Part 7 - Other Conditions

7.1    Sexual Harassment

The parties to this agreement agree that sexual harassment in the workplace is not acceptable and attention is drawn to part 8 of this agreement.

7.2    Immunisation

The parties agree in principle that responsibility for pre-exposure immunisation of employees rests with employers who should accept responsibility for safety in the workplace, advised as necessary by health officials.

7.3    Working Conditions of Employees

7.3.1 Attention is drawn to the provisions of the Health and Safety in Employment Act 1992, the Health and Safety in Employment Amendment Act 2002, the Ministry of Education Code of Practice for State Primary, Composite and Secondary Schools 1993 and any amendment or any other relevant legislation or code subsequently introduced.

7.3.2 All employees shall be provided with coffee, tea, milk and sugar at all meal and tea breaks.

7.3.3 In situations where employees may be at significantly increased risk of acquiring Hepatitis B because of the nature of their job, the situation shall be assessed by the employer on an individual basis and, if appropriate, the employer shall:

(a) provide appropriate hygiene measures and educational advice; and

(b) if appropriate, with the employee's consent, arrange for immunisation at the employer's expense.

7.4    Privacy Act

Attention is drawn to the Privacy Act 1993 which outlines responsibility for the collection, storage and availability of personal information.

7.5    Access

A representative of the NZEI shall be entitled to enter at all reasonable times upon the premises for purposes related to the employment of its members or for purposes related to the union’s business or both.  The representative shall enter at a reasonable time and in a reasonable way and comply with existing safety, health and security procedures applying in respect of the school.

7.6    Deductions

With the written consent of the employee, the employer shall deduct union fees from the remuneration payable to employees and remit them to NZEI.  The employer shall retain an administration fee of 2.5 per cent.  The employer shall remit such deductions to the NZEI at mutually accepted intervals of not more than three months.

7.7    Paid Union Meetings

(a) The employer must allow every union member employed by the employer to attend at least 2 union meetings (each of a maximum of 2 hours’ duration) in each calendar year.

(b) The union must give the employer at least 14 days’ notice of the date and time of any union meeting to be held.

(c) The union must make such arrangements with the employer as necessary to ensure that the school remains open for instruction during any union meeting, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the school to remain open for instruction.

(d) Work must resume as soon as practicable after the meeting, but the employer is not obliged to pay any union member for a period longer than 2 hours in respect of any meeting.

(e) An employer must allow a union member employed by the employer to attend a union meeting under 7.7 on ordinary pay to the extent that the employee would otherwise be working for the employer during the meeting.

(f) For the purposes of 7.7 (e) the union must:

(i) supply to the employer a list of members who attended the union meeting; and
(ii) advise the employer of the duration of the meeting.

7.8    Training

7.8.1 The employer shall consult with employees on training on an annual basis.

7.8.2 Employees shall be offered such ongoing training as may be necessary as determined by the employer to ensure they maintain up to date skills and knowledge.

7.8.3 At the discretion of and with the prior agreement of the employer, the following may be granted:

(a) paid leave to attend training that is directly related to their work;

(b) reimbursement of expenses related to training.

7.9    Professional Development

7.9.1 The parties agree that ongoing professional development is an important component of the provision of quality support services within schools.  Further the parties acknowledge that the provision of quality support services is aided by appropriately qualified staff. 

7.9.2 Both the employer and employee are responsible for discussing and identifying appropriate professional development opportunities.  This should occur on at least a 12 monthly basis and where possible be linked to the annual appraisal process.

7.9.3 Subject to 7.9.6, a Board may require an employee covered by this agreement to attend professional development opportunities for up to five days in each calendar year. The identification of such opportunities is likely to arise from the process referred to in 7.9.2.

7.9.4 The most appropriate opportunities may be in term time or during term breaks, and may be during the employee’s normal working hours or outside those hours. When considering such opportunities, the employer will give every reasonable regard to the employee’s external responsibilities and commitments.

7.9.5 Where an employee considers that s/he is not being provided with an appropriate professional development opportunity through the process referred to in 7.9.2, the employee may apply to the Board of Trustees to have her/his attendance at a particular course approved and reimbursed in accordance with this clause. Such approval will be at the discretion of the Board of Trustees based on the principles expressed in this clause (7.9).

7.9.6 Where professional development occurs outside of work hours or on a day not normally worked, the employee shall receive full pay for the time spent at the course, including reasonable travelling time, for a maximum of eight hours per day. In addition the course costs and reasonable expenses shall be met by the Board. A minimum of four weeks notice of any such course will be given to the employee.

7.9.7 Where the professional development occurs on a day or days the employee would normally work, the employee will be entitled to have course costs and reasonable expenses paid by the employer in addition to normal wages for the day. Where the course length, including reasonable travelling time, exceeds the hours normally worked on the day, those additional hours shall also be on full pay to a maximum of eight.

