Part Three: Terms of Employment

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 Mäori people; and

(b) The employment requirements of Mäori people; and

(c) The need for greater involvement of Mäori 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.

Good Employer Guidelines in Respect of Mäori

In the memorandum to the 1996 Secondary Teachers’ Collective Employment Contract the New Zealand School Trustees’ Association and the New Zealand Post Primary Teachers’ Association agreed to develop guidelines to assist boards to meet their good employer obligations in respect of Mäori as set out in the State Sector Act. The parties are pleased to report that these guidelines have since been developed and are available in booklet form. The New Zealand School Trustees’ Association and the New Zealand Post Primary Teachers’ Association 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 Mäori teachers and their obligations to recognise the aims and aspirations of Mäori

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 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.

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

(c) 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.

(d) 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.

(e) 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.

(f) 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 employee agree that the employee’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 an employee 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 employee 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.

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.

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

3.3.2 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. Questions of competence should be handled in a manner which seeks to protect the mana and dignity of the teacher concerned. The teacher shall be advised of her/his right to seek whanau, family, professional and/or Association support in relation to matters of competence and to be represented at any stage. An appropriate assistance and personal guidance programme to assist that employee shall be put in place. 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.

3.3.3 A copy of any report to the New Zealand Teachers Council (or its successor) arising under clause 3.3.2 shall be made available to the teacher.

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 whanau, 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 employee 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.

3.5 Resolving Conflict in a Mäori Context

3.5.1 Ngä Körero me ngä Tikanga

(a) Me tuku reta atu ki te kaimahi hei whakamärama atu i ngä 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 nga tikanga Mäori.

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

(i) He huihuinga kei te marae;

(ii) He whakawhiti körero kanohi ki te kanohi;

(iii) Ka hui mai te whänau hei tuarä mö te katoa; ä

(iv) Ka hui mai ngä kaumätua kuia hei arahi hei tohutohu i 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 whakaetanga nei ki te könae o te kaimahi.

(d) He mämänoa iho ënei whakawhiringa mehemea hiahia ana tëtahi taha kia waiho tärewa ake ngä tikanga Mäori kia huri ke ia ki ëthai (te katoa ränei) o nga whakaritenga, arä 3.3 me 3.4 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 kia tahuri mai tëtahi taha ki ënei ki 3.3 me 3.4 i raro nei, me tuhituhi hei whakamärama ki tërä atu taha.

Discussions in a Mäori Context

(a) The employee 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 Mäori context and manner.

(b) A Mäori 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 whanau support for all involved; and

(iv) Guidance and advice is often provided by kaumätua 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 parts 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 clauses 3.3, and/or 3.4 will be notified in writing to the other party.

3.6 Nga Manu Korero

3.6.1 Nga whakataetate mo nga 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 Kura Tuarua

3.6A.1 Ngä whakataetae mo ngä kapa haka kura tuarua. There is a national biennial entitlement of 100 teacher relief days to organise and coordinate the national biennial contest.

3.7 Te Atäkura Time Allowance

3.7.1 Te Atäkura graduates trained in 1987, 1988, 1989, 1990, 1991 and 1992.

(a) Each first year teacher shall be allocated the usual 0.2 FTTE time allowance as a beginning teacher for advice and guidance purposes of a beginning teacher; and a time allowance of up to 0.3 FTTE as a special allowance for teachers trained under Te Atäkura scheme for the use of their special skills in the areas of Taha Mäori, of support for Mäori students and for liaison between the school and the Mäori community; and at least 0.5 FTTE from the school’s normal staffing entitlement.

(b) Each teacher in their second and subsequent years shall be allocated a time allowance of up to 0.5 FTTE as a special allowance for teachers trained under Te Atäkura scheme for the use of their special skills in the areas of Taha Mäori, of support for Mäori students and for liaison between the school and the Mäori community; and at least 0.5 FTTE from the school’s normal staffing entitlement.

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

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 eight 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 in addition to those provided under 5.2.

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 beginning teacher granted the year-one beginning teacher allowance as in clause 3.8.1.

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 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.

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 (Supplement 1 of this agreement), 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.

Note 1: The parties will produce 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: The parties, in consultation with NZ School Trustees Association, will consider the findings of the evaluation of the 2006 Specialist Classroom Teacher pilot and this will inform the Specialist Classroom Teacher role going forward.

