October 25, 2023 15:21

AHS Hospitality NZ

NZ PT Employment Contract

EMPLOYMENT AGREEMENT

Between

Jefferson Dacara

and

AHS New Zealand Limited

Employment Agreement

Parties

1. Jefferson Dacara (“You")

2. AHS New Zealand Limited - NZBN 9429034959206 ("Company")

Agreement

1. Position and Duties

1.1 Your position is set out in Schedule 1 and your Position Description is set out in Schedule 2 and may be amended by the
Company.

You may be required to perform additional or alternative duties to those set out in the Position Description.

2. Commencement
2.1 This Agreement commences on the date set out in Schedule 1.

3. Location
3.1 Your place of work will be at the address set out in Schedule 1.

You agree that the Company may reasonably relocate your place of work to anywhere within the region specified in Schedule
1.

4. Hours of Work
4.1 Your usual hours, times, and days of work are set out in Schedule 1.

5. Breaks
5.1 You are entitled to breaks, to be taken at times convenient to the Company, as follows:
a. Where you work for two to four hours, a 10 minute paid rest break.

Where you work for four to six hours, a 10 minute paid rest break and a 30 minute unpaid meal break.

b. Where you work for six to eight hours, two 10 minute paid rest breaks and one 30 minute unpaid meal break.

Where you work for more than eight hours, breaks up until that eighth hour and then additional break entitlements as if a
new work period had commenced at the end of the eighth hour.

6. Shift Cancellation
6.1 If, for any reason, the Company decides to cancel a shift that you are scheduled to work, it will give you 48 hours’ notice.
You agree that this period of notice is reasonable.

If, for any reason, the Company decides to cancel a shift that you are scheduled to work, and it gives a lesser period of notice
than the period specified in the above clause (but it still notifies you before the commencement of the shift), it will pay you
50% of the shift in compensation.

7. Remuneration
7.1 Your total remuneration is set out in Schedule 1, and will be paid by direct credit to your nominated bank account on a
fortnightly basis.

The employer contribution is 3% of your gross salary or wage and it will be paid directly into your KiwiSaver scheme.

8. Consent to Deductions
8.1 You consent, pursuant to the Wages Protection Act 1983, to the Company deducting from your pay (including holiday
pay). Following consultation with you the Company may deduct, for example, for any overpayments, outstanding debts or
moneys owed to the Company, the value of any unreturned property, or, in the event that you fail to give the correct period of
notice, a sum equivalent to the remuneration that would have been paid during the notice period.

9. Commissions
9.1 You must not demand, claim or accept any fee, gratuity, commission or benefit from any person other than the Company
in payment for any matter or thing concerned with your duties, except with the Company’s prior written consent.

10. Your Obligations

10.1 You shall:

a. Comply with all reasonable and lawful instructions of the Company;

Perform all duties with reasonable skill and diligence;

b. Conduct all duties in the best interests of the Company and the employment relationship;

Deal with the Company in good faith in all aspects of the employment relationship;

c. Devote the whole of your time, attention and efforts to the Company;

Encourage an harmonious and co-operative work environment; and

d. Take all practicable steps to perform the Position in a way that is safe for all in the workplace.

11. Health and Safety

11.1 The Company is committed to providing a safe work environment. You agree to take responsibility for ensuring your
own safety and the safety of others in the workplace, including complying with all health and safety requirements, policies,
procedures, training, guidelines and recommendations.
You must wear/use all protective clothing and equipment provided by the Company.

11.2 You must immediately report all hazards or potential hazards, work related injuries, accidents, and incidents (including
near misses), whether or not the accident or incidents took place on the Company’s premises, to the Company. You must help
to complete any necessary records including the accident register, as required by the Company.

You are required to ensure you maintain your ability to perform your duties safely and effectively. You must advise the
Company of any medical condition (including stress-related symptoms) which may impact on your ability to perform your
duties safely or effectively.

11.3 In the event that you fail to comply with the rules and procedures, you may be subject to disciplinary action up to and
including dismissal.

12. Holidays Act 2003

12.1 All annual holiday, public holiday, sick leave and bereavement leave entitlements are administered in accordance with
the Holidays Act 2003. The entitlements within this agreement are inclusive of and not in addition to the entitlements in the
Act.

Annual Holidays

12.2 You will be entitled to four weeks’ annual holidays per annum following each 12 months’ continuous service.

Annual holidays may be taken by agreement with the Company, or if agreement cannot be reached, by the Company giving 14
days’ notice of the requirement to take holidays. Annual holidays should be taken in the year that they fall due.

