbaby.co.nz/forum/ <![CDATA[Work Contracts : If she wants a job with the new...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373764&title=work-contracts#373764 Author: jaz
Subject: 16881
Posted: 03 May 2008 at 7:34pm

If she wants a job with the new owners she'll need to sign a new Employment Agreement. Restraint of Trade are hard to enforce as you are not legally allowed to deny someone the right to earn a living in their chosen profession. Any hospitality role within 10km for a whole year is pretty extreme. Also, you need to pay the person during this period (as they have a right to earn a living). I doubt they'd take a cleaner to court to impose a restraint of trade. ]]> Sat, 03 May 2008 19:34:04 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373764&title=work-contracts#373764 <![CDATA[Work Contracts : It&#039;s normal in PN to have...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373709&title=work-contracts#373709 Author: busymum
Subject: 16881
Posted: 03 May 2008 at 6:51pm

It's normal in PN to have a clause like that in cleaner contracts, the friend of mine who is in that job does home help etc. She's subject to not working for the same person within 6mos of having worked for that person via her employer. I think she might have a radius limit for 6mos as well but I can't exactly remember.

Cross it out and sign. They can always come back to her to negotiate it. I'd go for 6mos or less and maybe a 5km radius.]]> Sat, 03 May 2008 18:51:36 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373709&title=work-contracts#373709 <![CDATA[Work Contracts : Yep I have one ... however I doubt...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373441&title=work-contracts#373441 Author: lilfatty
Subject: 16881
Posted: 03 May 2008 at 9:32am

Yep I have one ... however I doubt it would be enforced although it doesnt have a radius it is more that I cant go and work for the competition or set up in competition for a certain period of time.

]]> Sat, 03 May 2008 09:32:33 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373441&title=work-contracts#373441 <![CDATA[Work Contracts : Yeah restraint of trade clauses...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373347&title=work-contracts#373347 Author: Bobbie
Subject: 16881
Posted: 02 May 2008 at 11:21pm

Yeah restraint of trade clauses are notoriously hard to enforce.

I've always had them but my last job still let me go to my new job which was just across the road and in the same industry.

Mind you I work in I.T. - a little different from Hospo. The guy sounds a bit of a w*nker to be honest.]]> Fri, 02 May 2008 23:21:46 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373347&title=work-contracts#373347 <![CDATA[Work Contracts : Seems very OTT for a cleaner but...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373222&title=work-contracts#373222 Author: Paws
Subject: 16881
Posted: 02 May 2008 at 9:07pm

Seems very OTT for a cleaner but then again maybe they think that in her role she could have access to sensitive material.

It's certainly not unheard of. (think the Hell Pizza/Pizza Hut uproar a year ago or so)]]> Fri, 02 May 2008 21:07:51 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373222&title=work-contracts#373222 <![CDATA[Work Contracts : Yep, my dad has restraint of trade...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373196&title=work-contracts#373196 Author: Maya
Subject: 16881
Posted: 02 May 2008 at 8:36pm

Yep, my dad has restraint of trade clauses in the contracts he gives his consultants, but we're talking high-level positions with the potential for leaking confidential info and business practises.
It seems a bit wacko and OTT for a cleaner!]]> Fri, 02 May 2008 20:36:15 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373196&title=work-contracts#373196 <![CDATA[Work Contracts : It would be very hard to hold...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373187&title=work-contracts#373187 Author: minik8e
Subject: 16881
Posted: 02 May 2008 at 8:29pm

It would be very hard to hold up in court, because it's detrimental to her future and overly harsh (10km is HUGE). It's called a restraint of trade clause. You usually see it in contracts where the position is quite vital and involves sensitive material within that industry (such as restaurant owners who have sold the business having a restraint of trade clause within the agreement for sale and purchase with no competition to be set up within say 5km of the original restaurant) - no offence intended, but your mum's position doesn't really fit that bill!!

Cross it out and sign it - if they refuse to sign, then give the Dept of Labour (Employment Relations Service) a call. They have a tollfree number in the local phone book I think.]]> Fri, 02 May 2008 20:29:53 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373187&title=work-contracts#373187 <![CDATA[Work Contracts : MILF wrote:from what i understand,...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373158&title=work-contracts#373158 Author: peanut butter
Subject: 16881
Posted: 02 May 2008 at 8:14pm

Originally posted by MILF MILF wrote:

from what i understand, it is very hard to hold up in court because the old employer cannot stand in the way of a person's right to earn a living.   would be a different story if she was to open her own backpackers though.


