Area School Principals' Collective Agreement
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Part 10: Employment Relationship Problem Resolution Provisions
Area School Principals' Collective Agreement
Effective: 3 July 2023 to 2 July 2025
Personal grievances and disputes shall be addressed in accordance with the provisions of Part 9 of the Employment Relations Act 2000(external link).
10.1 Employment Relationship Problem Resolution Services
The following is a plain language explanation of the employment relationship problem resolution services.
What is an employment relationship problem?
It is a problem between employee and employer. For example, it might be a personal grievance or a dispute about a provision in an employment agreement.
Resolving an employment relationship problem
The employee and employer should first make a reasonable effort to discuss the problem and settle it by mutual agreement. (If it’s a personal grievance, it must first be raised with the employer within 90 days, except for a personal grievance of sexual harassment which must be raised within 12 months - Personal Grievances are explained further below).
An employee (or employer) has the right to be represented at any stage.
When a problem arises, union members should contact their local NZEI or NZPPTA field officer for advice and representation.
Employers should contact their local NZSTA adviser or other representative of choice.
A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising, except for a personal grievance of sexual harassment which must be raised within 12 months from the date an instance occurs or comes to the employee's attention.
An employee may have a personal grievance where:
- the employee has been unjustifiably dismissed; or
- the employee’s employment, or 1 or more conditions of the employee’s employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee’s disadvantage by some unjustifiable action by the employer; or
- the employee has been discriminated against in the employee’s employment; or
- the employee has been sexually harassed in the employee’s employment; or
- (da) that the employee has been treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence; or
- the employee has been racially harassed in the employee’s employment; or
- the employee has been subject to duress in the employee’s employment in relation to membership or non-membership of a union or employees organisation; or
- the employee’s employer has failed to comply with a requirement of Part 6A; or
- the employee has been disadvantaged by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H; or
- the employee’s employer has contravened section 67F or 67G(3); or
- the employee’s employer has, in relation to the employee,—
- engaged in adverse conduct for a prohibited health and safety reason; or
- contravened section 92 of the Health and Safety at Work Act 2015 (which prohibits coercion or inducement); or
- the employer has retaliated, or threatened to retaliate, against the employee in breach of section 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (because the employee intends to make or has made a protected disclosure).
Note: The full meaning of the terms personal grievance, discrimination, sexual harassment, racial harassment, and duress, shall be the meaning given by sections 103 to 110 inclusive of the Employment Relations Act 2000(external link).
As with other employment relationship problems, the parties should always try to resolve a personal grievance through discussion.
Either party can refer a personal grievance to the Employment Relations Service of the Ministry of Business, Innovation and Employment (MBIE) for mediation assistance, or to the Employment Relations Authority.
If the problem relates to a type of discrimination that can be the subject of a complaint to the Human Rights Commission under the Human Rights Act 1993, the person can either take a personal grievance, or complain to the Human Rights Commission, but not both. If in doubt, advice should be sought before deciding.
To help resolve employment relationship problems, the Ministry of Business, Innovation and Employment provides:
An information service
This is free. It is available by contacting MBIE or by phoning toll free 0800 209020. Visit the Ministry's Employment NZ’s website Resolving problems(external link). You can contact them on the Employment NZ Website here(external link).
The Mediation Service is a free and independent service available through MBIE. This service helps to resolve employment relationship problems and generally to promote the smooth conduct of employment relationships.
Mediation is a mutual problem solving process, with the aim of reaching an agreement, assisted by an independent third party.
If the parties can’t reach a settlement they can ask the mediator, in writing, to make a final and binding decision.
A settlement reached through mediation and signed by the mediator at the request of the parties is final, binding and enforceable. Neither party can then take the matter any further and, either party can be made to comply with the agreed settlement by court order.
If the problem is unresolved through mediation either party may apply to have the matter dealt with by the Employment Relations Authority.
The Employment Relations Authority
This Authority is an investigative body that operates in an informal way. It looks into the facts and makes a decision on the merits of the case and not on the legal technicalities.
Either an employer or an employee can refer an unresolved employment relationship problem to the Authority by filing the appropriate forms.
The Authority may call evidence, hold investigative meetings, or interview anyone involved. It can direct the parties to try mediation. If mediation is unsuitable or has not resolved the problem, the Authority will make a decision that is binding on all parties. Any party can contest the Authority’s decision through the Employment Court.
Note 1: All employment relationship problems, including personal grievances and any dispute about the interpretation or application of this agreement, must be resolved under Parts 9 and 10 of the Employment Relations Act 2000(external link).
Note 2: In relation to a dispute about the interpretation, application, or operation of this Agreement the employer shall act, if the Secretary acting under delegation from the Public Service Commissioner so requires, together with or in consultation with the Secretary.
10.2 Personal Grievance
Provisions relating to personal grievances are contained in Part 9 of the Employment Relations Act 2000 and can be accessed through the following link: http://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60316.html(external link)