12.3 You will be paid for annual holidays in the pay period to which the annual holiday relates.

You acknowledge that the Company may have a closedown period and that you may be required to take annual leave during
the closedown.

Public Holidays

12.4 The following days are recognised as public holidays:

a. Christmas Day (25 December)

b. Boxing Day (26 December)
c. New Year's Day (1 January)
d. Day after New Year's Day (2 January)
e. Waitangi Day (6 February)
f. Good Friday (varies)
g. Easter Monday (varies)
h. ANZAC Day (25 April)
i. Queen's Birthday (1st Monday in June)
j. Labour Day (4th Monday in October)
k. Anniversary Day (varies)
l. Matariki (varies)

12.5 The Company may require you to observe a Public Holiday on another day.

You may be required to work on a public holiday. You will be specifically advised of this in advance.

12.6 If you are required by the Company to work on a public holiday, you will be paid for the hours actually worked, at the
rate of 1.5 times your relevant daily pay (calculated on an hourly basis).

If you are required by the Company to work on a public holiday and that day would otherwise have been a working day for
you, you will receive an alternative holiday.

Sick Leave
12.7 After six months’ continuous employment you will be entitled to ten days of sick leave in each subsequent 12 month
period. Unused sick leave may be accumulated up to a maximum entitlement of 20 days in any one year.

Sick leave may be taken when you, your spouse or partner, or someone else who depends on you for care, is sick or injured.

12.8 You must notify the Company as early as possible, but at least two hours before your usual start time if sick leave is to
be taken. If this is not practicable, you must notify the Company as soon as possible after that time.

The Company may require you to provide proof (which may include a medical certificate) before paying for sick leave. If the
sickness or injury is:

a. for less than three days, the Company will meet the cost of any medical certificate required to prove sickness or injury;

for three or more days, you will meet the cost of any medical certificate to prove sickness or injury.

12.9 Additionally, you may be required to produce a medical certificate for any unpaid sick leave in excess of the sick leave
entitlement.

Bereavement Leave

12.10 After six months’ continuous employment you will be entitled to bereavement leave.

You may take up to three days’ bereavement leave on the death of your spouse (including de facto partner), parent, child,
brother, sister, grandparent, grandchild or spouse's parent. You may take one day’s bereavement leave on the death of any
other person, if, having regard to the factors in the Holidays Act 2003, the Company accepts that you have suffered a
bereavement.

12.11 You must notify the Company as early as possible, but at least two hours before your usual start time if bereavement
leave is to be taken. If this is not practicable, you must notify the Company as soon as possible after that time.

13. Parental Leave

13.1 You will be entitled to parental leave in accordance with the Parental Leave and Employment Protection Act 1987.

14. Suspension
14.1 The Company may suspend you from the workplace or from all or any usual duties and responsibilities, to enable the
Company to investigate any employment matter or for health and safety reasons. The suspension may be paid or unpaid at
the Company’s discretion.

15. Termination
15.1 Either party may terminate employment by giving no more and no less than the notice set out in Schedule 1. Notice
must be given in writing.

During the notice period, the Company may require you not to attend work, to cease some or all of your usual duties, or to
perform other duties. The Company may elect to pay you in lieu of some or all of the notice period.

15.2 If you do not give the required notice the Company is entitled to deduct the sum equivalent to the remuneration for
the required notice period from any money owed to you or to otherwise recover the sum.

The Company may terminate your employment without notice for serious misconduct which includes but is not limited to:

(a) behaving in a way that is inconsistent with your continuing Employment;

(b) breaching any AHS or applicable Hotel policy, including, without limitation, engaging in any discriminatory behaviour,
harassing or bullying any employee of AHS or the Hotel, breaching AHS’s code of conduct and values policy, or failing to
comply with workplace health and safety obligations;
(c) engaging in any act or omission constituting serious or persistent misconduct including theft, fraud or assault;
(d) committing a serious or persistent breach of this Contract;
(e) engaging in inappropriate or unlawful workplace behaviour;
(f) being charged with, pleading to, or being found guilty of, any criminal or indictable offence which in AHS’s reasonable
opinion may bring AHS, the Group or any Group Company into disrepute;
(g) being under the influence of drugs or alcohol while at work;
(h) failing to follow any lawful and reasonable direction made by AHS or the Hotel;
(i) ceasing to be legally entitled to work in New Zealand or breaching any applicable visa conditions; or
(j) any other act or omission justifying summary dismissal at common law or under the Act.

15.3 The Company may terminate your employment on notice (which may be unpaid) if you become incapable of the proper
ongoing performance of your usual duties as a result of physical or mental illness or injury.

