Employers sometimes need employees to be available to work outside their normal hours of work – such as being ‘on-call’ or ready to work additional shifts.

Section 67D of the Employment Relations Act 2000, provides that an ‘availability provision’ can only be included in an employment agreement if specific legal requirements are met, including a specific contractual clause and payment of ‘reasonable compensation’ for any period of availability required by an employer. Failing to comply can expose employers to successful personal grievances and financial remedies.