7.9.8 Where the employer requires the employee to use their own vehicle reasonable expenses shall include mileage payments as per 5.1.

7.10    Termination of Employment

Unless otherwise agreed between the employer and the employee, termination of employment shall be by one month’s written notice by either the employee or the employer, to the other party; except in cases of serious misconduct which may warrant instant dismissal.

7.11    Complaints and Discipline

7.11.1 General

The following principles shall be used in addressing complaints against employees and matters of discipline and competence to ensure that such matters can in the interests of the parties be fully and fairly addressed.  Many complaints will be able to be resolved by discussion between the principal and the employee concerned without the need to take the matter any further.  Boards should, wherever appropriate, seek to resolve complaints in this manner in the first instance.  Questions of competence, conduct and/or discipline should be handled in a manner which as far as possible protects the mana and dignity of the employee concerned.  Employees may seek whanau, family, professional and/or NZEI support in relation to such matters.

7.11.2 Ngä Körero me ngä Tikanga

(a) Me tuku reta atu ki te kaimahi hei whakamärama atu i nga raruraru kua puta noa.  Mehemea he pai ki te kaimahi räua tahi ko tona tumuaki, e ähei ana ki te whakahaere tonutia ngä whakaritenga i raro i ngä tikanga Mäori.

(b) Anei ra ëtahi momo tikanga hei köwhiringa mä rätou:

• he huihuinga kei te marae;
• he whakawhiti körero kanohi ki te kanohi;
• ka hui mai te whänau hei tuarä mö te katoa; ä
• ka hui mai ngä kaumätua kuia hei arahi hei tohutohu i ä rätou katoa.

(c) Mënä ka whakaaetia te kaimahi räua ko töna tumuaki ö räua kaihautü ränei, kia oti pai ai te kaupapa, mä räua mä ngä kaihautu ränei e hainatia ngä whakaaetanga i tühia.  Makaia atu tëtahi kape o ngä whakaaetanga nei ki te könae o te kaimahi.

(d) He mämä noa iho ënei whakawhiringa mehemea hiahia ana tëtahi taha kia waiho tärewa ake ngä tikanga Mäori kia huri ke ia ki ëtahi (te katoa ränei) o ngä whakaritenga, arä 7.11.3, 7.12 me 7.13 e whai ake nei.  Engari, mehemea ka huri kë atu i ngä tikanga Mäori, ehara tërä i te tino raruraru kia oti hë rawa ngä whakaritenga katoa.  Ina hoki ka tahuri mai tëtahi taha ki ënei ki 7.11.3, 7.12 me 7.13 i raro nei, me tuhituhi hei whakamärama ki tërä atu taha.

7.11.2 Discussions in a Maori Context

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

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

• meetings can be held on marae;
• there is face to face engagement;
• there can be whanau support for all involved; and
• guidance and advice is often provided by kaumatua and kuia for all involved.

(c) Should the employee 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 employee’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 employee deciding at any time that any or all of the procedures in 7.11.3, 7.12 and/or 7.13 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 7.11.3, 7.12 and/or 7.13 will be notified in writing to the other party.

7.11.3 Discipline and Dismissal

The following principles are to be followed when dealing with disciplinary matters:

(a) the employee must be advised of the right to request representation at any stage;

(b) the employee must be advised in writing of the specific matter(s) causing concern and be given a reasonable opportunity to provide an explanation. Before making a final decision the employer may need to make further inquiries in order to be satisfied as to the facts of the specific matter(s) causing concern;

(c) the employee must be advised of any corrective action required to amend their conduct and given a reasonable opportunity to do so;

(d) the process and any disciplinary action are to be recorded, sighted and signed by the employee, and placed on their personal file; and

(e) the provisions in Part 8 explain the processes available under the Employment Relations Act 2000 to an employee who is aggrieved by any action of their employer taken under these provisions.

7.12    Suspension

(a) If the alleged conduct is deemed sufficiently serious an employee may be either suspended with or without pay or transferred temporarily to other duties.

(b) The employer shall not, unless there are exceptional circumstances, suspend the employee without first allowing the employee a reasonable opportunity to make submissions to the employer about the alleged misconduct and the appropriateness of the suspension in all of the circumstances.  The employer shall take into account any submissions made by the employee before determining the matter of suspension.

(c) The employer shall use its best endeavours to ensure that the period of suspension is kept to the minimum possible time consistent with ensuring that the allegations of misconduct are properly investigated and that the employee is treated fairly at all times.

(d) If the allegation that led to the suspension is without substance the employee shall be reinstated effective from the date of suspension.

7.13    Instant Dismissal

Nothing in 7.11 and 7.12 prevents instant dismissal without notice in the case of serious misconduct.

7.14    Abandonment of Employment

Where an employee is absent from work for a continuous period exceeding three days, without the consent of the employer and without good cause or without notification to the employer, they shall be deemed to have terminated their employment.