Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
When you’re hiring in a small business, it’s tempting to move fast: find someone great, agree on a start date, and get them on the tools.
But if you don’t have a clear position description for the role (that actually matches your employment agreement), you can accidentally create confusion about what the job is, what “good performance” looks like, and what you can reasonably direct the employee to do.
The good news is that writing a position description doesn’t need to be complicated. You just need to structure it properly, keep it practical, and make sure it lines up with your New Zealand employment agreement and workplace expectations.
Below, we’ll walk you through what to include, how to make it work alongside your employment agreement, and the common mistakes that cause disputes later.
Why Your Position Description Matters (Especially In A Small Business)
An employee position description is more than a “nice-to-have” HR document. In practice, it can be one of the most useful tools you have for managing people fairly and confidently.
In a small business, roles can change quickly. Someone who starts as a café assistant might end up training juniors, doing stock ordering, or helping with social media. That flexibility is normal - but it needs to be handled carefully so you’re not accidentally changing core terms of employment without consultation.
A strong position description helps you:
- Clarify the role from day one (so you and the employee start with the same expectations).
- Support performance management by making it clear what the employee is responsible for.
- Reduce disputes about duties, seniority, reporting lines, and what counts as “reasonable” work.
- Make onboarding easier by giving the employee a practical reference point.
- Protect your business if you ever need to restructure or change priorities (as long as changes are done properly).
From a legal perspective, the key is consistency: your position description shouldn’t conflict with your employment agreement, pay terms, hours, or any workplace policies you rely on.
If you don’t already have one in place, an up-to-date Employment Contract is the best starting point, because it sets the legally binding terms of the relationship.
What To Include In A Position Description (A Practical Checklist)
There’s no single mandatory template for a position description in New Zealand. What matters is that it’s clear, role-specific, and genuinely reflects what you need the employee to do.
Here’s a practical checklist of what we usually recommend including.
1. Role Title And Status
Start simple:
- Job title
- Employment type (full-time, part-time, fixed-term, casual)
- Whether the role is permanent or fixed-term (if fixed-term, make sure the agreement also correctly records the genuine reason and end date)
Be careful with titles. Calling someone a “Manager” when they don’t manage people (or don’t have decision-making authority) can create confusion internally and externally.
2. Reporting Line And Key Relationships
Spell out:
- Who the role reports to
- Whether the employee supervises anyone
- Key internal relationships (e.g. works closely with admin, production, sales)
- Key external relationships (e.g. customers, suppliers, contractors)
This can be especially important if questions come up later about delegation, decision-making responsibilities, and who the employee should take direction from.
3. Purpose Of The Role (The “Why”)
In 2–4 lines, explain what the role exists to achieve. This helps you keep the duties section focused and gives context if responsibilities evolve.
Example:
- “The purpose of this role is to support daily store operations by delivering excellent customer service, maintaining presentation standards, and assisting with stock control.”
4. Key Duties And Responsibilities
This is the core of your position description.
Keep it specific enough that the employee understands what they’re accountable for, but not so rigid that it becomes impossible to run your business when things change week to week.
A good structure is:
- Daily/weekly core duties (the non-negotiables)
- Secondary duties (important but not constant)
- Ad hoc support tasks (work that may come up occasionally)
As a general rule, include a line like:
- “Other duties within the employee’s skill and experience as reasonably directed.”
This helps preserve flexibility - but it’s not a free pass to push someone into an entirely different role (especially if it changes status, hours, location, or pay expectations).
5. Required Skills, Experience, And Qualifications
List what is genuinely required versus “nice to have”. If you overstate requirements, you may unintentionally narrow your hiring pool or create expectations around seniority and pay.
This section may include:
- Licences (e.g. driver licence, forklift licence)
- Technical skills (systems, machinery, tools)
- Experience level (e.g. 1–2 years in a similar role)
- Soft skills (communication, problem solving, customer focus)
6. Location, Hours, And Work Pattern (High-Level)
You don’t need to repeat every contractual detail, but it helps to include a high-level snapshot (especially if the role involves:
- Shift work
- Weekend work
- Travel between sites
- Remote/hybrid work
Just make sure it matches (or at least doesn’t contradict) what’s in the employment agreement.
7. KPIs Or Performance Standards (If You Use Them)
If you use KPIs, keep them realistic and measurable.
For example:
- Customer satisfaction targets
- Response times
- Sales targets (with clear definitions and timeframes)
- Accuracy/error rate standards
If your performance expectations tie into your policies and processes, it often makes sense to set those out in a Workplace Policy suite or staff handbook so you can update expectations without rewriting contracts each time.
How To Make Your Position Description Work With Your NZ Employment Agreement
The employment agreement is the legally binding document. The position description should support it - not compete with it.
To make them work together, focus on alignment in these areas.
1. Make Sure Core Terms Sit In The Employment Agreement
Even if your position description mentions pay, hours, or leave, these are contractual terms and should be properly set out in the employment agreement.
In NZ, your agreement should properly address things like:
- Pay rate and how wages are paid (including deductions rules under the Wages Protection Act 1983)
- Hours of work and when work is performed
- Leave entitlements (with Holidays Act 2003 compliance)
- Notice periods and termination process
Think of it this way: the position description explains the job; the employment agreement governs the legal relationship.
2. Refer To The Position Description The Right Way
Many businesses attach the position description to the employment agreement, or refer to it in the agreement as part of the role documentation.
That can be helpful - but you need to be careful with wording.
