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Welcome [First Name][Last Name] to [Insert Club Name]

By far the most popular templates available in the Clubs New Zealand Resource Room are the model employment agreements, and it makes sense, legally every employee must have a written employment agreement.

Unfortunately, however, we are discovering that a number of clubs are not reviewing the templates and making necessary changes before presenting them to prospective employees, and yes there are employment agreements out there with [insert club name] still prominently displayed on the front cover.

When do rule changes come into effect?

A club’s constitution or rules is one of your most important documents. Every individual club constitution is different and relates only to your club. It has been shaped by the needs of the club and members from the day the club was established and needs to be continually reviewed and revised over the years and needs to continue to be reviewed in line with the objects of the club in order to stay relevant.

Not So Settled

A recent Employment Court decision, Lumsden v. Skycity Management Limited (March 2017) looked at the enforceability of mediated settlement provisions. Mr Lumsden was employed in a restaurant at Skycity. In September 2015 he wrote a letter to his employer raising three separate concerns. The parties agreed to attend mediation.  Before these concerns could be resolved a formal customer complaint was raised against him and a meeting to investigate was set for a date a few days after the arranged mediation. At mediation, concerned that Skycity was intent on terminating his employment, Mr Lumsden resigned as part of a settlement. That settlement contained common terms setting out compensation, confidentiality, non-admission of liability etc. It also included:

Corporate Membership

A number of Clubs have requested information about “Corporate Membership”.

This is a perfectly legitimate “class” of membership, as long as you formally adopt it as part of your Clubs’ Constitution and only allow the Corporate “Associates” (Staff) to do what your Constitution says they can.