Terms and Conditions

1. Acceptance of Terms

A Client accepts TTC’s terms by:

• Signing the Client Terms of Business.
• Confirming an assignment or recruitment instruction.
• Allowing a TTC Worker to commence work.
• Approving a timesheet.
• Otherwise receiving services from TTC.

The terms apply to all current and future services unless TTC agrees otherwise in writing.

2. Temporary Labour Hire

TTC remains the legal employer of Workers supplied on temporary assignments and is responsible for payroll, PAYE, KiwiSaver, leave and other employment obligations.

While on assignment, Workers operate under the Client’s day-to-day supervision, direction and control.

The Client may provide lawful and reasonable instructions within the agreed assignment but must not discipline, dismiss, suspend or materially change the duties of a Worker. Employment-related concerns must be referred to TTC.

TTC will take reasonable care when sourcing and matching Workers but does not guarantee that every request can be filled or that a particular Worker will remain available.

3. TTC Responsibilities

TTC will:

• Complete its standard compulsory pre-placement drug-testing process.
• Take reasonable steps to confirm identity, work eligibility and qualifications or licences TTC has agreed to check.
• Pay Workers and meet TTC’s employer obligations.
• Provide the standard PPE included in the applicable Rate Card or Assignment Confirmation.
• Address genuine conduct or performance concerns raised by the Client.

TTC does not provide the Client’s site-specific, task-specific or equipment-specific training unless expressly agreed in writing.

4. Client Responsibilities

The Client must:

• Provide complete and accurate information about each assignment.
• Provide competent supervision and clear, lawful instructions.
• Treat Workers respectfully and provide appropriate amenities and breaks.
• Ensure Workers perform only the duties agreed with TTC.
• Promptly report attendance, conduct, performance, fatigue, impairment or workplace concerns to TTC.
• Cooperate with TTC in any investigation, complaint, personal grievance or regulatory process.

The Client must obtain TTC’s approval before changing a Worker’s duties, site, hours, risk exposure or equipment use, or before allowing the Worker to drive, operate plant or machinery, or undertake higher-risk work.

TTC may withdraw a Worker immediately where an assignment has been materially changed without approval.

5. Health and Safety

TTC and the Client acknowledge that they may have overlapping duties under the Health and Safety at Work Act 2015. Each party remains responsible for meeting its own legal obligations and must consult, cooperate and coordinate with the other.

Before Workers are supplied, the Client must complete TTC’s Client Health and Safety Form and provide any supporting information reasonably requested.

The Client must:

• Provide a safe workplace and suitable systems of work.
• Identify workplace hazards and implement appropriate controls.
• Provide site-specific induction, task training and competent supervision.
• Provide safe, maintained and legally compliant vehicles, plant and equipment.
• Nominate a health and safety contact.
• Report incidents, injuries, illnesses, near misses, unsafe conditions and regulatory notices to TTC immediately.
• Notify TTC of any material change to the work, site or risk profile.

Workers may stop or refuse work where they reasonably believe there is a serious health and safety risk. TTC may withdraw Workers or suspend services where it reasonably considers the work unsafe.

6. Training, Qualifications and PPE

The Client is responsible for providing all site-specific, task-specific, equipment-specific and on-the-job training required for the assignment.

Time spent attending Client-required inductions, training, assessments, pre-start meetings or similar activities is charged at the applicable hourly rate.

Where the Client requires additional courses, qualifications or competencies beyond TTC’s normal requirements, TTC may charge the agreed training, assessment and attendance costs.

TTC provides standard PPE identified in the Rate Card or Assignment Confirmation. Specialist, task-specific, site-branded, replacement or consumable PPE must be provided or paid for by the Client.

7. Vehicles, Plant and Higher-Risk Work

The Client must not allow a Worker to drive or operate plant, machinery or equipment unless:

• TTC has approved the activity.
• The Worker holds the required licence or endorsement.
• The Worker has received suitable familiarisation and instruction.
• The equipment is safe, maintained, compliant and insured.

The Client carries the risk of accidental damage to Client or customer vehicles, plant, machinery, tools and equipment operated under the Client’s direction, including any insurance excess, except where damage results from deliberate misconduct or gross negligence.

Parking, tolls and site-related charges are the Client’s responsibility. Personal driving infringements attributable to the Worker remain the Worker’s responsibility and will be managed through TTC.

8. Hours, Cancellations and Shift Charges

Unless otherwise agreed:

• The minimum charge is four hours per Worker.
• Day shifts require at least 12 hours’ cancellation notice.
• Night shifts require at least 24 hours’ cancellation notice.
• Late cancellations, including weather cancellations, are subject to the four-hour minimum charge.

