Secondary Teachers' Collective Agreement (STCA)

Part 3: Terms of Employment (STCA)

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This part of the agreement sets out the terms of a teacher's employment, including the appointment and resignation process, some time allowances for specific roles, conduct and competency process, surplus staffing provisions and more.

3.1 Good Employer/Equal Employment Opportunities [see also s.77A State Sector Act 1988]
3.2 Appointments
3.2A Start of year
3.3 Teacher Competence
3.4 Teacher Conduct and Discipline
3.5 Resolving Conflict in a Māori Context
3.6 Nga Manu Korero
3.7 Te Atākura Time Allowance
3.8 Beginning Teacher Time Allowance
3.8A Head of Department Beginning Teacher Time Allowance
3.8B Specialist Classroom Teacher
3.8C Overseas Teacher Time Allowance
3.8D Kāhui Ako-level Induction and Networking Programmes
3.9 Surplus Staffing and Merger Provisions

3.10 Return from a Period of Childcare
3.11 Termination of Appointment (resignation / resigning)
3.12 Medical Retirement
3.13 Retirement Savings Scheme
3.14 Savings
3.15 Declaration Pursuant to Act
3.16 Teacher-Led Innovation Fund

3.1 Good Employer/Equal Employment Opportunities

[see also s.77A State Sector Act 1988]

3.1.1 Every employer bound by this agreement shall:

(a) Operate a personnel policy that complies with the principles of being a good employer; and

(b) Make provision for:

(i) Good and safe working conditions; and
(ii) The impartial selection of suitably qualified persons for appointment; and
(iii) Recognition of:

(a) The aims and aspirations of Māori people; and
(b) The employment requirements of Māori people; and
(c) The need for greater involvement of Māori people in the education service; and

(iv) Opportunities for the enhancement of the abilities of individual employees; and
(v) Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
(vi) Recognition of the employment requirements of women; and
(vii) Recognition of the employment requirements of persons with disabilities; and

(c) Develop, publish and comply with an equal employment opportunities programme on a yearly basis.

3.1.2 Good Employer Guidelines in Respect of Māori

The New Zealand School Trustees' Association and the New Zealand Post Primary Teachers' Association have developed new guidelines to assist boards to meet their good employer obligations in respect of Māori as set out in the State Sector Act 1988. They are available in booklet form. These have been distributed to NZPPTA members and boards of trustees and are accessible on the NZSTA and NZPPTA websites.

 NZSTA and NZPPTA trust that the parties to this agreement will make use of these guidelines as they work to adopt policies and practices to reflect their employment obligations to Māori teachers and their obligations to recognise the aims and aspirations of Māori.

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3.2 Appointments 

3.2.1 In appointing the person best suited to the position the employer will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines. Good employer and equal employment opportunities principles and responsibilities shall be applied and demonstrated in appointment procedures.

3.2.2 Advertising and Appointment

(a) The following vacant positions or roles must be advertised in the Education Gazette at least 14 days before the date specified in the advertisement as the closing date for applications, and no appointment (provisional or otherwise) shall be made before that closing date:

(i) Permanent full-time positions;
(ii) Permanent part-time positions;
(iii) Long-term relieving positions of more than one term;
(iv) Fixed-term full-time positions of more than one term;
(v) Permanent Kahui Ako Teachers (within school) roles, whether full time or part time.

Note: It is not necessary to advertise where, by the agreement of the board, an existing permanent full-time employee transfers to a permanent part-time position within the same school.

(b) A Kāhui Ako Teacher (across community) role is not required to be advertised in the Education Gazette but must be advertised within the Kāhui Ako. Where the appointment at the end of the initial fixed-term period of up to two years is renewed in accordance with clause 4.23.4, that renewal does not need to be advertised.

(c) A fixed-term Kāhui Ako Teacher (within school) role, of  one school year or less, is not required to be advertised in the Education Gazette, but must be advertised within the school;

(d) In circumstances where clause 4.22.1 applies advertising in the Education Gazette is not required, but the role shall be advertised within the Kāhui Ako.

(e) The allocation of fixed-term units to an existing teacher does not require the position held by that teacher to be advertised.

(f) No person shall be appointed permanently to any position unless that person is eligible to be appointed to such a position in a state or integrated secondary school.

(g) Employers are required to make available to all applicants on request details of the duties to be carried out and the criteria being adhered to in making that appointment.

(h) Part-time teachers’ hours of work shall be confirmed as follows:

(i) All part-time teachers shall have their hours of work confirmed in writing on appointment.
(ii) Any agreed changes to permanent hours of work will be confirmed in writing.
(iii) Any non-permanent hours of work that apply for a period of four weeks or more will be confirmed in writing.

(i) Fixed-term teachers shall, in their letter of appointment, be advised when or how the employment will end and the reason for it ending in that way.

3.2.3 Fixed-term (non-permanent) employment

(a) Full-time and part-time teachers may be employed on fixed-term (non-permanent) basis where the employer and teacher agree that the teacher’s employment will end:

(i) At the close of a specified date or period; or
(ii) On the occurrence of a specified event; or
(iii) At the conclusion of a specified project.

(b) Before a teacher and employer agree that the employment of the employee will end in a way specified in 3.2.3(a), the employer must have genuine reasons based on reasonable grounds for specifying that the employment of the teacher is to end in that way.

(c) The following reasons are not genuine reasons for the purposes of 3.2.3(b):

(i) To exclude or limit the rights of the employee under the Employment Relations Act 2000;
(ii) To establish the suitability of the employee for permanent employment.

3.2.4 Job sharing arrangements 

(a) Where two people apply to share any advertised permanent full-time position, including a position above the base scale, and the employer is satisfied that the job share application is best suited for appointment and that the arrangements for sharing
the position are acceptable to it then the position shall be filled as a job share position and the applicants appointed.

(b) Teachers who are job sharing are entitled to the same terms and conditions of employment as permanent full-time teachers except that salary shall be paid on the appropriate pro-rata basis.

(c) Where a teacher who is job sharing resigns or is removed from the position the other teacher shall elect to:

(i) Take up the entire full-time position; or
(ii) Find another sharer acceptable to the employer for the same or a different proportion of time as previously; or
(iii) Continue in the same proportion of time as previously or, with the agreement of the employer, a different proportion of time, as a permanent part-time teacher.

(d) Where one teacher who is job sharing takes leave which entails absence for a period of time the other sharer shall:

(i) Elect to relieve in the vacant slot; or
(ii) Find another sharer acceptable to the employer who would be a reliever; or
(iii) Take leave also, in which case the employer may appoint a reliever.

(e) Where it is proposed to vary the agreed proportions of time in a position the job sharers shall give one month’s notice to the employer of their wish to do so, provided that no changes to such proportions of time shall be made without the consent of the employer.

(f) Where the holder of a permanent full-time position wishes to job share that teacher's position and the employer is satisfied with the job share arrangements, and the teachers are suitable, they shall be appointed without advertising.

3.2.5 Relievers

A reliever may be temporarily employed in a teaching position during that teacher’s absence (e.g. while on leave, or attending in-service courses or outdoor education). Relievers are defined as follows:

(a) A short-term reliever is a teacher employed on a casual basis for a period not exceeding six weeks;

(b) A long-term reliever is a teacher employed for a continuous period beyond six weeks.

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3.2A Start of year

3.2A.1 Regardless of the first day schools are open for instruction in Term 1, for normal pay and employment purposes the start of the school year is 28 January for those teachers that are employed for that year, except that for teachers being employed for the first time in a state or integrated school, or being employed after a break in service, their start day is as advised to payroll by the employer.

