My first point of irritation is why do people continually sign agreements that they have not read. This just does not include employment agreements, it includes sharemilking agreements, agreements for sale and purchase etc etc. The number of people that come into me to try to “fix” something for them, show me what they have signed and then when I ask them did they read it, stare blankly at me and say no, truly enrages me.
In 2008 when most people can read and write there is no excuse for this.
If people are unable to understand the document then there are places to go to. If you cannot afford a lawyer then there are other organisations around town that can at least provide some assistance.
My second irritation this week relates to peoples desire to save money by doing “do it yourself” employment agreements (this is on a par with people doing their own wills). At a seminar recently I was shown an employment agreement by a business woman who was in a contracting business. When I asked where she got her employment agreements from she rather sheepishly explained that she had “did them herself” and worked off the internet. The problem was that in addition to New Zealand law she had taken bits that she liked from Bangladesh law and Outer Mongolia and included what appeared to be a clause that would have been present in an 1800’s sweatshop contract.
There is absolutely no point in having an agreement unless it is:
New Zealand law;
Legal
Up to date.
When I asked the contractor how much a wheel on one of her tractors was worth she had the good grace to be embarrassed when I told her how many employment agreements she could have had drafted by me for the cost of one tyre.
Another annoying point for me is that people do not seem to want to ever change their employment agreements. Therefore if someone has an agreement that their lawyer drafted for them in 1970 they want to hold on to this agreement so as not to go to the added expense of having to get it updated. Again there is little point in having an agreement if it refers to legislation that was abolished ten years before the agreement was signed.
Hopefully by the next column I will be in a better mood. I am going on a “team bonding trip” with my fellow litigators and families to Manapouri. As many of you know this could be a fabulous weekend or could result in a number of dismissals (followed by personal grievances) and/or fist fights so hopefully none of the above will occur and I will be in a better mood next week.
This article originally appeared in the Southland Times Work To Rule column. Mary-Jane Thomas is head of Preston Russell's employment law team. Contact her by clicking here