You will be deemed to have terminated employment without notice if you are absent from work for three consecutive
working days without notifying the Company and without good cause.

16. Business Interruption

16.1 If the Company’s business is interrupted by unforeseen events beyond its control (for example by natural disasters,
damage to the workplace premises, governmental action, war, terrorism or health epidemic or pandemic) the Company may
be unable to provide work for you to perform ("Business Interruption"). If this happens, the Company will endeavour to
consult with you before determining whether our employment relationship can reasonably continue. This will include
consulting with you about whether your work and remuneration will continue following the event/s causing the Business
Interruption.

You acknowledge that the Company will not be required to provide you with work or pay your remuneration where your
usual work is not available due to Business Interruption.

17. Medical Assessment

17.1 Where the Company considers that you may not be capable of the proper performance of your usual duties due to
illness or injury (whether physical or mental), the Company may require you to be examined and assessed by a medical
practitioner nominated and paid for by the Company, in order to assess fitness for work.

You agree to co-operate with the medical assessment and any examination and consent to the release of all resultant medical
information to the Company.

18. Redundancy and Restructuring

18.1 Redundancy means a situation where your employment is terminated because your position is no longer required by
the Company.

If your employment is terminated on the grounds of redundancy the Termination clause of this Agreement will apply, and no
redundancy compensation is payable.

Technical Redundancy

18.2 You will not be considered redundant and will not be entitled to any redundancy entitlements, including notice of
Termination, if:

a. You are offered alternative employment with the Company on terms and conditions generally no less favourable overall
than under this Agreement; or

The redundancy of your position occurs as the result of a restructuring and the new employer offers you employment on
terms and conditions generally no less favourable than under this Agreement.

Restructuring - Employment Protection Provision

18.3 Restructuring means any arrangement where all or part of the Company's business is sold, transferred or contracted
out to a new employer. It does not include the termination of a contract or arrangement under which the Company carries
out work for another party, a sale of shares or any arrangements or contracts entered into if the Company is in receivership
or liquidation.
You are an affected employee if, as a result of a restructuring, your position may no longer be required by the Company; and
the type of work performed by you is proposed to be performed by or on behalf of another person.

18.4 A new employer means the entity that undertakes, or proposes to undertake, the Company's business (or part of it) for
the Company or to whom the Company's business (or part of it) is, or is to be, sold or transferred.

Before the Company carries out any restructuring it will discuss your employment with the new employer and negotiate with
the new employer about the possibility of your employment transferring to it.

18.5 The process the employer will follow in negotiations with a new employer in relation to a restructuring will include:

a. Providing information relating to you about your position;

Determining:

i. Whether you are an affected employee;

Whether the negotiations are confidential or commercially sensitive;
ii. What information will be given to affected employees and when (taking into account confidentiality and commercial
sensitivity);
b. Discussing whether:
i. The new employer is prepared to negotiate a transfer of affected employees’ employment, and if so whether the transfer
will be on the same terms and conditions of employment or otherwise;
Any transfer of employment will recognise service as continuous;
ii. Any transfer will include the transfer of accrued entitlements and if so, what entitlements will be transferred.

18.6 You authorise the Company to release information relating to you and your position to the new employer.

If you accept employment with the new employer, you agree that accrued entitlements may be transferred to the new
employer.

18.7 If you are offered, but do not accept, employment with the new employer, the provisions of the Technical
Redundancy clause in this Agreement will apply.

If you are not offered a position with the new employer, the Company will refer to this Agreement to determine what, if any,
entitlements are available.

19. Property
19.1 On termination of your employment, or at the Company’s request, you will immediately return to the Company all
of the Company’s property that is in your possession or control. This includes any information, documents, motor vehicles,
products, keys and access or security cards.

20. Confidential Information

20.1 Confidential information includes, but is not limited to, information relating to pricing, sales, marketing, financial
details, suppliers, clients, customers, training, operations, products, inventions, techniques, procedures, third party
contractual arrangements, commercially sensitive material, computer programming and software, intellectual property, and
the terms of this Agreement.

In the course of the employment relationship, you will obtain, or have access to, confidential information, which must be kept
strictly confidential.

20.2 You may not, without the Company’s consent:

a. Use, discuss or disclose confidential information, the Company’s business or the business of its customers or suppliers
publicly; or

Remove, copy or distribute any confidential information, including customer, supplier or product information, from the
Company’s premises without the Company’s consent.
20.3 Your obligations regarding confidential information apply both during employment and after termination.