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3.3 Teacher Competence

Note: Refer to 4.2.4 and 3.5 of this agreement for additional guidance on the application of these provisions.

3.3.1 Questions of competence should be handled in a manner which seeks to protect the mana and dignity of the teacher concerned.

3.3.2 The employer shall provide reasonable opportunities for appropriate and effective professional development for all teachers.

3.3.3

(a) Where there are matters of competence which are causing concern in respect of any employee the employee concerned shall be advised as early as possible.

(b) The teacher shall be advised of her/his right to seek whānau, family, professional and/or Association support in relation to matters of competence and to be represented at any stage.

3.3.4 An appropriate assistance and personal guidance programme to assist that employee shall be put in place.

3.3.5 When that assistance and guidance has not remedied the situation, then:

(a) The teacher shall be advised in writing of the specific matter(s), in relation to the relevant section(s) of Supplement 1, causing concern and of the ways that such concerns can be remedied. The teacher shall be advised of her/his right to consult the Association and of the right to be represented by it at any stage of the process.

(b) The teacher is to be given a reasonable opportunity, normally 10 school weeks, to remedy the matter(s) of concern that have been identified. It is recognised that there may be circumstances where a timeframe of less or more than 10 school weeks will be reasonable. The teacher is to be advised of the actual timeframe for the necessary improvement to be achieved and of the monitoring or guidance that will be provided.

(c) At the end of this timeframe an assessment is made as to whether or not the teacher has remedied the matter(s) causing concern. The process and result of any evaluation is to be recorded in writing by the employer and sighted and signed by the teacher.

(d) No action shall be taken by the employer on a report until the teacher has had reasonable time to comment (in writing or orally or both) to the employer.

(e) If the teacher has failed to remedy the matter(s) causing concern then s/he may be dismissed without notice and paid one month’s salary in lieu; or if a holder of units the teacher may be reduced in status and salary if the circumstances warrant such a reduction rather than a dismissal; or if appointed to a Kāhui Ako Teacher role under clause 4.22, 4.23 or 4.24, and the competency issues relate to that role,then the teacher may be removed from that role and lose the associated allowance if the circumstances warrant it rather than be dismissed from their substantive position.

3.3.6 A copy of any report to the Teaching Council of Aotearoa New Zealand (or its successor) arising under clause 3.3.5 shall be made available to the teacher.

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3.4 Teacher Conduct and Discipline

Note: Refer to 3.5 of this agreement for additional guidance on the application of these provisions.

3.4.1 Where a breach of discipline appears to have occurred, the employer shall determine whether disciplinary procedures should be initiated. Where the employer considers it appropriate it shall make initial enquiries to establish whether the disciplinary procedures should be initiated. In some cases, where the facts are clear and acknowledged, resolution may be achieved informally by discussion between the parties without the need for initiating the disciplinary procedures. Questions of conduct or discipline should be handled in a manner which as far as possible protects the mana and dignity of the teacher concerned. Teachers may seek whānau, family, professional and/or Association support in relation to such matters.

3.4.2 The teacher shall be informed of any allegation of breach of discipline and of her/his right to consult the Association and of the right to be represented by it at any stage.

3.4.3 Where an employer decides to initiate formal disciplinary procedures against a teacher, the
following principles are to be observed:

(a) The employer or its agent shall advise the teacher in writing of the reason for the disciplinary procedures being initiated, invite the teacher to respond in writing, and advise the teacher of her/his right to request Association assistance and/or representation at any stage.

(b) Before any substantive disciplinary action is taken, an investigation must be undertaken by the employer. The teacher shall be invited to attend any such investigation and to make a statement concerning the matter either personally or through a representative.

(c) Notwithstanding 3.4.3(b) above if the employer is satisfied that the welfare and interests of any student attending the school or of any teacher at the school so requires the employer may at any time before the matter has finally been disposed of either:

(i) Suspend the teacher (note: suspension would normally be on pay except in exceptional circumstances); or
(ii) Transfer the teacher to other duties.

(d) Where a breach of discipline is held to have occurred, the employer shall not impose any penalty on the teacher without first:

(i) Giving the teacher the opportunity to make representations to it; and
(ii) Taking into account any period of suspension already imposed.

(e) In the case of a finding of serious misconduct the employer may dismiss the teacher without notice.

3.4.4 Where a teacher has been suspended, and subsequently a breach of discipline is held not to have been proved, the teacher shall, unless the teacher has already resigned, be entitled forthwith to resume teaching duties.

3.4.5 The following are examples of matters that may warrant disciplinary action. This is not an exhaustive list nor is it intended that every such matter listed here must always be treated as a disciplinary matter. Each case must be assessed on its individual merits.

(a) Disobedience of lawful orders or instructions.

(b) Negligence, carelessness or indolence in carrying out her/his duties as a teacher.

(c) Gross inefficiency as a teacher.

(d) Misuse or failure to take proper care of school property or equipment in her/his custody or charge.

(e) Absence from duty without valid excuse.

(f) Conduct in her/his capacity as a teacher or otherwise which is unbecoming to a member of the teaching service.

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3.5 Resolving Conflict in a Māori Context

3.5.1 Ngā Kōrero me ngā Tikanga

(a) Me tuku reta atu ki te kaimahi hei whakamārama atu i ngā raruraru kua puta noa.
Mehemea he pai ki te kaimahi rāua tahi ko tona tumuaki, e āhei ana ki te whakahaere tonutia ngā whakaritenga i raro i nga tikanga Māori.

(b) Anei ra ātahi momo tikanga hei kōwhiringa mā rātou:

(i) He huihuinga kei te marae;
(ii) He whakawhiti kōrero kanohi ki te kanohi;
(iii) Ka hui mai te whānau hei tuarā mō te katoa; ā
(iv) Ka hui mai ngā kaumātua kuia hei arahi hei tohutohu i rātou katoa.

(c) Mēnā ka whakaaetia te kaimahi rāua ko tōna tumuaki ō rāua kaihautü rānei, kia oti pai ai te kaupapa, mā rāua mā ngā kaihautu rānei e hainatia ngā whakaaetanga i tūhia. Makaia atu tëtahi kape o ngā whakaetanga nei ki te kōnae o te kaimahi.

(d) He māmānoa iho ēnei whakawhiringa mehemea hiahia ana tētahi taha kia waiho tärewa ake ngā tikanga Māori kia huri ke ia ki ēthai (te katoa rānei) o nga whakaritenga, arā 3.3 me 3.4 e whai ake nei. Engari, mehemea ka huri kē atu i ngā tikanga Māori, ehara tērā i te tino raruraru kia oti hē rawa ngā whakaritenga katoa. Ina hoki kia tahuri mai tētahi taha ki ēnei ki 3.3 me 3.4 i raro nei, me tuhituhi hei whakamārama ki tērā atu taha.

Discussions in a Māori Context

(a) The teacher must be advised in writing of the specific matter(s) causing concern. The teacher and employer may, depending on the nature of the complaint, agree to attempt to deal with a complaint by it being heard in a Māori context and manner.

(b) A Māori context and manner relates to the following:

(i) Meetings can be had on marae;
(ii) There is face to face engagement;
(iii) There can be whānau support for all involved; and
(iv) Guidance and advice is often provided by kaumātua and kuia for all involved.

(c) Should the teacher and employer, or their representatives on their behalf, agree to a resolution of the matter, then this shall be recorded in writing and signed by both parties and/or their representatives on their behalf. A copy of the agreement will be placed on the teacher’s personal file.