Thats my understanding too.   And I am pretty sure she doesnt have to sign a contract and she is still eligible for all the statutory rights....ie they cant fire her without going through a hideously involved process. Also if they keep pressuring her she might have a personal grievance case if she feels she had no choice but to leave.]]> Fri, 02 May 2008 20:14:37 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373158&title=work-contracts#373158 <![CDATA[Work Contracts : from what i understand, it is...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373096&title=work-contracts#373096 Author: MILF
Subject: 16881
Posted: 02 May 2008 at 7:31pm

from what i understand, it is very hard to hold up in court because the old employer cannot stand in the way of a person's right to earn a living.   would be a different story if she was to open her own backpackers though.]]> Fri, 02 May 2008 19:31:31 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373096&title=work-contracts#373096 <![CDATA[Work Contracts : She can always ask that it is...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373091&title=work-contracts#373091 Author: mummy_becks
Subject: 16881
Posted: 02 May 2008 at 7:29pm

She can always ask that it is taken out, or changed to not working in another backpackers for 12 months. Then at least she can work in a hotel.

]]> Fri, 02 May 2008 19:29:05 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373091&title=work-contracts#373091 <![CDATA[Work Contracts : The new owners are real creeps,...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373088&title=work-contracts#373088 Author: MissCandice
Subject: 16881
Posted: 02 May 2008 at 7:27pm

The new owners are real creeps, the guy that bought it has my mum afraid to be in the room alone with him because he is very touchy feely. May be nthing but it makes her feel really uncomfortable. Shes too soft to say anything.
Isnt 10km the whole of christchurch!?

Edited by KylahsMum]]> Fri, 02 May 2008 19:27:10 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373088&title=work-contracts#373088 <![CDATA[Work Contracts : That is so unfair. My mum cleans...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373085&title=work-contracts#373085 Author: MissCandice
Subject: 16881
Posted: 02 May 2008 at 7:25pm

That is so unfair. My mum cleans at the backpackers. That means when she leaves she cant get a job in a hotel or nothing!]]> Fri, 02 May 2008 19:25:11 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373085&title=work-contracts#373085 <![CDATA[Work Contracts : I&#039;m pretty sure they can...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373081&title=work-contracts#373081 Author: peanut butter
Subject: 16881
Posted: 02 May 2008 at 7:23pm

I'm pretty sure they can ask, she doesnt have to sign and they cant fire her. 10km radius is abit extreme and not to put down your mother, working in a backpackers isnt an invaluable/critical to the business role so I would see it as OTT.

I have had that in some of my contracts and I flatly refused saying that if I signed that and something happened that changed my circumstances I wouldnt be able to work in pretty much all of chch.

I have also heard (and this may be totally wrong) that these clauses dont stand up well in court.

I would say 9and this is just what I wuold do) that if she is happy with the rest of her contract she can jsut cross that clause out, initial it and sign.

But she may not need to even sign at all....although I think then they could not give her pay rises etc.

but I am not an employment lawyer so could be WAY OFF TRACK. You could probably ring the dept of labour or check out their website.]]> Fri, 02 May 2008 19:23:45 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373081&title=work-contracts#373081 <![CDATA[Work Contracts : Yes they can do that. It was in...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373077&title=work-contracts#373077 Author: mummy_becks
Subject: 16881
Posted: 02 May 2008 at 7:21pm

Yes they can do that. It was in Dh's contract when he worked at the YMCA.

]]> Fri, 02 May 2008 19:21:09 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373077&title=work-contracts#373077 <![CDATA[Work Contracts : My mum works for a backpackers...]]> https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373072&title=work-contracts#373072 Author: MissCandice
Subject: 16881
Posted: 02 May 2008 at 7:16pm

My mum works for a backpackers and has done for 9 years. They just sold the backpackers to new people.

They gave mum her contract last night and in it is a clause saying if they leave the backpackers they are not allowed to work in the hospitality industry (a 10km radius) for 12 months!!

Can they do this? If she refuses to sign, can they fire her?

ETD: For my missing letters

Edited by KylahsMum]]> Fri, 02 May 2008 19:16:12 +0000 https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=16881&PID=373072&title=work-contracts#373072