This General Manager Contract is designed for use when appointing senior executives in New Zealand organizations. It serves as a comprehensive employment agreement that complies with New Zealand employment law, including the Employment Relations Act 2000, Fair Trading Act 1986, and other relevant legislation. The contract is suitable for organizations seeking to formalize the employment relationship with their General Managers, establishing clear terms regarding responsibilities, remuneration, performance expectations, and protection of company interests. It includes provisions for confidentiality, intellectual property, restrictive covenants, and termination conditions, while maintaining flexibility to accommodate industry-specific requirements and organizational structures.
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1. Parties: Identification of the employer entity and the General Manager
2. Background: Context of the appointment and brief description of the business
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position title, nature of employment (permanent/fixed-term), commencement date, and probationary period if applicable
5. Duties and Responsibilities: Core responsibilities, reporting relationships, and management obligations
6. Location and Hours: Primary work location and expected working hours, including flexibility provisions
7. Remuneration: Base salary, review process, and payment arrangements
8. Benefits and Allowances: Additional benefits, insurance, vehicle allowance, and other perks
9. Leave Entitlements: Annual, sick, bereavement, and public holiday leave provisions
10. Performance and Reviews: KPIs, performance review process, and frequency
11. Confidentiality: Protection of company information and trade secrets
12. Intellectual Property: Ownership and protection of IP created during employment
13. Restrictive Covenants: Non-compete and non-solicitation provisions
14. Termination: Notice periods and grounds for termination
15. Company Policies: Acknowledgment and compliance with company policies
16. Governing Law: Specification of New Zealand law and jurisdiction
1. Share Options/Equity: Include when the role includes share options or equity participation
2. International Travel: Include when role requires significant international travel
3. Directorship: Include when GM will also serve as a company director
4. Secondment: Include for potential temporary assignments to other group companies
5. Relocation: Include when role involves relocation assistance
6. Garden Leave: Include when specific garden leave provisions are required
7. Change of Control: Include provisions relating to company sale or merger scenarios
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and expectations
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits
3. Schedule 3 - KPIs and Performance Metrics: Specific performance indicators and targets
4. Schedule 4 - Company Vehicles: Details of company vehicle arrangements if applicable
5. Schedule 5 - Approved Outside Directorships: List of approved external board positions if applicable
6. Appendix A - Confidentiality Agreement: Detailed confidentiality obligations and requirements
7. Appendix B - Restrictive Covenants: Detailed post-employment restrictions and obligations
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