(d) This is a discretionary option and either party may withdraw at any time, and nothing in this section prevents the employer or the teacher deciding at any time that any or all of the procedures in clause 3.3 or 3.4 will be used. Where either party decides to withdraw from this process, such a decision will not of itself give rise to any claim of procedural deficiency or unfairness. The decision to withdraw from this process and/or for the employer to use any or all the procedures in clause 3.3, and/or 3.4 will be notified in writing to the other party. 

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3.6 Nga Manu Korero

3.6.1 Ngā whakataetate mo ngā manu korero mo nga kura tuarua. There is a national entitlement of 350 teacher relief days to run the contests together with a national travel provision of $5,000. Travelling time may be allowed in terms of clause 6.9 of this agreement for teachers attending.  

3.6A  Kapa Haka and Polyfest Relief Provisions

3.6A.1 Kapa Haka Kura Tuarua

Ngā whakataetae mo ngā kapa haka kura tuarua. There is a national biennial entitlement of 100 teacher relief days to organise and coordinate the national biennial contest.

3.6A.2 Kapa Haka and Polyfest Cultural Competitions

Nga whakataetae mo nga kapa haka kura tuarua me nga iwi o Moananui-a-Kiwa

(a) From the start of the 2012 school year an additional 30 teacher relief days will be made available annually for teachers to attend Polyfest competitions to support students participating in the competitions.

(b) From the start of the 2012 school year an additional 70 teacher relief days will be made available biennially for teachers to attend Kapa Haka competitions to support students participating in the competitions.

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3.7 Te Atākura Time Allowance

3.7.1 Te Atākura graduates trained in 1987, 1988, 1989, 1990, 1991 and 1992:

(a) Shall be allocated a time allowance of up to 0.5 FTTE time as a special allowance for teachers trained under Te Atākura scheme for the use of their special skills in the areas of Taha Māori, of support for Māori students and for liaison between the school and the Māori community; and at least 0.5 FTTE from the school's normal staffing entitlement.

(b) For clarity, these allowances are in addition to those provided under 5.2.

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3.8 Beginning Teacher Time Allowance

3.8.1 Trained beginning teachers in their first year (i.e. first four consecutive school terms) who are employed full-time shall be a 0.8 charge against the school staffing entitlement but shall receive full salary and shall not have more than 20 hours of allocated duties during normal school hours each week. Trained beginning teachers in their first year (i.e. first four consecutive school terms) who are less than full-time but who are employed for 0.5 or more of a full-time load shall receive 0.1 FTTE. These time allowances are for advice and guidance purposes.

3.8.2 Trained beginning teachers in their second year (i.e. fifth to eighth consecutive school terms) who are employed full-time shall be a 0.9 charge against the school staffing entitlement but shall receive full salary. These teachers shall receive 0.1 FTTE time allowance for advice and guidance purposes.

3.8.3 For clarity, these allowances are calculated before, and are in addition to, the non-contact hours under 5.2.

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3.8A Head of Department Beginning Teacher Time Allowance

3.8A.1 Each school will receive an additional 0.04 FTTE for each year-one and for each year two beginning teacher who is granted a beginning teacher allowance as in clause 3.8

3.8A.2 Heads of Departments shall be allocated the equivalent of one hour non-teaching time per week for each teacher who generates the year-one or year-two beginning teacher time allowance for the purposes of directly providing curriculum-specific advice, guidance and support to that teacher. Schools have flexibility to decide how they allocate this time within or across weeks.

3.8A.3 Time allowances will aggregate where the individual is providing curriculum-specific advice and guidance to two or more beginning teachers who generate the time allowance.

3.8A.4 The Head of Department may decide that better use of her/his time allowance is by transferring her/his direct responsibility for providing curriculum-specific advice, guidance and support of a beginning teacher to another suitably qualified teacher who has the curriculum knowledge, while ensuring that the beginning teacher has at least the equivalent support as would be provided by the Head of Department. When the curriculum support programme is transferred the eligibility for the time allowance is also transferred.

3.8A.5 Where more than one Head of Department has responsibility for providing curriculum support and guidance to the beginning teacher the time allowance shall be shared equitably.

3.8A.6 Where the Head of Department is employed at another school the employer of the beginning teacher shall transfer the Head of Department Beginning Teacher Time Allowance to the employing school of the Head of Department.

3.8A.7 The release time for beginning teacher support is provided in addition to any time allowances generated by the Head of Department (or her/his delegate) under 5.2 and 3.7 of this agreement.

Note 1: The term 'Head of Department' is defined by role not necessarily title. It is used in this context to indicate the role of the teacher who would normally have the responsibility for management of a curriculum area and supporting a beginning teacher in that curriculum area.

Note 2: For clarity, this is not an additional allowance for those with general oversight of beginning teachers (including those overseeing school-wide induction programmes) or with general professional development roles (including Specialist Classroom Teachers), except where the curriculum support role is separate from her/his generalised responsibility for beginning teachers at the school.

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3.8B Specialist Classroom Teacher

3.8B.1 Each secondary school shall be entitled to appoint a permanent teacher as a Specialist Classroom Teacher.

3.8B.2 Except as provided in 3.8B.3 the Specialist Classroom Teacher shall receive an additional 0.16 FTTE time allowance (equivalent to four hours per week). These four hours per week shall be timetabled Specialist Classroom Teacher time and shall be in addition to non-contact time. The Specialist Classroom Teacher shall allocate a minimum of four hours in their timetabled week to the professional development and guidance, mentoring and induction of other teaching staff.

3.8B.3 From the start of the 2008 school year, the Specialist Classroom Teacher in schools of a roll size of greater than 1200 shall receive a further 0.16 FTTE time allowance (a total of eight hours per week). These eight hours per week shall be timetabled Specialist Classroom Teacher time and shall be in addition to non-contact time. The Specialist Classroom Teacher shall allocate a minimum of eight hours in their timetabled week to the professional development and guidance, mentoring and induction of other teaching staff.

3.8B.4 Appointment criteria to the position of Specialist Classroom Teacher include:

(a) being a permanently appointed registered teacher; and

(b) having at least six years total teaching experience (either in New Zealand or overseas); and

(c) having had three successful attestations against the experienced classroom teacher standards, or overseas equivalent; and

(d) being a full-time teacher, or a part-time teacher with a significant classroom teaching load at time of application (see the agreed guidelines for explanation); and

(e) other criteria in the agreed and published guidelines.

3.8B.5 A teacher appointed as a Specialist Classroom Teacher under 3.8B shall be paid an allowance equivalent in value to two units per annum (as per clause 4.3.2). For clarity, this is an allowance and is not a unit.

3.8B.6 Each teacher upon their first appointment as a Specialist Classroom Teacher shall have an entitlement to a reimbursement of fees for study towards relevant post graduate qualifications up to maximum of $1000 for each of two years (these years do not have to be consecutive provided that the teacher remains appointed as a SCT). This includes those teachers appointed as Specialist Classroom Teacher at the date of settlement of this agreement.

Note 1: The parties have produced agreed guidelines, in consultation with NZ School Trustees Association, to assist in the appointment process and the development of this position as an alternative career pathway for those teachers who want to remain based in teaching practice through supporting and encouraging effective teaching, rather than following a management and administration pathway. The guidelines are amended by the parties from time to time to assist in these processes.

Note 2: Attention is drawn to the agreed Specialist Classroom Teacher Guidelines in relation to holding units and other payments for those in the role of Specialist Classroom Teacher.

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3.8C Overseas Teacher Time Allowance

3.8C.1 Boards that employ an overseas trained teacher, are entitled to receive an Overseas Teacher Time Allowance of an additional 0.1 FTTE for two terms provided that the teacher meets the criteria outlined in 3.8C.2. The allowance may be applied for by the board at any time within the first 12 months of an overseas teacher's employment.

