This webpage details the employment problem resolution procedures in the Secondary Principals' Collective Agreement (SPCA) 2011 - 2013. The SPCA is the employment agreement that sets out the conditions of employment, salary rates and rights and entitlements for NZSPC principal members in secondary schools, including composite (year 7-13) schools, junior and senior high schools and integrated schools.
Download Secondary Principals' Collective Agreement 2011
11.1 Employment Problem Resolution Procedures
11.1.1 Wherever possible the principal and the board agree to use reasonable effort to resolve employment problems including personal grievances or disputes as quickly and close to the source of the matter as possible. If the matter cannot be resolved informally by direct discussion between the board and the principal then either party may invoke either:
(a) The services available under the Employment Relations Act 2000, which include access to the mediation service in the first instance, followed by resolution by the Employment Relations Authority if the matter is not resolved through mediation; or
(b) An arbitration process as provided for under section 155 of the Employment Relations Act 2000. In terms of section 155(3) of that Act, submission of an employment relations problem to arbitration does not:
(i) prevent any of the parties from using the mediation services or applying to the Employment Relations Authority or the Court in accordance with the Act; or
(ii) otherwise affect the application of the Employment Relations Act.
11.1.2 Where the principal wishes to raise a personal grievance with the board the provisions of sections 102 to 128 of the Employment Relations Act 2000 apply. In summary, the principal must raise the grievance with the employer within 90 days. The 90 day period begins on the latter of either:
(a) the date on which the action alleged to amount to a personal grievance occurred;
(b) the date on which the action alleged to amount to a personal grievance came to the principal's attention.
11.1.3 Section 114 of the Employment Relations Act allows that where the principal wishes to submit a personal grievance to the board after the 90 days has elapsed the consent of the board is required. If the board does not consent to such a request when made, the principal may seek a ruling from the Employment Relations Authority about whether the submission is allowed outside the 90 days. The Employment Relations Authority may allow a late submission if it finds that there are exceptional circumstances (as defined in the Employment Relations Act 2000) and it considers it just to do so.
11.1.4 In accordance with section 103 of the Employment Relations Act 2000 the term personal grievance means any claim that an employee may have against the employer or former employer because of a claim:
(a) that the employee has been unjustifiably dismissed; or
(b) that the employee’s employment, or one or more conditions of the employment (including any condition that survives the termination of the employment) is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or
(c) that the employee has been discriminated against in the employee’s employment or
(d) that the employee has been sexually harassed in the employee’s employment; or
(e) that the employee has been racially harassed in the employee’s employment; or
(f) that the employee has been subject to duress in the employee’s employment in relation to the membership or non membership of a union or employees organisation.
11.1.5 The terms discrimination, sexual harassment, racial harassment, and duress as used in this agreement have the meanings given to them by sections 104, 105, 106, 107, 108, 109, and 110 of the Employment Relations Act 2000 and are neither limited nor extended by their use in this agreement.
11.1.6 In terms of section 112 of the Employment Relations Act, if the principal has a personal grievance claim that entitled the principal to make a complaint under the Human Rights Act 1993, the principal may, if the matter is not otherwise resolved (for example through mediation or discussion) either:
(a) apply to the Employment Relations Authority for resolution of the grievance; or
(b) make, in relation to those circumstances, a complaint under the Human Rights Act 1993.
11.1.7 The principal may take one of the steps outlined in 11.1.6 but not both. For the purposes of 11.1.6 (b) above, the principal has made a complaint when the Complaints Division referred to in section 12(1) of the Human Rights Act 1993 accepts the complaint for investigation or conciliation.
11.1.8 Further information concerning the problem resolution processes available from the Department of Labour under the Employment Relations Act is contained in Schedule B.