3.8C Overseas Teacher Time Allowance

3.8C.1 From 28 January 2008 Boards that employ an overseas trained teacher, are entitled to receive an Overseas Teacher Time Allowance of an additional 0.1 FTTE provided that the teacher meets the criteria outlined in 3.8C.2. The allowance is available for a maximum of two terms.

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 10 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.

3.9 Surplus staffing and merger provisions

3.9.1 (a) Where, by reason of a reorganisation of, or a change in the attendance at, or the sale or transfer of, a school or centre; or by reason of the closure, or change of class of a school or centre an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix H. These provisions apply only to an employee appointed as a permanent secondary teacher or a permanent manual training teacher in an approved manual training establishment.

(b) Where, by reason of merger of a school (including, where applicable, a centre) an employer is required to reconfirm or reassign teaching positions, or to alter the status of positions to which units are allocated, or to reduce the number of teaching positions, the position(s) to be reconfirmed, reassigned, altered in status or disestablished shall be determined in accordance with the provisions set out in this part and in Appendix G. These provisions apply only to permanently appointed employees.

3.9.2 Notice Period

Positions identified as surplus in the procedures set out in Appendix H and Appendix G will be effectively disestablished at the start of the next school year. In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:

(a) Where an employee’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 employee concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that employee has, in the meantime, resigned or been appointed to another permanent position. Where there is more than one suitable employee the provisions of clause 1.5 of Appendix H will operate.

(b) Where, as a consequence of the closure of a school through a school reorganisation process under clause 3.9.1. 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 3.9.3 and 3.9.4 applies where the employee does not secure a position in the replacement school.

(c) Where, in the case of the merger or change of class of a school as a consequence of the operation of clause 3.9.1, an employee applies for a permanent teaching position of equal or lower status for which s/he is suitable at the merged of reclassified school, then the provisions of clause 1.5, 1.6, 1.7 and 1.8 of Appendix G shall apply. The entitlement to the options set out in clause 3.9.3 and 3.9.4 applies where the employee does not secure a position in the new school.

(d) Prior to the effective date of disestablishment of a position the employer will support the employee’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;

(e) Where an employee holds a position which is about to be disestablished and, before the effective date of disestablishment, the employee 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 employee is suitable from another board, the employee’s employment may be terminated from the effective date of disestablishment and no further compensation paid;

(f) Where an employee 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 employee shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised for one transfer only.

3.9.3 Voluntary Options

Any employee (including an employee holding a job sharing position) whose position as a permanently appointed secondary or manual training teacher is disestablished in accordance with Appendix G or Appendix H as a result of voluntary election or otherwise, has the following

options available where applicable as provided for in Appendix G or Appendix H and clause 3.9.4 of this part. The options will become available at the date of disestablishment. The employee must advise the employer before the date of disestablishment which option s/he has selected. If no selection is made by this date the employee will be deemed to have supernumerary status. The options are:

(a) Supernumerary employment;

(b) Retraining;

(c) Severance payment; (this option does not apply where the employee volunteers to be considered for disestablishment as set out in Appendix H); and

(d) Long service payment.

3.9.4 The options set out in clause 3.9.3 shall have the meaning set out in this clause and apply in the following manner. The term ‘school weeks’ used in clause 3.9.4(1) and 3.9.4(2) below means 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. An employee 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 3.9.3 before the date of disestablishment, shall be entitled to supernumerary employment in accordance with the following provisions:

(a) (i) The employee will continue to be employed at her/his 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) In the case of school mergers the employee may elect to be employed at her/his 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 1.4.1(a) and 1.4.1(b) of Appendix G apply.

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

(b) The employee may elect to take up her/his supernumerary employment at the same school or at any other school at the request of the employee and with the approval of the original employer and the board at the other school;

(c) The employer will encourage the employee 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) If during the supernumerary period the employee applies for a permanent position of equal or lower status for which s/he is suitable at the school or centre where s/he is employed at the time, s/he shall be appointed to, or in the case of a merger reconfirmed or reassigned to, that position;

(e) The employee’s supernumerary employment shall cease upon the employee being appointed to a new teaching position or upon the employee choosing to resign or at the expiration of the applicable number of school weeks specified in 3.9.4(1)(a) from the effective date of the disestablishment of the position, whichever is the earlier;

(f) 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 employee takes up her/his 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 employee is entitled to the options set out in clause 3.9.3;

(g) Where a supernumerary teacher is appointed to a new permanent teaching position and a transfer of location is involved, that employee 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) Where a supernumerary teacher declines an offer of suitable appointment at the same salary from the employer with whom s/he is employed at the time, or applies for and declines an offer of appointment from another board, the employee’s supernumerary status shall cease forthwith;

(i) During any period of supernumerary employment an employee is entitled to any salary increases or increments due.