3.8C.2 For the school to receive an Overseas Teacher Time Allowance, the employed teacher must:

(a) be an overseas trained teacher whose qualification(s) are recognised for New Zealand teacher registration; and

(b) be appointed to their first teaching position in a New Zealand state or state integrated school; and

(c) have completed less than 40 weeks teaching in a New Zealand state or state integrated school; and

(d) be fully employed from within the school's staffing entitlement i.e. Teacher Salaries; and

(e) be employed full-time, i.e. 1.00 full-time teacher equivalent (FTTE); and

(f) be appointed to a position for a minimum of two terms; and

(g) not be eligible for the Beginning Teacher Time Allowance generated under 3.8 of this agreement.

3.8C.3 A board may not receive the Overseas Teacher Time Allowance for a teacher who is receiving or has received the Beginning Teacher Time Allowance.

3.8C.4 The employer is to ensure that discussion occurs with the overseas teacher on how the allowance may be utilised to assist in providing professional advice and guidance to the teacher.

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3.8D Kāhui Ako-level Induction and Networking Programmes

(a) Each teacher employed in a Kāhui Ako Teacher (across community) role will generate $750 per annum to the employing school to support Kāhui Ako-level induction and networking programmes.

(b) Each teacher employed in a Kāhui Ako Teacher (within school) role will generate $400 per annum to the employing school to support Kāhui Ako-level induction and networking programmes.

Note: see also clauses 4.23 and 4.24

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3.9 Surplus staffing and merger provisions

3.9.1  Application of Provisions in This Part

(a)    General

The following provisions set out the processes and entitlements applicable where in a school (or centre), other than the Correspondence School, either a surplus staffing or merger process has been initiated. The provisions that apply to the Correspondence School are in Part Eleven of this agreement. Attention is drawn to the provisions in 4(1A) (c) and 4 (4) (e) of the Employment Relations Act.

(b)    Application Only to Permanent Teachers

These provisions apply only to a teacher appointed as a permanent secondary teacher or a permanent specialist teacher of technology who comes within the coverage in clauses 1.4(a) or (c).

(c)    Surplus Staffing Process

The positions to be disestablished or altered in status in a surplus staffing process are to be determined in accordance with clause 3.9.3 and other relevant parts of clause 3.9.

(d)    Merger Process

The positions to be reconfirmed, reassigned, altered in status or disestablished in a merger process are to be determined in accordance with clause 3.9.4 and other relevant parts of clause 3.9.

(e)    Voluntary Options

(i)    Any teacher (including a teacher holding a job sharing position) whose position as a permanently appointed secondary teacher or specialist secondary teacher of technology who comes within the coverage in clauses 1.4(a) or (c) is disestablished in accordance with clause 3.9 as a result of voluntary election or otherwise, has the options available, where applicable, as provided for in clause 3.9.

(ii)    The options will become available at the date of disestablishment.

(iii)    The teacher must advise the employer before the date of disestablishment which option they have selected.  If no selection is made by this date the teacher will be deemed to have supernumerary status.  

(iv)    The options are:

(a)    Supernumerary employment;
(b)    Retraining;
(c)    Severance payment; (this option does not apply where the teacher volunteers to be considered for disestablishment as set out in clause 3.9.3(c); and
(d)    Long service payment.

(v)    The options set out in this sub-clause shall have the meaning set out in clause 3.9.7 below and apply in the manner set out in that clause.

(f)    Trained Permanent Employees in Their First Year (Merger Process)

In a staffing merger process, trained permanent employees in their first year shall be reconfirmed or reassigned and may not volunteer for the voluntary options.

(g)    Trained Beginning Permanent Employees in Their First Year (Surplus Staffing Process)

In a surplus staffing process, trained beginning employees in their first year have absolute protection and their positions cannot be considered for disestablishment.

3.9.2  Definitions

Functionally equivalent

means positions in middle or senior management which are generally similar in role, duties and status and which require similar qualifications, training, skills and experience but may have different titles and unit allocation.
Note: Middle management positions may include positions without units but which have subject responsibilities attached.  Such positions may be referred to by titles such as ‘Teacher in Charge of a subject’.

Merged school

the continuing school from the date of merger.

Merger Process

means the process to be followed where by reason of a merger of a school (or centre)

(a) the employer is required to reconfirm or reassign teaching positions, or

(b) to alter the status of positions to which units are allocated; or

(c) to reduce, by disestablishment, the number of teaching positions.

Merging schools

includes the merging school(s) before the date of merger.

Merit

means the most suitable person and primarily includes assessment of qualifications, training, skills and experience.

Reassignment

shall mean the process that applies to functionally-equivalent positions.

Reconfirmation

shall mean the process whereby teachers without permanent units are transferred to suitable positions at the merged school. 

Surplus Staffing  Process

means the process to be followed where by reason of either:

(a) a reorganisation of, or a change in the attendance at, or the sale or transfer of, a school or centre; or

(b) the closure, or change of class of a school or centre

an employer is required to either:

(i) reduce, by disestablishment, the number of teaching positions; or

(ii) alter the status of positions to which units are allocated.

Suitable position

is one which has similar duties and/or for which the applicant is appropriately qualified and experienced or could become so with reasonable access to re-training.

Voluntary Options

Means, where applicable, the options described in clauses 3.9.1(e)(iv) and 3.9.7 as applied in those clauses.

Attrition

Attrition is the non-replacement of employees who die, retire, resign, transfer or are promoted. 


3.9.3  Surplus Staffing Processes

(a)    Employer to Advise Number of Positions to Be Disestablished or Reduced in Status

These provisions apply where a school is required to reduce staffing or alter the status of positions due to a surplus staffing process. The employer shall inform employees of the number of full-time teaching equivalent (FTTE) positions to be disestablished and the number of positions to which units are allocated to be altered in status.

(b)    Use of Attrition Where Possible

The employer shall attempt to meet any reduction required by the use of attrition. The employer will adopt a policy of reviewing vacancies when staff surpluses are expected to arise whereupon a partial or complete freeze will be placed on recruiting new permanent employees and/or promotions.

(c)    Three Voluntary Options Available Where Attrition is Insufficient

Where the reduction in staffing or alterations in status of positions cannot be fully met by attrition the following voluntary options, as defined in clause 3.9.7 of this Agreement, will be made available to employees:

(i)         Supernumerary employment
(ii)         Retraining
(iii)        Long service payment

...provided that the employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final.
Note: In the case of employees who are job sharing this clause will only apply where both employees volunteer for the options.

(d)    Curriculum and Pastoral Needs Analysis Where Attrition and Voluntary Options Insufficient

Where the staffing reductions or alterations in status cannot be fully met by using attrition and voluntary options the remaining reductions or alterations shall be made in accordance with the following:

(i)      A detailed analysis of the school’s current curriculum and pastoral needs (CAPNA) and of the projected needs for the following year will be carried out after consultation with employees.  The completed analysis will be made available to employees and the Association.
(ii)     The employer after consultation with a nominee of the national executive of the Association will identify the basic scale teaching positions to be disestablished in accordance with the following guidelines in the order stated:

        - the curriculum balance within the school and pastoral care considerations;
        - the tenure of the position(s) being considered; and
        - the duration of service in the school of employees holding any positions being considered.