21. Intellectual Property

21.1 Intellectual property includes, but is not limited to, all rights (including copyright) in inventions, designs, new or
modified procedures or developments or similar. All intellectual property developed by you during the employment
relationship is the property of the Company and you give up any claim to that intellectual property.

You agree to execute all documents and do everything which may be necessary to obtain letters patent, or other adequate
protection, or perfect the transfer of intellectual property rights in any part of the world for the Company's exclusive benefit.

21.2 These intellectual property provisions apply both during and after the employment relationship.

22. Conflict of Interest

22.1 You will not be permitted to engage in any other employment, business or outside activities (other than incidental
investments which do not present any actual or potential conflict) without the Company’s prior written consent. This is
because engaging in secondary employment may, without limitation: Create a risk of disclosure of the Company's
commercially sensitive information;

a. Put the Company's intellectual property at risk;

b. Reflect adversely on the Company's commercial reputation;

c. Either indirectly or directly, create a real conflict of interest that cannot be managed without restricting your secondary
employment; and/or

d. Impact on your ability to devote your energy to and safely and effectively perform your role with the Company (including
the requirement to work reasonable additional hours as outlined above).

23. Employment Relations Information

23.1 An employment relationship problem is any problem relating to, or arising out of, an employment relationship,
including personal grievances and disputes.

If you have a problem you should first discuss it with your manager or supervisor at the earliest opportunity.

23.2 You must raise any employment relationship problem with the Company in writing. You must raise any personal
grievance with the Company within 90 days. If the Company is unable to resolve your concerns, then either party may seek
outside assistance.

The Ministry of Business, Innovation and Employment offers services for resolving employment relationship problems. These
services include mediation. If the problem cannot be resolved by mediation, then you or the Company may make an
application to the Employment Relations Authority or Employment Court.

23.3 The Ministry of Business, Innovation and Employment can provide information about employment relationship
problems, holidays, and entitlements. You can contact the Ministry of Business, Innovation and Employment on 0800 20 90
20 or at https://www.employment.govt.nz/resolving-problems.

24. Policies
24.1 You must know and comply with all Company policies, work rules or procedures. The Company may introduce new
policies, or amend or delete existing policies, at its sole discretion.

25. Variations
25.1 The terms of this Agreement may be only varied by agreement in writing.

26. Completeness
26.1 This Agreement (including the attached Schedules) represents the entire agreement between the parties, and
replaces any prior or other agreements, variations or arrangements, whether verbal or in writing.

27. Declarations and Execution

27.1 You acknowledge and declare that, prior to entering into this Employment Agreement, you have:

a. Received a copy of, read and understood this Employment Agreement;

Been advised of the right, and been given a reasonable opportunity to seek independent advice about this Employment
Agreement;
b. Provided true and complete information, including information relating to qualifications, experience, and employment
history;
Disclosed all information which may have materially influenced the Company’s decision to employ you; and
c. Disclosed any injuries and illnesses that may affect your ability to perform the duties under this Employment
Agreement.

27.2 You acknowledge that the Company has relied on these Declarations in making its decision to employ you.

The Company may cancel or terminate this Agreement, or take disciplinary action up to and including termination of
employment, if any of these Declarations are misleading, untrue or incomplete.

Schedule 1

Position: Room Attendant

Reports to: Housekeeping Manager

Commencement of Agreement: October 27, 2023

Location: 0225 - Holiday Inn Express & Suites Queenstown

Region: 0225 - Holiday Inn Express & Suites Queenstown

Hours of work: The nature of our business is such that it is necessary to set our rosters in order
to match client customer demand for hotel rooms and cleaning services. This demand may change week to week for a range
or reasons beyond our control. You acknowledge that you understand this.

Your rostered days and hours per week will be within the parameters that you indicated at the commencement of your
employment you would be prepared to accept. If your willingness to perform these days/hours changes, you must notify the
Company in writing and provide two weeks’ notice of any change.

You will be rostered to work a minimum of 25 hours in any given week . You may be requested to work additional days/hours
beyond this number in a given week’s roster, but you will not be penalised for declining to do so.

Your hours may be rostered on any day of the year within the parameters that you indicated at the commencement of your
employment you would be prepared to accept, and rosters will be provided to you one week in advance. You will be taken to
have accepted this roster if you have not contacted us regarding any issues within 48 hours of it being notified to you.
The exact number of hours you may work in a given week may vary because the business’s needs may fluctuate.

Remuneration: $26.0 per hour (paid fortnightly)

Termination notice period: 2 weeks

Signed on: October 25, 2023