Employee Waiver Of Liability Form for New Zealand

Employee Waiver Of Liability Form Template for New Zealand

A legal document governed by New Zealand law that establishes a waiver of liability between an employer and employee for specific activities or risks associated with employment duties. The document outlines which liabilities the employee agrees to waive while acknowledging non-waivable rights under New Zealand legislation, including the Accident Compensation Act 2001 and the Health and Safety at Work Act 2015. It includes detailed descriptions of covered activities, risk acknowledgments, and explicit statements about retained rights and obligations of both parties.

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What is a Employee Waiver Of Liability Form?

The Employee Waiver Of Liability Form is a critical risk management tool for New Zealand businesses operating in sectors with inherent operational risks or special activities. This document is designed to protect employers from certain liability claims while ensuring compliance with New Zealand's robust employment and safety legislation. It should be used when employees engage in activities that carry known risks beyond routine workplace hazards, such as specialized equipment operation, high-risk environments, or unusual physical activities. The form must carefully balance the employer's risk management needs with the employee's non-waivable rights under New Zealand law, particularly those protected by the Accident Compensation Act 2001 and the Health and Safety at Work Act 2015. It's essential to note that this waiver cannot circumvent statutory obligations or worker protections but serves to document informed consent and risk awareness.

What sections should be included in a Employee Waiver Of Liability Form?

1. Parties: Identification of the employer and employee, including full legal names and relevant contact details

2. Background: Context for the waiver, including the employment relationship and general purpose of the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Liability', 'Claims', 'Activities', and 'Excluded Claims'

4. Scope of Waiver: Clear description of what liabilities and claims are being waived, with specific examples

5. Excluded Claims: Explicit statement of what cannot be waived under NZ law, including ACC claims and statutory rights

6. Employee Acknowledgments: Statements confirming the employee understands the waiver and has had opportunity to seek independent legal advice

7. Duration and Survival: Period for which the waiver remains valid, including post-employment applicability

8. Governing Law: Confirmation that the waiver is governed by New Zealand law

9. Execution: Signature blocks for both parties, including date and witness provisions

What sections are optional to include in a Employee Waiver Of Liability Form?

1. Specific Activity Risks: Detailed section for high-risk workplaces or specific dangerous activities that need explicit waiver coverage

2. Insurance Provisions: Section detailing any insurance requirements or coverage related to the waived activities

3. Emergency Contact Information: For high-risk activities where emergency contacts might be needed

4. Medical Conditions: For activities where medical conditions might affect safety, including employee's disclosure obligations

5. Training Acknowledgment: Confirmation of specific safety training received, used when the waiver relates to specialized activities

6. Photo/Video Release: Additional waiver for workplace photography/video recording, if relevant to the employment

What schedules should be included in a Employee Waiver Of Liability Form?

1. Schedule 1 - Specified Activities: Detailed list and description of specific activities covered by the waiver

2. Schedule 2 - Safety Procedures: Reference to relevant workplace safety procedures and protocols

3. Schedule 3 - Incident Reporting: Procedures for reporting incidents or near-misses despite the waiver

4. Appendix A - Related Policies: List of workplace policies relevant to the waiver

5. Appendix B - Emergency Procedures: Emergency response procedures for high-risk activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Risk Management Officer

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Health and Safety Coordinator

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Department Supervisor

Site Manager

Project Manager

Equipment Operator

Field Worker

Research Technician

Maintenance Supervisor

Events Coordinator

Security Officer

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What is a Employee Waiver Of Liability Form?

What sections should be included in a Employee Waiver Of Liability Form?

What sections are optional to include in a Employee Waiver Of Liability Form?

What schedules should be included in a Employee Waiver Of Liability Form?

Authors

Alex Denne

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