(e)    Four Options Available Where Position Disestablished Following CAPNA

Any teacher whose position is disestablished as a result of the operation of clause 3.9.3(d) above shall have available the following options, as defined in clause 3.9.7 of this Agreement:

(i)      Supernumerary employment
(ii)     Retraining
(iii)     Severance payment
(iv)    Long service payment

(f)     Teacher Competence Not Relevant in Determining Positions to be Disestablished

A judgement of whether the teacher is competent to teach is not one of the criteria for selection and should not be a consideration for disestablishment.  Matters of competence shall be dealt with in terms of clause 3.3 of this Agreement.

(g)    Process Where Positions (to Which Units are Allocated) Are to be Altered in Status

(i)      The employer after consultation with a nominee of the national executive of the Association will identify the positions to which units are allocated to be altered in status in accordance with the following guidelines in the order stated:

- the balance of the distribution of the units within the school and will take cognisance of the administrative, curricular and pastoral needs of the school;
- duration of service in the school of employees holding any positions being considered.

(ii)     A teacher whose position is reduced in status shall have available the period of salary protection set out in clause 3.9.8(b) of this Agreement.

(h)   Period of Notification Where Position Disestablished or Reduced in Status

A teacher whose position is to be disestablished or reduced in status shall be:

(i)      Notified of the change at least two months before the effective date of disestablishment or reduction; and
(ii)     In the case of employees whose position is to be disestablished, notified of the options available in clause 3.9.1(e) and clause 3.9.3; or
(iii)     In the case of employees whose position is to be reduced in status, notified of the options available in clause 3.9.8 and clause 3.9.3.

(i)    Re-establishment of Positions Following Issuing of Disestablishment Notices

Re-establishment of positions which become available after the issuing of disestablishment notices:

(i)         When disestablishing positions or units in accordance with clauses 3.9.3(d)-(g) above the employer shall determine and record the order of disestablishment.
(ii)         If, as a consequence of roll change or staff changes following the issuing of notice(s) of disestablishment, one or more positions become available then, in the curriculum areas in which the positions have become available, the notice(s) of disestablishment shall be withdrawn in reverse order to the record of disestablishment


3.9.4  Merger Processes

(a)    Commencement date of staffing merger process and filling of vacancies at that time

The staffing merger process in clause 3.9.4 below shall be followed from the date the merger is Gazetted except as provided. Actual vacancies that appear at the school from the Gazetting of the date of merger shall be filled with temporary appointments, except that if curriculum delivery is threatened, the employer may determine, in consultation with the Ministry of Education that any such position may be made permanent, subject to any staffing limitations.

(b)    Purpose of provisions Including Use of Attrition Where Possible

The purpose of these provisions is to:

(i)      Provide a staffing merger process that facilitates a fair and orderly transition

(ii)     Ensure an appropriate management structure is in place to enable the re-organised school to function efficiently and effectively;

(iii)     Ensure continuity of curriculum delivery at the merging schools prior to merger

(iv)    Ensure that as many teachers as possible currently employed are re- assigned or re-confirmed to positions in the process of merger. Throughout the staffing merger process the employer shall attempt to meet any reduction required by the use of attrition.

(v)           Ensure the curriculum, management and pastoral needs of the reorganised school are met.

(c)    Merger Committee to Conduct Staffing Needs Analysis

A merger committee will be established to implement the staffing merger process.

The merger committee, in consultation with the nominee of the Executive of the Association, shall work to document:

(i)      an analysis of the current staffing usage at the affected schools; and

(ii)     a teacher/subject analysis. This will include subjects taught at each year level over recent years; and

(iii)     an analysis of the likely curriculum, pastoral, and management positions of the merged school.

(d)    Preparation of Draft Staffing Schedules

(i)      Following the staffing needs analysis, draft staffing schedules shall be developed and made available to each teacher, and to the nominee(s) of the Executive of the Association.

(ii)     Unless otherwise agreed, no less than five (5) working days will be provided for comment and feedback to the representative of the employer before any further step is taken.

(iii)    A further three (3) working days will be provided for comment on any alterations to the initial draft staffing schedules.

(e)    Expressions of Interest in Teaching Positions

(i)      When the new staffing structure is announced, the employer shall invite all teachers to express a preference (or preferences) in writing, for a teaching position (or positions) at the merged school.

(ii)     Teachers shall have at least 1 calendar week’s notice of the closing date for expressions of interest in the positon(s) at the merged school.

(f)    Voluntary Options

(i)     Following the publication of the staffing schedules, the employer boards shall seek written expressions of interest in the following voluntary options, as detailed in clause 3.9.7 of this agreement:

(a)     supernumerary employment of 40 (forty) school weeks at the merged school (see 3.9.7(1));
(b)     supernumerary employment of 40 (forty) school weeks in another school (see clause 3.9.7(1);
(c)     retraining (see 3.9.7(2));
(d)     severance (see 3.9.7(3));
(e)     long service payment (see 3.9.7(4).

(ii)    Teachers may continue to volunteer for the options without prejudice or withdraw from them at any point in the staffing merger process, providing the employer has not already accepted the offer in writing.

(iii)     The employer shall not be bound to agree to any voluntary offer. The employer’s decision shall be final.

(g)    Re-assignment to Functionally Equivalent Positions

(i)      If a teacher expresses a preference for a position that is determined to be the functional equivalent of their current position, and they are the only suitably qualified and experienced teacher for that position, they shall be reassigned to that position, subject to the provisions in this clause.

(ii)     Teachers may be reassigned to the teacher’s preferred position or to a position for which they are appropriately qualified and experienced.

(iii)     Where there are more teachers in positions that are functionally equivalent, than there are such positions at the merged school, the employer shall seek internal applications for the position(s) from those teachers and shall reassign the most suitable candidate(s) based upon merit.

(iv)    The number of units (or, where applicable, the number of middle management allowances) held by a teacher shall not give a greater or lesser entitlement to a functionally equivalent position at the merged school.

(v)     A teacher who is reassigned to a position with fewer permanent units shall be reminded of the options available in clause 3.9.4(f).

(vi)    Teachers who are not reassigned to a functionally-equivalent position at the merged school may, subject clause 3.9.4(h), be reconfirmed in a teaching position.

(h)    Reconfirmation

(i)      The employer shall reconfirm (as defined in clause 3.9.2 above) employees to suitable positions at the merged school.  Reconfirmation may be to a teacher’s preferred position or to a position for which they are appropriately qualified and experienced.
(ii)     Where there are two or more teachers eligible for re-confirmation to a single position, the employer shall reconfirm the most suitable candidate(s) based upon merit.
(iii)     Teachers who are not reconfirmed in a position in which they have expressed interest at the merged school may be reconfirmed in any vacant teaching position for which they are suitable, or could become suitable with access to re-training.

(i)     Process Where Positions Remain Unfilled

(i)      Where positions are created at the merged school that have no direct equivalent in the merging schools, such position(s) shall be advertised nationally in the Education Gazette and existing teachers may apply for them.  Selection shall be on merit with no automatic right to such positions.

(ii)     Actual vacancies at the merged school that remain unfilled after the completion of the processes for reconfirmation and reassignment shall be advertised nationally in the Education Gazette. Selection shall be on merit with no automatic right to such positions.

(j)     Notice

The employer shall give notice of all positions that are to be disestablished at least two months prior to the date of disestablishment.

(k)    Date of Disestablishment of Positions

(i)     Subject to (ii) below, the positions of permanently appointed teachers who are not reconfirmed or reassigned to positions in the merged school through the operation of (g) and (h) of this clause shall be disestablished on the last day of the school year in which the merger is Gazetted.

(ii)     If, as a consequence of exceptional administrative delays, the notice of disestablishment has been issued after 27th November in the year of the Gazetting of the merger, then the date of disestablishment shall be two months from the date that the notice was issued.

