Legal

Terms and Conditions

The Temp Company, a division of Men at Work Ltd (hereafter referred to as “TTC”)

TTC provides both temporary traffic management staff and permanent recruitment services.

These terms primarily apply when you engage TTC to supply temporary traffic management staff. For permanent recruitment services, refer to section 11 and the associated Recruitment Terms & Conditions.

Acceptance is confirmed either by:

  • Signing these terms, or
  • Engaging a TTC-supplied worker.

These terms replace any previous agreement and apply to all future assignments unless agreed otherwise in writing.

1. Acceptance of Terms

TTC supplies traffic management personnel to the Client on a casual basis. While on assignment, TTC staff work under the Client's day-to-day supervision, direction, and control. TTC remains the employer and retains the right to manage its employment relationship.

2. Relationship Between Parties

TTC will:

  • Source and supply trained TTM workers.
  • Pay wages, holiday pay, KiwiSaver, PAYE, and other entitlements.
  • Provide basic PPE as standard.

3. Responsibilities of TTC

TTC will:

  • Ensure all staff hold current qualifications relevant to their role.
  • Manage all employment obligations including pay, leave, and tax.
  • Provide standard PPE to staff prior to assignment.
  • Address any conduct or performance concerns raised by the Client in good faith.

4. Responsibilities of the Client

The Client agrees to:

  • Provide a safe working environment.
  • Induct TTC staff into site-specific health and safety procedures.
  • Supervise, instruct, and monitor TTC staff on site.
  • Ensure TTC staff are only performing duties within their assigned scope.
  • Treat TTC staff as they would their own employees while on assignment.
  • Accept liability for any damage or cost arising from the actions or omissions of TTC staff while under the Client's control.
  • Not engage in any behaviour that would expose TTC to a personal grievance under the Employment Relations Act 2000.

5. Conduct and Site Behaviour

All TTC staff are subject to a Code of Conduct and are expected to behave professionally, respectfully, and in accordance with site rules at all times while on assignment. The Client may request the removal of a TTC staff member from site due to serious concerns relating to conduct or performance. TTC will review such requests in good faith and take appropriate steps, which may include reassignment, disciplinary action, or removal from future placements.

6. Health & Safety

The Client must:

  • Ensure full compliance with the Health and Safety at Work Act 2015.
  • Report all incidents, near misses, or unsafe conditions involving TTC staff to TTC immediately.
  • Nominate a health and safety contact person for TTC staff.
  • Agree to and comply with TTC's separate Health and Safety Declaration.

7. Hours, Minimum Charge, and Cancellations

The minimum daily charge is four (4) hours per staff member. Cancellation notice must be given:

  • 24 hours prior for nightshift work.
  • 12 hours prior for dayshift work.

If cancelled inside these timeframes, the minimum charge will apply.

8. Public Holidays

Work performed by TTC staff on a New Zealand public holiday will be charged at time and a half (1.5x) the applicable hourly rate. This is in addition to any standard charges and reflects TTC's obligations under the Holidays Act 2003. This rate applies to all recognised New Zealand public holidays. Any work commencing on a public holiday will be charged at the public holiday rate for the full duration of that shift, unless otherwise agreed in writing.

9. Timesheets and Invoicing

  • Staff hours will be logged through MyTTM (digital timesheet system). The Client may request paper forms as additional backup.
  • Invoices are issued weekly and due within 7 days of receipt.
  • Late payments may incur interest and/or result in withdrawal of TTC staff.

10. Conversion to Direct Hire

If the Client, or any related third party, wishes to employ a TTC worker directly, a conversion fee may apply.

Where the worker has completed fewer than 750 hours on assignment with the Client, a conversion fee will be charged.

The fee is calculated as a percentage of a notional annual salary based on 40 hours per week at $25 per hour.

No conversion fee applies once the worker has completed 750 hours.

This applies regardless of whether the engagement is direct or through any associated entity.

11. Permanent Recruitment Services

TTC may provide permanent recruitment services, including sourcing and placing candidates into employment with Clients.

Placement fees apply and are calculated as a percentage of the candidate's base salary.

The placement fee is payable upon acceptance of an offer of employment by the candidate.

Full terms, including fee structure, payment terms, and replacement guarantees, are outlined in TTC's Recruitment Terms & Conditions.

12. Insurance

TTC staff are not covered under TTC's liability insurance while on the Client's site. The Client is responsible for ensuring appropriate cover is in place.

13. Limitation of Liability

TTC is not liable for any loss, damage, or cost incurred by the Client resulting from the conduct of TTC staff or from failure to supply staff. While TTC staff are under the Client's supervision and control, the Client accepts responsibility for their actions and indemnifies TTC against any costs, claims, or damages that may arise.

14. Governing Law

These terms are governed by New Zealand law.

15. Full Terms & Conditions

These website terms are a summary only.

TTC operates under a range of formal agreements, including Client Terms & Conditions, Recruitment Terms & Conditions, Health & Safety Declarations, and Triangular Employment Agreements.

Full terms will be provided and must be accepted prior to engagement.