Kaiārahi i te Reo, Therapists', ATSSD, Special Education Assistants' Collective Agreement
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Part 8: Complaints and Discipline
Kaiārahi i te Reo, Therapists', ATSSD, Special Assistants' Collective Agreement
Effective 13 December 2019 to 6 February 2022
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8.1.1 The following principles shall be used in addressing complaints against employees and matters of discipline 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 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 Te Riu Roa support in relation to such matters.
8.2 Ngā Kōrero Me Ngā Tikanga
8.2.1 Me tuku reta atu ki te kaimahi hei whakama rama atu i nga raruraru kua puta noa. Mehemea he pai ki te kaimahi raua tahi ko tona tumuaki, e ahei ana ki te whakahaere tonutia nga whakaritenga i raro i nga tikanga Maori.
8.2.2 Anei ra ētahi momo tikanga hei kowhiringa ma ratou:
- he huihuinga kei te marae;
- he whakawhiti kōrero kanohi ki te kanohi;
- ka hui mai te whanau hei tuara mo te katoa; a
- ka hui mai nga kaumatua kuia hei arahi hei tohutohu i a ratou katoa.
8.2.3 Mena ka whakaaetia te kaimahi raua ko tona tumuaki o raua kaihautū ranei, kia oti pai ai te kaupapa, ma raua ma nga kaihautū ranei e hainatia nga whakaaetanga i tuhia. Makaia atu tētahi kape o nga whakaetanga nei ki te konae o te kaimahi.
8.2.4 He mama noa iho enei whakawhiringa mehemea hiahia ana tētahi taha kia waiho tarewa ake nga tikanga Maori kia huri ke ia ki ētahi (te katoa ranei) o nga whakaritenga, ara 8.3, 8.4 me 8.5 whai ake nei. Engari, mehemea ka huri ke atu i nga tikanga Maori, ehara tera i te tino raruraru kia oti he rawa nga whakaritenga katoa. Ina hoki ka tahuri mai tētahi taha ki enei ki 8.3, 8.4 me 8.5 i raro nei, me tuhituhi hei whakamarama ki tera atu taha.
8.2 Discussions in a Maori context
8.2.1 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 Maori context and manner.
8.2.2 A Maori context and manner relates to the following:
- meetings can be held on marae;
- there is face to face engagement;
- there can be whānau support for all involved; and
- guidance and advice is often provided by kaumātua and kuia for all involved.
8.2.3 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.
8.2.4 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 clauses 8.3, 8.4 and/or 8.5 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 and/or 8.5 will be notified in writing to the other party.
8.3 Discipline and Dismissal
8.3.1 The following principles are to be followed when dealing with disciplinary matters:
- The employee must be advised of the right to request representation at any stage.
- 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.
- The employee must be advised of any corrective action required to amend their conduct and given a reasonable opportunity to do so.
- If the offence is sufficiently serious an employee is to be placed on suspension with or without pay pending further inquiry under clause 8.3.1(b) above.
- The process and any disciplinary action are to be recorded, sighted and signed by the employee, and placed on their personal file.
- The provisions in Part 12 explain the processes available under the Employment Relations Act 2000 to any employee aggrieved by any action of their employer taken under these provisions.
8.4.1 If the alleged conduct is deemed sufficiently serious an employee may be either suspended with or without pay or transferred temporarily to other duties.
8.4.2 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.
8.4.3 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.
8.4.4 If the allegation that led to the suspension is without substance the employee shall be reinstated effective from the date of suspension.
8.5 Instant Dismissal
8.5.1 Nothing in Part 8 prevents instant dismissal without notice in the case of serious misconduct.