(l)     Latest Timing of Offer of Voluntary Options

(i)     Teachers whose positions are to be disestablished, and who have not already identified voluntary options, must be offered the options identified in (f) of this clause at least two months before their positions are disestablished.

(ii)     If, during the two-month notice period, a suitable permanent position arises at the merged school the teacher may seek reassignment or reconfirmation to that position and if suitably qualified and experienced he/she shall be reassigned or reconfirmed in that position.

(iii)    The provisions of 3.9.7 of this Agreement shall apply from the date of disestablishment.

(m)   Supernumerary Status Where No Option Selected

(i)      If no option has been selected by the effective date of disestablishment, the teacher will be deemed to have supernumerary status in the merged school.

(ii)     Upon termination of the supernumerary period, teachers who complete their supernumerary employment of 40 school weeks at the merged school and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per clause 8.2 and Appendix C of this Agreement for a period of 12 months from the cessation of their supernumerary employment.  This entitlement will cease on permanent appointment to another teaching position in a state school.

(n)    Options for permanent part-time teachers

(i)     Apermanent part-time teacher who is offered a position with reduced hours at the reorganised school may either elect:

(a) that the position has been disestablished and the provisions of (f) of this clause shall apply; or
(b) to accept the position with reduced hours, in which case from the date of disestablishment the teacher shall be timetabled for the reduced number of hours but for a period of forty school weeks shall continue to be paid for the number of hours which applied to the original position.

(ii)    A permanent part-time teacher who elects the option in (i) b of this clause shall receive an allowance calculated as the difference between their fortnightly salary in the new position accepted by the teacher and their fortnightly salary based on the number of hours which applied to the original permanent position.  Where the teacher’s hours are increased during any one fortnight, the value of the allowance in that fortnight shall be abated accordingly.  The value of the allowance shall not increase where the teacher works reduced hours in the new position in any one fortnight. The teacher shall receive the allowance over the number of weeks of entitlement set out in (i) b of this clause.

(o)    Salary Protection for Permanent Unit Holders Moving to Reduced Status Positions

All holders of permanent units who are reconfirmed or reassigned to positions at the reorganised school which are reduced in status as a result of the application of these provisions shall have salary protection for 1 year from the establishment of the merged school.

(p)    Continuation of Fixed-Term Units

Fixed-term units already allocated to teachers prior to the official date of merger shall continue until the agreed expiry date of those units where the teacher is reconfirmed or reassigned at the merged school.

(q)    Determination of Use of Unallocated Units

At the beginning of the new school year, the employer shall under clause 4.3.1 of this Agreement, following consultation with the teaching staff, determine the use of any unallocated units subject to (p) of this clause.


3.9.5  Effective Date of Disestablishment Following Merger and Surplus Staffing Processes

Positions identified as surplus in the procedures set out in clause 3.9 will be effectively disestablished at the start of the next school year.


3.9.6  Period Following Issue of Notice and the Effective Date of Disestablishment

In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:

(i)      Withdrawal of Disestablishment Notice in Certain Circumstances

Where a teacher’s position is to be disestablished and where, before the effective disestablishment of that position takes effect, the roll increases sufficiently to justify its continuation at its current level, the notice of disestablishment will be withdrawn and the teacher concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that teacher has, in the meantime, resigned or been appointed to another permanent position. Where there is more than one suitable teacher the provisions of clause 3.9.4(i) will operate.

(ii)     Advertising Positions at Replacement School Following Closure

Where, as a consequence of the closure of a school through a surplus staffing process a replacement school is created, positions at the replacement school shall be advertised nationally in the Education Gazette and notice of intention to advertise shall be given to the Board of the closing school.  Teachers at the closing school may apply for the advertised positions.  Selection shall be on merit with no automatic right to appointment.  The entitlement to the options set out in clauses 3.9.1(e) and 3.9.7 applies where the teacher does not secure a position in the replacement school.

(iii)     Applications for Position of Equal/Lower Status at Merged/Reclassified School

Where, in the case of the merger or change of class of a school as a consequence of the operation of clause 3.9 a teacher applies for a permanent teaching position of equal or lower status for which they are suitable at the merged or reclassified school, then the provisions of clause 3.9.4(g), (h) and (i) shall apply.  The entitlement to the options set out in clause 3.9.1(e) and 3.9.7 applies where the teacher does not secure a position in the new school.

(iv)    Provision of Support by Employer

Prior to the effective date of disestablishment of a position the employer will support the teacher’s finding a suitable alternative permanent teaching position either within or outside the school and will meet the actual and reasonable costs of attending interviews at other schools where prior approval is given.

(v)     No Compensation if Teacher Declines Offer of Suitable Appointment

Where a teacher holds a position which is about to be disestablished and, before the effective date of disestablishment, the teacher declines an offer of suitable permanent appointment at the same salary from their employer or applies for and declines an offer of appointment to a teaching position for which the teacher is suitable from another board, the teacher’s employment may be terminated from the effective date of disestablishment and no further compensation paid.

(vi)    Entitlement to Removal Expenses in Certain Circumstances

Where a teacher is appointed, under the provisions of this part, to a suitable permanent teaching position with another board and a transfer of location is involved, the teacher shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised for one transfer only.


3.9.7  Voluntary Options

The options set out in clause 3.9.1(e) shall have the meaning set out in this clause and apply in the following manner. 

The term "school weeks" used in clause 3.9.7(1) and 3.9.7(2) mean those weeks forming part of the period during which in the normal course of events the school would be open for instruction.    


(1) Supernumerary employment

Supernumerary employment is employment for a period of up to thirty (30) school weeks.  A teacher whose position is disestablished as a result of voluntary election or otherwise who has either elected to be employed as a supernumerary teacher, or who has not taken up any of the other options set out in clause 3.9.1(e) before the date of disestablishment, shall be entitled to supernumerary employment in accordance with the following provisions:

(a) 

(i) Generally
The teacher will continue to be employed at their existing salary for a period of thirty (30) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);

(ii) School mergers
In the case of school mergers the teacher may elect to be employed at their existing salary for a period of forty (40) school weeks at the merged school or in any other school – provided that the board of that school gives consent – from the effective date of the disestablishment of the position and the provisions of clause 3.9.4(f)(i) a and  3.9.4(f)(i) b apply.

(iii) School closures
In the case of school closure the teacher may be supernumerary for forty (40) school weeks in any other school provided that the board of that school gives consent.

(b)   Teacher options

The teacher may elect to take up their supernumerary employment at the same school or at any other school at the request of the teacher and with the approval of the original employer and the board at the other school.

(c)    Provision of Support by Employer

The employer will encourage the teacher to find a suitable alternative permanent teaching position and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given.

(d)    Appointment to Suitable Permanent Positions

If during the supernumerary period the teacher applies for a permanent position of equal or lower status for which they are suitable at the school or centre where they are employed at the time, they shall be appointed to, or in the case of a merger reconfirmed or reassigned to, that position.

(e)    Termination of Supernumerary Period

The teacher’s supernumerary employment shall cease upon the teacher being appointed to a new teaching position or upon the teacher choosing to resign or at the expiration of the applicable number of school weeks specified in 3.9.7(1)(a) from the effective date of the disestablishment of the position, whichever is the earlier.

(f)    Time the Supernumerary Position Commences

In the case of the closure, merger, sale or transfer of, or change of class of a school the supernumerary period shall begin on the date of the opening of the new school, unless the teacher takes up their supernumerary position at another school in terms of (b) above, in which case supernumerary status will begin from the effective date of disestablishment.  Where a school is closed without replacement the teacher is entitled to the options set out in clause 3.9.1(e).

