New Zealand Post Primary Teachers' Association (PPTA) advice to members on the 90-day trial period.
90-day trial applies only if included in an agreement between the employer and the employee
The change to the Employment Relations Act 2000 (ERA) that makes all appointments subject to a 90-day trial applies only if included in an agreement between the employer and the employee.
PPTA collective agreements do not have such a clause.
The only way the 90-day trial can apply to teachers and principals is if they agree with their employer that it should be an additional individual term on top of the collective. We recommend against this.
90-day trial applied to PPTA members may be in breach of law
Our advice is that such a term could be in breach of the law, as the 90-day trial period may prove to be “inconsistent with the terms and conditions in the collective agreement”. [ ERA, clause 61 (1) ]
Beginning teachers who are not yet members of PPTA may unwittingly sign up to a trial so it’s important for branches to make sure new teachers are aware of their rights and offered the protection that PPTA membership will give.
Any teacher or principal pressured to agree to a 90-day trial when applying for a new position should contact their field officer. PPTA would certainly want to challenge the legality of any dismissal that occurred under this provision.
Students are amongst those likely to be badly affected by 90-day trial
The 90-day trial is likely to have devastating effects in the non-unionised, casualised sectors where many of our students work.
The Council of Trade Unions (CTU) has released a series of video interviews with workers dismissed unfairly as a result of the 90-day legislation.
Too much sauce in the aioli
View the latest CTU video interview in which a café/bar worker describes being fired for “using too much sauce in the aioli”.
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