If you want to be able to update the position description over time (which is normal), your agreement should be drafted so the position description can be updated reasonably, with consultation, and without undermining core employment terms.
This is one of those areas where a tailored agreement matters, because a poorly drafted clause can create the opposite of what you want: either you can’t change anything, or you create uncertainty that leads to disputes.
3. Match The “Flexibility” Expectations Across Both Documents
If your position description says the employee may be asked to perform other duties, but your employment agreement is very narrow (or vice versa), you’ve got a mismatch.
Consistency matters because if you later ask the employee to take on additional tasks and they push back, you’ll want to be able to show that:
- the duties are within scope, and
- the request is reasonable, and
- you’ve handled changes in good faith (a key principle in NZ employment law).
4. Align Your Policies And “Rules” With The Role
Position descriptions often sit alongside policies such as:
- confidentiality and handling sensitive business information
- conflicts of interest
- use of company devices and systems
- health and safety expectations
If your role involves access to customer data, payment details, or staff records, you also need to think about privacy obligations under the Privacy Act 2020. Your position description can reference privacy handling responsibilities, while the detailed rules usually live in policies and processes.
For example, if the employee may work with suppliers or run a side business, a Conflict Of Interest Policy can support your expectations without bloating the position description.
5. Make Sure Your Performance And Disciplinary Expectations Are Consistent
If you ever need to performance manage or terminate an employee, one of the first questions will be: “what standards were they expected to meet?”
A good position description helps, but it works best when paired with a clear process that’s applied fairly and consistently.
If you’re building your systems out properly, a structured Staff Handbook often ties everything together (position expectations, conduct standards, leave processes, tech use, and so on) in a way that’s easier to keep up to date.
Common Mistakes That Make Position Descriptions Backfire
A position description should reduce risk and make management easier. But certain drafting mistakes can do the opposite.
Here are the big ones we see.
1. Copying A Generic Template Without Tailoring It
If your position description is clearly a generic template, it can:
- set unrealistic expectations
- miss key duties you actually need done
- include duties that aren’t relevant (which can cause disputes later)
Templates can be a starting point, but you’ll want to tailor for your industry, your systems, and how your business actually operates.
2. Listing Everything The Business Might Ever Need
A “laundry list” of 60 duties isn’t helpful. It makes the role unclear and hard to manage.
Instead, prioritise the 6–12 most important responsibilities and group smaller tasks under sensible categories.
3. Creating A Mismatch With Pay Or Seniority
If your position description describes a high-responsibility role (e.g. team leadership, financial authority, hiring/firing input), but you pay like it’s an entry-level role, you’re inviting problems.
Even where pay is lawful, misalignment can lead to retention issues, disputes, and hard conversations when the employee realises the job is bigger than they expected.
4. Forgetting Health And Safety Responsibilities
Health and safety isn’t just a “site manager” issue. Under the Health and Safety at Work Act 2015, you have duties to provide a safe workplace, and workers also have responsibilities to take reasonable care and follow instructions.
Your position description should clearly state any safety-critical responsibilities relevant to the role (for example, incident reporting, PPE use, vehicle safety checks, or safe handling procedures).
5. Treating The Position Description As A Substitute For Process
A clear role description helps, but it doesn’t replace proper performance management, consultation, and good faith communication.
If you’re facing a serious performance issue or potential exit scenario, it’s usually worth getting advice early and using structured documentation (such as termination letters and checklists) rather than trying to “wing it” based on the position description alone.
How To Update A Position Description Without Creating Legal Risk
Roles change - especially in small businesses. The key is updating your position description in a way that’s fair, transparent, and consistent with the employment agreement.
Here’s a practical process.
1. Work Out Whether The Change Is Minor Or Major
Minor changes might include:
- small process adjustments
- new reporting tools or systems
- slight shifts in priorities within the same role
Major changes might include:
- a different role focus (e.g. sales to operations)
- new management responsibilities
- changing location or adding significant travel
- changes to hours or work patterns
Major changes usually require proper consultation and may require a variation to the employment agreement.
2. Consult Before You Finalise
Even if you’re confident the changes are “reasonable”, you should still talk to the employee before issuing a new version.
In NZ employment law, good faith isn’t just about being polite - it’s about communicating openly, not misleading each other, and genuinely considering feedback.
3. Keep Version Control
Have a clear “version date” on the position description and keep a copy of the old one. This helps if you ever need to show what applied at a specific time.
4. Keep Your Policies Consistent
If the position description references policies (privacy, conduct, conflicts, technology use), make sure those policies are current and accessible.
If you also use contractors in similar roles, be careful not to unintentionally blur the line between contractor and employee arrangements. Contractors are usually best managed through a well-drafted contractor agreement and a clear scope of services (for example, a Contractors Agreement), rather than reusing employee role documents.
Key Takeaways
- A clear position description helps set expectations, support performance management, and reduce disputes - particularly in a fast-moving small business.
- Your position description should clearly set out the role purpose, reporting line, key duties, required skills, and any role-specific compliance responsibilities (like health and safety or privacy handling).
- The position description must align with your NZ employment agreement, especially around hours, pay, flexibility, and how changes to duties are handled.
- Avoid generic templates or overly broad “everything and the kitchen sink” duty lists - they often create confusion instead of clarity.
- If a role changes over time, update the position description carefully: consult first, document changes, and consider whether the employment agreement also needs a formal variation.
- Strong position descriptions work best when backed by well-written agreements, policies, and consistent processes.
If you’d like help drafting or updating a position description so it works with your employment agreement (and supports your business), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.








