Primary Teachers' Collective Agreement
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Part 10: Complaints/Discipline/Competency
Primary Teachers' Collective Agreement
Effective: 1 July 2019 to 30 June 2022
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The following principles shall be used in addressing complaints against employees and matters of discipline and competence 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. This does not negate any statutory obligation to inform the Teaching Council if applicable. Boards should, wherever appropriate, seek to resolve complaints in this manner in the first instance. Questions of competence, 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.
10.2 Ngā Kōrero me ngā Tikanga
- Me tuku reta atu ki te kaimahi hei whakamārama atu i ngā raruraru kua puta noa. Mehemea he pai ki te kaimahi rāua tahi ko tona tumuaki, e āhei ana ki te whakahaere tonutia ngā whakaritenga i raro i ngā tikanga Māori.
- Anei ra ētahi momo tikanga hei kōwhiringa mā rātou:
- He huihuinga kei te marae;
- He whakawhiti kōrero kanohi ki te kanohi;
- Ka hui mai te whānau hei tuarā mō te katoa; ā
- Ka hui mai ngā kaumātua kuia hei arahi hei tohutohu i ā rātou katoa.
- Mēnā ka whakaaetia te kaimahi rāua ko tōna tumuaki ō rāua kaihautū rānei, kia oti pai ai te kaupapa, mā rāua mā ngā kaihautū rānei e hainatia ngā whakaaetanga i tūhia. Makaia atu tētahi kape o ngā whakaetanga nei ki te kōnae o te kaimahi.
- He māmā noa iho ēnei whakawhiringa mehemea hiahia ana tētahi taha kia waiho tārewa ake ngā tikanga Māori kia huri ke ia ki ētahi (te katoa rānei) o ngā whakaritenga, arā 10.3, 10.4, 10.5, 10.6me 10.7 e whai ake nei. Engari, mehemea ka huri kē atu i ngā tikanga Māori, ehara tērā i te tino raruraru kia oti hē rawa ngā whakaritenga katoa. Ina hoki ka tahuri mai tētahi taha ki ēnei ki 10.3, 10.4, 10.5, 10.6 me 10.7 i raro nei, me tuhituhi hei whakamārama ki tērā atu taha.
10.3 Discussions in a Māori Context
- 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 Māori context and manner.
- A Māori 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.
- 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.
- 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 10.3, 10.4, 10.5, 10.6 and/or 10.7 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 10.3, 10.4, 10.5, 10.6 and/or 10.7 will be notified in writing to the other party.
- 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.
- The process and any disciplinary action are to be recorded, sighted and signed by the employee, and placed on their personal file.
- If the alleged conduct is deemed sufficiently serious an employee may be either suspended with or without pay or transferred temporarily to other duties.
- 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 suspension in all of the circumstances. The employer shall take into account any submissions made by the employee before determining the matter of suspension.
- 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.
- If the allegation that led to suspension is without substance the employee shall be reinstated effective from the date of suspension.
10.6 Instant Dismissal
Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.
10.7.1 Where there are matters of competency which are causing concern in respect of any employee (for example failing to meet the beginning, fully certificated, or Assistant and Deputy Principal professional standards, as appropriate), the principal shall put in place appropriate assistance and personal guidance to assist that employee.
10.7.2 When this assistance and guidance has not remedied the situation, the following provisions should govern the action to be taken:
- The employee 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 principal and be relevant to the matters causing concern;
- The process and results of any evaluation are to be recorded in writing, sighted and signed by the employee;
- A copy of any report made by the principal to the employer or to the Teaching Council shall be given to the employee;
- No action shall be taken on a report until the employee 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 employee immediately by providing two calendar months salary in lieu of notice without the need to follow the provisions of 10.4, 10.5 or 10.6 above.
10.8 Personal Grievance
The personal grievance provisions in Part 11 of this Agreement are available to an employee who is aggrieved by any action of their employer taken under these provisions.