Part 8: Complaints/Discipline/Competency

8.1 General

The following principles shall be used in addressing complaints, discipline and competence to ensure that such matters can in the interests of all parties be fully and fairly addressed.  Many complaints will be able to be resolved by discussion between the employer and the principal 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 or discipline should be handled in a manner which as far as possible protects the mana and dignity of the principal concerned.  Principals may seek whanau, family, professional and/or NZEI support in relation to such matters.

8.2 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 ki a waiho tärewa ake ngä tikanga Mäori ki a huri ke ia ki ëtahi (te katoa ränei) o ngä whakaritenga, arä 8.3, 8.4, 8.5 me 8.6 e whai ake nei.  Engari, mehemea ka huri kë atu i ngä tikanga Mäori, ehara tërä i te tino raruraru ki a oti hë rawa ngä whakaritenga katoa.  Ina hoki ka tahuri mai tëtahi taha ki ënei ki 8.3, 8.4, 8.5 me 8.6 i raro nei, me tuhituhi hei whakamärama ki tërä atu taha.

8.2 Discussions in a Mäori Context

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

(b) A Mäori 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 principal 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 principal’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 principal deciding at any time that any or all of the procedures in clauses 8.3, 8.4, 8.5 and 8.6 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 clauses 8.3, 8.4, 8.5, and 8.6 will be notified in writing to the other party.

8.3 Discipline

(a) The principal must be advised of the right to request representation at any stage.

(b) The principal 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 principal must be advised of any corrective action required to amend her/his 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 principal, and placed on her/his personal file.

8.4 Suspension

(a) If the alleged conduct is deemed sufficiently serious a principal 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 principal without first allowing the principal a reasonable opportunity to make submissions to the employer about the alleged misconduct and the appropriateness of suspension in all of the circumstances.  The employer shall take into account any submissions made by the principal 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 principal is treated fairly at all times.

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

8.5 Instant Dismissal

Nothing in sections 8.3 or 8.4 prevents instant dismissal without notice in the case of serious misconduct.

8.6 Competency

8.6.1 Where there are matters of competency which are causing concern in respect of a principal (for example failing to meet the appropriate professional standards), the Board shall:

(a) Put in place appropriate assistance and personal guidance to assist the principal and;

(b) Follow the process outlined in clause 8.6.2 below, and for that purpose may seek such appropriate professional advice as may be required.

8.6.2 When this assistance and guidance has not remedied the situation, the following provisions should govern the action to be taken:

(a) The principal must be advised in writing of the specific matter(s) causing concern and of the corrective action required, and the timeframe allowed.  This timeframe should be determined by the Board and be relevant to the matters causing concern;

(b) The process and results of any evaluation are to be recorded in writing, sighted and signed by the principal;

(c) A copy of any report made to the employer or to the New Zealand Teacher Council shall be given to the principal;

(d) No action shall be taken on a report until the principal has had a reasonable time to comment (in writing or orally or both); if the above steps (a-d) fail to resolve the matter of concern, the employer may, where justified, dismiss the principal without the need to follow the provisions of 8.3 above.

8.7 Employment Relationship Problem Resolution

The employment relationship problem resolution provisions in Appendix 3 of this Agreement are available to a principal who is aggrieved by any action of their employer taken under these provisions.