(2) Retraining

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

(a) The employee will continue to be employed at her/his 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 employee 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) There is no requirement on the employer to meet any costs and expenses of training, including course fees;

(d) The employee 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 employee is undertaking the approved course of study;

(e) Where the approved course of study is for a shorter period than forty (40) school weeks the employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction provided that where the approved course of study is less than the applicable period under 3.9.4 (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 employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction, except in special circumstances approved by the employer;

(g) Where the employee 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 employee shall return to the school as a supernumerary for the remainder of the retraining period.

(3) Severance Payment

Where an employee’s position is disestablished as a result of the application of the provisions in clause 1.3 of Appendix H or in Appendix G, the employee may elect to be paid a severance payment provided that:

(a) The employee 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) Where a school is closed without replacement at the end of a school year the employee 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. An employee 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) 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 employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave;

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

(e) For the purposes of calculating length of service for clause 3.9.4(3) and 3.9.4(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 an employee resigned or took leave to care for her/his children, on the basis of one third credit for each year of such leave up to a maximum of five years’ credit;

(f) Where an employee 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 employee as a severance payment under clause 3(c) above, the employee 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 manual training teacher in an approved manual training establishment;

(g) Any employee 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) Pay for employees shall be defined as:

(i) For full-time employees, "Weekly" pay shall be 7/365 of ordinary pay;

(i) For part-time employees, "Weekly" pay shall mean the employee’s average weekly earnings for the previous six/twelve months (whichever is more favourable to the employee).

(ii) Payment under this provision is conditional upon the employee finishing on an agreed date (usually the first of March). Where the employee 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) Where an employee’s position is disestablished either as the result of voluntary election or otherwise the employee may elect to receive a long service payment. The intention of this payment is to assist the employee to withdraw from the teaching service. This option will be available on the following basis:

(i) The employee 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) Where a school is closed without replacement at the end of a school year the employee 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. An employee 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) 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) Where an employee 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 employee as a long service payment under clause 4(a) above, the employee 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 manual training teacher in an approved manual training establishment.

(e) Any employee 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 employee finishing on an agreed date [usually the first (1st) of March].

3.9.5 Preference in Appointment

(a) Where a position which has permanent units attached has been reduced in status because of the operation of clause 3.9.1 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 employee concerned shall be entitled to be reappointed to the position at the re-established level unless s/he has resigned or been appointed to another permanent position. This subclause is not applicable to the holder of fixed-term unit(s).

(b) Any employee 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 3.9.1, who applies for the position as advertised at its new status shall be appointed to that position unless in the meantime the employee has been appointed to another permanent position provided that where the position has been reduced in status the employee concerned shall continue to be paid at the salary s/he was receiving immediately prior to the reduction for a period of one year from the effective date of the reduction provided that s/he continues to hold that position. This sub-clause is not applicable to holders of fixed-term unit(s).

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

3.10 Return from a Period of Childcare

3.10.1 Any employee 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 employee is suitable at the school from which they resigned shall be appointed to that position.

3.10.2 The employee 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.

3.11 Termination of Appointment

3.11.1 The notice required to be given to a permanently appointed teacher who holds a position which was advertised shall be two months, and for such a teacher who holds such a position the notice to be given to the employer shall be two months except where the teacher and the employer shall agree to a lesser period of notice from the teacher.

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 employee) 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.

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 an employee 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 employee shall have no claim on the medical retirement provision.

Note 3: When an employee 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 employee 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 employee 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 employee is medically retired, they may choose one 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 employee may be medically retired under these provisions.

Note 1: 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.

3.13 Retirement Savings Scheme

3.13.1 Teachers bound by this Collective Agreement shall be entitled to access the Teachers’ Retirement Savings Scheme (TRSS) in accordance with the terms of that scheme. Access to the TRSS is limited to teachers bound by a collective agreement.

3.13.2 The scheme provides for a matching government contribution of up to 3.0% of a teacher’s eligible gross salary (as defined in the scheme).

3.13.3 Those teachers already in receipt of an employer or government contribution to their retirement savings or superannuation scheme, including those teachers belonging to the GSF scheme, are not entitled to receive the government contribution described in 3.13.2.

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

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.