New Zealand School Trustees Association
Memorandum to Boards: 2011/6a
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School:
Chair:
(Where no email is indicated then the memo is sent via principal/school)
Principal:
(Please advise any changes to above addresses)
Date: 1 April 2011
Purpose: To provide for advice on detail on implementing changes. In 2010/15 and 2011/2 we outline some changes to the Holidays Act and Employment Relations Act. Most changes for both Acts come into effect on 1 April 2011. This memo will deal with trials and further ones will follow on the ability of cashing up annual leave and other changes to the Holidays Act.
Employment Relations Act: Extending ability to use trial periods to all employers:
This has been extended to all employers where an employment agreement may contain provision for trial period for 90 days or less. This would require a written provision in an employment agreement that states, or is to the effect, that —
– (a) for a specified period (not exceeding 90 days), starting at the beginning of the employee's employment, the employee is to serve a trial period; and
– (b) during that period the employer may dismiss the employee; and
– (c) if the employer does so, the employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal.
The conditions of employment of employees in the Education service (other than employees at any tertiary education institution) who are not bound by any collective agreement shall be determined in each case by agreement between the employer and the individual employee, but the employer shall obtain the written concurrence of the Commissioner to the conditions of employment with that individual employee.
For “Commissioner” read Secretary for Education
Impact on Boards: It is likely there will be limited application of the use of trial periods in the sector. This is from both a practical and contractual basis. It really is a matter of how the current collective agreements are set out and where they may either inhibit or make complex how this may be applied eg transfer provisions or link with fixed term arrangements. Also if the prospective employee has previously been employed by the employer (even on a relieving basis), they cannot enter into a trial period.
A process will likely be:
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Board makes offer of employment
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Offer based on relevant collective agreements (based on 30 day rule)
+ agreement that is will be a trial period of up to 90 days
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Employer and prospective employee agree
in writing that it will be for a trial period
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Concurrence sought from the Ministry of Education
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Concurrence given
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Employment commences
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Before end of trial period decision made by
employer whether to give notice
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No notice – person on trial becomes a permanent employee
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We are happy to discuss individual circumstances where such a proposal is being considered by a board as we work through the complexities. Please discuss with your NZSTA adviser.