Where a Worker arrives as booked but cannot start because the site, Client, equipment, induction or work is not ready, charging begins from the booked start time.

Where the Client sends a Worker home early for reasons unrelated to the Worker’s performance, conduct, suitability or safety, the full booked shift may be charged.

A night shift is a shift where the majority of booked hours fall between 6.00 pm and 6.00 am. Night shifts are charged at the applicable day rate plus $6.00 per hour.

No separate overtime or weekend premium applies. Additional hours are charged at the applicable day or night rate.

Travel time, mileage, accommodation and out-of-area costs will be agreed before the assignment.

9. Timesheets, Rates and Payment

Hours are recorded through TTC’s nominated digital timesheet system, currently SmartRoads.

The Client must ensure that an authorised person checks and approves hours promptly. Timesheets may be treated as accepted unless disputed in writing within two working days.

Invoices are issued weekly and payment is due within seven days of the invoice date.

Invoice disputes must be raised in writing within five working days. Any undisputed amount remains payable by the due date.

Failure to provide a purchase order or internal approval reference does not delay the obligation to pay.

Overdue amounts may incur interest at 15% per annum, together with reasonable debt-recovery and legal costs.

TTC may suspend services or withdraw Workers where an account is overdue, exceeds its credit limit or TTC reasonably considers payment to be at risk.

TTC may adjust rates by giving at least 14 days’ written notice.

10. Public Holidays

Work performed on a New Zealand public holiday is charged at 1.5 times the applicable hourly rate.

The Client must also pay any alternative-holiday cost or related statutory employment cost TTC incurs as a result of the assignment.

11. Worker Suitability and Availability

The Client must promptly contact TTC where it considers a Worker unsuitable or identifies a genuine performance concern.

Where TTC is notified within the first two hours of a shift, TTC may provide a replacement and charge only the hours worked.

Where TTC is notified later, TTC will charge the hours worked, subject to the four-hour minimum.

If a Worker is absent or cancels at short notice, TTC will use reasonable efforts to communicate with the Client and provide a suitable replacement where practicable. TTC does not guarantee that a replacement will always be available.

12. Direct Employment and Temp-to-Perm

The Client must notify TTC before directly or indirectly employing, contracting with or otherwise engaging a Worker introduced or supplied by TTC.

Where a supplied Worker is engaged before completing 750 paid assignment hours with the Client, a conversion fee will apply. The fee will be calculated by TTC and confirmed in writing before the engagement.

No conversion fee applies after 750 paid hours, provided all TTC invoices have been paid in full.

These provisions also apply where the Worker is engaged through a related company, contractor, intermediary or another agency.

13. Permanent Recruitment

Unless a written recruitment proposal states otherwise:

• TTC’s standard permanent recruitment fee is 15% of the Candidate’s first-year base salary, plus GST.
• TTC invoices the fee on the Candidate’s first day of work.
• Payment is due within seven days.
• TTC’s introduction remains protected for 12 months.
• A fee applies if the Candidate is engaged by the Client or a related entity during that period.

An eight-week guarantee may apply where the invoice has been paid on time and the role and employment conditions have not materially changed.

During weeks 1 to 4, TTC will undertake one replacement search at no additional success fee.

During weeks 5 to 8, the Client may choose one replacement search or a credit equal to 50% of the original fee toward a future permanent placement.

No cash refund is available. Additional conditions and exclusions are contained in the full Client Terms of Business.

14. Privacy and Confidentiality

Both parties must comply with the Privacy Act 2020.

Candidate and Worker information must be kept secure and used only for recruitment, assignment management, health and safety, employment administration or another authorised purpose.

Candidate information must not be shared with another business or used to approach referees or current employers without proper authority.

15. Insurance and Liability

Each party must maintain insurance appropriate to its business and responsibilities.

The Client must maintain suitable insurance for its workplace, operations, vehicles, plant, machinery and activities. TTC may request evidence of insurance, particularly for driving, machinery or higher-risk assignments.

TTC is not liable for indirect or consequential loss, loss of profit, revenue, opportunity or data.

Subject to liabilities that cannot legally be excluded, TTC’s total liability is limited to the fees paid by the Client during the six months preceding the event giving rise to the claim.

The Client is responsible for losses caused by unsafe conditions, out-of-scope instructions, Client breaches, negligence or unlawful conduct under the Client’s control.

Where services are acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the fullest extent permitted by law.

16. Full Client Terms

These website terms are a summary only.

TTC’s full Client Terms of Business, applicable Rate Card, Assignment Confirmation, recruitment proposal and Client Health and Safety Form contain the complete terms applying to its services.

Full terms will be provided as part of the Client onboarding process and must be accepted before services commence.

These terms are governed by New Zealand law.