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Hiring & Agreements

We help you classify roles correctly and draft agreements that protect your business from day one.

6 min read
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Erick Smith, Consultant at Carlile Dowling

Written by

Erick Smith

Consultant

Reviewed by

Carlile Dowling Lawyers

24 February 2026

Originally published 1 September 2025 Last updated 24 February 2026

General information only — not legal advice.

Erick has drafted thousands of employment agreements for Hawke's Bay employers and reviews trial periods, restraints, and casual contracts every week.

Getting the foundation right

A misclassified engagement creates problems everywhere. Pay disputes, leave issues, termination risk, and personal grievance exposure all trace back to the agreement.

We see this regularly with Hawke's Bay employers. Seasonal hires, trades work, and senior roles each carry specific risks that generic templates miss.

The strongest agreements are drafted before problems arise. We help you build documents that work when things get difficult.

Three decisions before you offer the role

  • 1 Employee or contractor? Calling someone a contractor does not make them one. If they are really an employee, the label will not protect you. New gateway test rules can provide certainty for some arrangements, but only when all criteria are met.
  • 2 Permanent, fixed-term, or casual? Permanent is the default for ongoing work. Fixed-term needs a genuine reason and careful drafting. Casual requires genuine irregularity with clear language about no guaranteed hours.
  • 3 Pay structure and hours. Hourly or salary? Set hours or variable? Allowances for travel, tools, or accommodation? These choices drive minimum wage compliance and payroll setup.

What a strong agreement looks like

We draft agreements that are clear on role, pay, hours, and expectations. They align with your real workplace practices and hold up under pressure.

Clauses we commonly tailor:

  • Trial periods and probation: The clause and process must both be correct
  • Confidentiality and IP: Critical where customer data or pricing is involved
  • Restraints of trade: Must be reasonable and specific to the role
  • Flexibility clauses: Duties, location, and hours need lawful, clear drafting
  • Termination notice: Including how notice can be worked or paid in lieu

Good practice:

Recent law changes require employers to provide agreement copies within set timeframes. We help you build systems for quick, accurate retrieval.

Questions?

Our employment team helps employers get their foundation documents right.

Get in Touch

What we see across Hawke's Bay

Seasonal teams

Horticulture and viticulture employers need agreements that match season length and payroll realities.

Construction and trades

Contractor documentation must reflect genuine independence. Status can be challenged later.

Hospitality

Variable rosters make time records and leave calculations more important than most employers expect.

Small teams

One poor hire has outsized impact. Clear agreements reduce stress and protect your culture.

Records you need at your fingertips

Well-run businesses still get caught out on record-keeping. We help you organise these so they are accessible when needed.

  • Signed employment agreement and any variations
  • Job description, even a simple one
  • Wage and time records, plus leave records
  • Policies referenced in the agreement
  • Onboarding documents, offer letter, and start date confirmation

When to get advice from us first

Some hiring situations carry higher risk. We recommend getting advice before you sign anything in these cases.

  • 1 Fixed-term arrangements: These need a genuine reason and precise drafting.
  • 2 Senior hires: Incentive structures, restraints, and confidentiality clauses need careful drafting.
  • 3 Contractor engagements: We review the arrangement against gateway test criteria.
  • 4 Business sales and transfers: Inheriting staff creates obligations you need to understand upfront.

We are happy to discuss your situation before you commit. Call us on 06 835 7394 or email mailbox@cardow.co.nz .

What we do at this stage

We draft role-specific agreements, build onboarding processes, create policy frameworks that match how your business runs, and review contractor documentation.

Up next

Pay & Hours

Minimum wage checks, deductions, KiwiSaver, and payroll hygiene

Need an agreement reviewed before your next hire?

We review employment agreements, trial periods, restraints, and casual contracts — and catch the clauses that create exposure later.

Or email us at mailbox@cardow.co.nz

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