(g)    Removal Expenses

There a supernumerary teacher is appointed to a new permanent teaching position and a transfer of location is involved, that teacher shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised once only for each supernumerary period;

Note:Attention is drawn to 8.1.1(h) in relation to removal expenses.

(h)    Supernumerary Status Will Cease if Suitable Offer Declined

Where a supernumerary teacher declines an offer of suitable appointment at the same salary from the employer with whom theyare employed at the time, or applies for and declines an offer of appointment from another board, the teacher’s supernumerary status shall cease forthwith.

(i)     Salary Increases/Increments Preserved

During any period of supernumerary employment a teacher is entitled to any salary increases or increments due.


(2) Retraining

Where a teacher‘s position is disestablished as the result of voluntary election or otherwise the teacher may elect to take a course of study approved by the Secretary for Education that will enhance or upgrade the teacher’s skills as a secondary school teacher, provided that:

(a)    Supernumerary Status for a Maximum of (40) School Weeks

The teacher will continue to be employed at their existing salary for a maximum period of forty (40) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);

(b)    The teacher is employed as a supernumerary teacher during this period and has the rights and obligations of a supernumerary teacher except as specifically provided in this clause.

(c)    No Employer Contribution to Costs

There is no requirement on the employer to meet any costs and expenses of training, including course fees.

(d)    Provision of Evidence That Retraining Undertaken

The teacher will provide evidence of attendance at the approved course of study where requested by the employer.  The employer may make enquiries during the retraining period to establish that the teacher is undertaking the approved course of study.

(e)    Supernumerary Status Affected by Duration of Course of Study

Where the approved course of study is for a shorter period than forty (40) school weeks the teacher is required to attend the school as a supernumerary teacher in periods when the school is open for instruction provided that where the approved course of study is less than the applicable period under 3.9.7(1)(a) supernumerary status from the effective date of disestablishment of the position shall not extend beyond that period.

(f)     Where the course of study commences later than the effective date of disestablishment, the teacher is required to attend the school as a supernumerary teacher in periods when the school is open for instruction, except in special circumstances approved by the employer.

(g)     Where the teacher chooses to withdraw from the course before its completion, further employment shall cease, except where the employer and the Secretary for Education agree that there was just cause for the withdrawal, the teacher shall return to the school as a supernumerary for the remainder of the retraining period.


(3) Severance Payment

Except where otherwise provided in clause 3.9, where a teacher’s position is disestablished as a result of the application of the provisions in clause 3.9, the teacher may elect to be paid a severance payment provided that:

(a)   Deemed Supernumerary Status until Severance Payment Made

The teacher will be deemed to have supernumerary status for the period after disestablishment until severance payment is paid.  This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll.  During this period, the rights and obligations of a supernumerary teacher will apply.

(b)    Effect of Early Payment of Severance Where Closed School Not Replaced

Where a school is closed without replacement at the end of a school year the teacher shall receive a salary for the supernumerary status up to 1 March.  The severance payment shall be paid in the pay period immediately after 1 March.  A teacher may request to be paid the severance payment prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of payment of the severance payment..

(c)    Calculation of Severance Payment

Payment under this clause will be made in accordance with the provisions below.  For the purpose of these provisions, ordinary pay is defined as basic taxable salary, plus regular taxable allowances paid on a continuous basis as at the effective date of disestablishment of the position.  For teachers on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave.

(d)    A teacher whose position is disestablished who elects to take a severance payment shall be paid according to the table below:

 

Length of Service

Weeks of Payment (ordinary pay)

 

Up to 3 years

7 weeks

 

Over 3 years and up to 5 years

15 weeks

 

5 years and over

23 weeks

(e)   Calculation of Length of Service for Severance (and Long Service) Payment

For the purposes of calculating length of service for clause 3.9.7(3) and 3.9.7(4) only service as a teacher in a state or integrated school shall be counted.  Non-permanent part-time service shall be calculated on the basis that 80 hours equals one month’s service and 1000 hours equals one year’s service.  Where non-permanent part-time service consists of 20 or more hours per week it may be credited as full-time service.  For the purposes of this clause service includes service credits for childcare where a teacher resigned or took leave to care for their children, on the basis of one third credit for each year of such leave up to a maximum of five years’ credit.

(f)   Circumstances Where Refund of Portion of Severance Payment Required

Where a teacher having received a severance payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the teacher as a severance payment under clause (3)(c) above, the teacher shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance payment was received. Provided that, for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a specialist secondary teacher of technology who comes within the coverage of clauses 1.4(a) or (c).

(g)   Effect of Severance Payment on Future Service

Any teacher receiving the severance payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements.

(h)   Definition of “Pay”

       Pay for employees shall be defined as:

(i)      For full-time employees, “Weekly” pay shall be 7/365 of ordinary pay.
(ii)      For part-time employees, “Weekly” pay shall mean the teacher’s average weekly earnings for the previous six/twelve months (whichever is more favourable to the teacher).
(iii)     Payment under this provision is conditional upon the teacher finishing on an agreed date (usually the first of March).  Where the teacher resigns her/his position or is appointed to another teaching position before the date of payment no payment will be made.


(4) Long Service Payment

(a)   Deemed Supernumerary Status until Long Service Payment Made

Where a teacher’s position is disestablished either as the result of voluntary election or otherwise the teacher may elect to receive a long service payment.  The intention of this payment is to assist the teacher to withdraw from the teaching service.  This option will be available on the following basis:

(i)      the teacher will be deemed to have supernumerary status for the period from the effective date of disestablishment until long service payment is paid.  This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll.  During this period, the rights and obligations of a supernumerary teacher will apply;

(ii)      those with twenty-five (25) years’ service and less than thirty (30) years’ service shall be paid a lump sum of twenty-five (25) weeks’ ordinary pay;

(iii)     those with thirty (30) years’ service or more shall be paid a lump sum of thirty (30) weeks’ ordinary pay;

(b)    Effect of Early Payment of Long Service Where Closed School Not Replaced

Where a school is closed without replacement at the end of a school year the teacher shall receive salary for the supernumerary status up to 1 March.  The long service payment shall be paid in the pay period immediately after 1 March.  A teacher may request to be paid long service prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of the payment of the long service payment.

(c)   Definitions of “Service” and “Weekly Ordinary Pay” for Long Service Payment

For the purposes of the long service payment the definitions of service and of weekly ordinary pay are the same as those for severance set out above.

(d)   Circumstances Where Refund of Portion of Long Service Payment Required

Where a teacher having received a long service payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the teacher as a long service payment under clause (4)(a) above, the teacher shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which long service payment was received; provided that, for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a specialist secondary teacher of technology who comes within the coverage in clauses 1.4(a) or (c).

(e)   Effect of Long Service Payment on Future Service

Any teacher receiving the long service payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements.

(f)   Payment under this provision is conditional upon the teacher finishing on an agreed date [usually the first (1st) of March].


3.9.8  Preference in Appointment

(a) Preference for Re-appointment Prior to Dis-establishment of Position

Where a position which has permanent units attached has been reduced in status because of the operation of clause 3.9 and the actual roll is sufficient to justify its re-establishment (or its continuation or resumption at the former level if altered in status) before the actual disestablishment of that position takes effect the teacher concerned shall be entitled to be reappointed to the position at the re-established level unless they have resigned or been appointed to another permanent position. 

Note: This sub-clause is not applicable to the holder of fixed-term unit(s).

(b) Preference of Appointment to Position at New Status and Salary Protection

Any teacher who holds a position which has permanent units attached, and that position is or is about to be altered in status as a consequence of the operation of clause 3.9, who applies for the position as advertised at its new status shall be appointed to that position unless in the meantime the teacher has been appointed to another permanent position provided that where the position has been reduced in status the teacher concerned shall continue to be paid at the salary they were receiving immediately prior to the reduction for a period of one year from the effective date of the reduction provided that they continue to hold that position. 

Note: This sub-clause is not applicable to holders of fixed-term unit(s).

(c) During any period of salary protection a teacher is entitled to any salary increases or increments due.

3.9.9 Where a teacher appointed to a position to which unit(s) are allocated loses that position or has the position altered in status because of the application of the surplus staffing provisions of this agreement the salary protection arrangements of those provisions shall apply provided:

(a) that where the allocation has been made on a fixed-term basis the period of protection shall be for the lesser of the term of the appointment agreed or for one year while the teacher continues to hold a position at the school; and provided also:

(b) that in no case shall the eventual salary reduction be to a rate less than would otherwise apply had the teacher not been appointed to a position to which unit(s) had been allocated. For the sake of clarity, any increments received or due in accordance with clause 4.2.3 or 4.3.7 or 4.1.4 above shall remain payable or due notwithstanding the teacher’s reduction in status.

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3.10      Return from a Period of Childcare

3.10.1  Any teacher who has resigned from her/his position to care for pre-school children and not more than four years have elapsed since such resignation (or five years in the case of a resignation because of pregnancy) who applies for a position of equal or lower status for which the teacher is suitable at the school from which they resigned shall be appointed to that position.

3.10.2   The teacher shall provide a birth certificate for the child and sign a statutory declaration to the effect that absence has been due to the care of a pre-school child.

3.10.3   If an applicant under these provisions is not appointed to any position in the school from which the applicant resigned within six months after the expiry of the period in this clause the benefits of these provisions will lapse.

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3.11      Termination of Appointment

3.11.1

(a) The notice required to be given to a permanently appointed teacher who holds a position which was advertised shall be two months.

(b) A permanently appointed teacher shall give two months’ notice to the employer, except where the teacher and the employer agree to a lesser period of notice from the teacher.

(c) Where an employer has dismissed a teacher who holds such a position, except in cases of serious misconduct, the employer at their discretion may provide some or all of the notice as salary in lieu of notice. In cases of serious misconduct clause 3.4.3(e) shall apply.

3.11.2 Notice for fixed-term employees

(a) Where fixed-term employment is to be terminated prior to the agreed termination point being the date, event, or project conclusion agreed between the employer and teacher) the notice required shall be two months, except that if there is less than two months remaining until the termination point, the notice required shall be half of that remaining period.

(b) Nothing in 3.11.2 (a) shall prevent a shorter notice period being agreed between the teacher and the employer.

(c) Notice provisions for relievers covering a teacher on maternity leave are set out in clause 6.3.3.

3.11.3 The notice requirements in 3.11.1 and 3.11.2 do not apply where a teacher is dismissed without notice for serious misconduct or where the Secretary for Education gives concurrence under medical retirement – serious illness.

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3.12 Medical Retirement

Note 1: A teacher who is eligible for medical retirement for terminal illness may elect to take retirement under the provisions for either serious illness or terminal illness but not both and will be entitled to one payment only.

Note 2: In the event that a teacher deceases in service without activating or uplifting the medical retirement provisions outlined in medical retirement terminal illness or medical retirement serious illness, the estate of the teacher shall have no claim on the medical retirement provision.

Note 3: When a teacher has ceased to be a permanent employee the board may no longer approve medical retirement.

3.12.1  Terminal Illness

A permanently appointed teacher may be granted medical retirement in circumstances where the teacher has a terminal illness which causes them to be incapable of continuing to work or returning to work.

3.12.2  In such circumstances, the teacher shall provide to the employer evidence of their illness from the teacher’s registered medical specialist with a prognosis attesting to the incapacity to work both currently and in the future.  The employer may request a further medical certificate from a registered medical practitioner nominated by the employer and will reimburse the cost where this is requested.

3.12.3  The employer shall, on receiving an application for medical retirement, take account of the information provided by the teacher when making the decision whether or not to grant the medical retirement.  Where the information provided does not provide sufficient medical reasons to support the granting of the medical retirement, the application can be declined.

3.12.4  Where the employer agrees to the medical retirement, the teacher is entitled to receive the greater of either:

(a) the balance of their unused sick leave entitlement as provided for in clause 6.2 of this agreement; or

(b) two months’ normal salary in lieu of notice.

The following is a summary of the serious illness provisions which are detailed in full in Appendix B.  Where there is an intention to use these provisions then refer directly to Appendix B.

3.12.5  Serious Illness

A permanently appointed teacher, currently in service, may be granted medical retirement under this clause in circumstances where the teacher has a serious illness or serious injury. 

3.12.6  A teacher is considered to be medically unfit for work by reason of serious illness if she/he is wholly or substantially unable to perform the duties of the position at the school and is unlikely currently or at any time in the foreseeable future to be able to return to work.  An application for medical retirement must be supported by medical evidence.

3.12.7  Either the teacher or the employer can initiate the medical retirement processes.  Where the employer initiates, they must have reasonable grounds to do so. 

3.12.8  If the teacher is medically retired, they may chooseone of the following options:

(a) A medical retirement payment of 13 weeks’ salary plus an additional week for every year’s service after 25 years.  The maximum payment is 26 weeks’ salary.  Any sick-leave taken in the four weeks leading up to the application to medically retire will be subtracted from the payment; or

(b) Remaining on sick-leave until their entitlement is exhausted and the employer immediately appointing a permanent teacher to replace the medically retired teacher; or

(c) Receiving the remainder of their sick-leave entitlement as a lump-sum payment.  This payment does not attract any holiday pay.

3.12.9  There must be concurrence from the Secretary for Education before the teacher may be medically retired under these provisions. 

Note: Teachers considering medical retirement processes are advised to check out any implications of being medically retired on any retirement saving scheme or superannuation scheme they may contribute to.

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3.13   Retirement Savings Scheme

3.13.1 Teachers are eligible to join Kiwisaver schemes in accordance with the terms of those schemes. 

3.13.2 Employer or government contributions to retirement or superannuation schemes which are closed to new members (and include the Teachers’ Retirement Savings Schemes, the State Sector Retirement Savings Scheme and the Government Superannuation Fund), shall continue in accordance with the terms of those schemes. 

3.13.3 A teacher is not eligible to receive employer or government contributions to a Kiwisaver scheme where government or employer contributions are made to another retirement or superannuation scheme of which that teacher is a member.

Note: Employers are obliged to enrol eligible new employees in a Kiwisaver scheme in accordance with the Kiwisaver Act 2006.

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3.14  Savings

3.14.1     Unless otherwise specified, the terms and conditions of employment of every teacher covered by this agreement will be identical with those that applied prior to 1 April 1988.

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3.15  Declaration Pursuant to Act

3.15.1     Pursuant to section 75(1) of the State Sector Act 1988 the terms and conditions of this agreement shall be actual terms and conditions.

3.15.2     Provided that the Secretary for Education may approve additional terms and conditions of employment where such terms are not inconsistent with the terms and conditions of this collective agreement.

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3.16  Teacher-Led Innovation Fund

3.16.1     During the 2015-2018 school years groups of three or more teachers may apply for funding from the Teacher-Led Innovation Fund for practice-based research.

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Last modified on Tuesday, 24 September 2019 12:01