Executive Principal Employment Agreement
[EMPLOYER]
[EMPLOYEE]
7653071_1
Table of Contents
Parties
1Background
2Appointment
3Representations
4Duties/Key result areas
5Hours of work
6Limits on authority
7Remuneration
8Residential accommodation
9Performance reviews
10Reimbursement of expenses
11Relocation costs
12Annual leave
13Sick and bereavement leave
14Public holidays
15Study leave
16Parental leave
17Jury service
18Motor vehicle
19Health and safety
20Conflict of interest
21Confidential information
22Intellectual property
23Deductions
24Suspension
25Termination
26Termination on medical grounds
27No fault termination
28Employee protection provision
29Redundancy
30Abandonment
31Personal information
32Employment relationship problems
33Variation
34Indemnity
35Waiver
36Acknowledgment
Signatures
Schedule 1
Schedule 2
Schedule 3
Schedule 4
R4620001
7653071_1 1
Parties
[Employer]
(“the College”)
“[Employee’s Name]”
(“the ExecutivePrincipal”)
1Background
1.1Subject to clause 3.1, this Agreement and the documents specified later in this clause constitute the entire agreement between the College and the Executive Principal and supersede all previous representations, negotiations, commitments and communications, whether written or oral, between the parties. The said documents are:
1.1.1The position description as may be altered from time to time; and
1.1.2To the extent that they are applicable to the employment, any rules, policies and procedures and any variations thereto that the College may have or put in place from time to time.
2Appointment
2.1The Executive Principal is employed in the position of Executive Principal.
2.2The Executive Principal’s place of work will be at [insert] but the Executive Principal will undertake such travel requirements (domestic and international) as may be necessary to properly perform his/her duties and responsibilities under this Agreement. The College shall provide the Executive Principal with business class airfares for College business related overseas travel where the flight time exceeds four hours.
3Representations
3.1The Executive Principal warrants that all representations made by him/her as to qualifications, skills and experience are true and complete and he/she has not failed to disclose to the College any matter which might have materially influenced the College’s decision whether or not to employ him/her.
4Duties/Key result areas
4.1The Executive Principal shall be responsible for diligently undertaking the duties and responsibilities outlined in the position description in Schedule 2. This will include all incidental matters as are reasonably necessary for the proper performance of the responsibilities and duties of the position.
4.2During the continuance of the employment the Executive Principal shall:
4.2.1Diligently and faithfully serve the College and use his best endeavours to promote and protect the interests of the College;
4.2.2Maintain a professional standard of conduct, dress and performance in all matters relating to the services and operations of the College;
4.2.3Act at all times in a manner which will protect and enhance the reputation of the College;
4.2.4At all times comply with all lawful and reasonable policies, rules and regulations from time to time set down by the College for the conduct of its employees;
4.2.5Take all reasonable care with College property;
4.2.6Where appropriate entertain clients and other persons who have dealings with the College, and other staff; and
4.2.7Keep up to date with trends and other news affecting the College.
5Hours of work
5.1The Executive Principal shall work such hours as are necessary to properly and effectively perform the duties and responsibilities of the position.
6Limits on authority
6.1The Executive Principal shall be subject to such limits on his/her authority as may be imposed by the College’s Board of Governors from time to time.
7Remuneration
7.1The Executive Principal’s remuneration package is set out in Schedule 1.
7.2Subject to clause 14.2, the base salary and other benefits provided to the Executive Principal under this Agreement are accepted by the Executive Principal as full compensation for all time worked and duties performed under this Agreement.
7.3The remuneration paid under this Agreement will be reviewed by the Board annually. There shall be no expectation of an increase in remuneration following any such review.
7.4The benefits provided to the Executive Principal under this Agreement shall be adjusted in accordance with the percentage annual increase recorded in the Consumer Price Index.
8Residential accommodation
8.1The College shall provide the Executive Principal with residential accommodation as outlined in Schedule 1.
8.2The College shall be responsible for all normal repairs and maintenance to such residence.
8.3The College will pay the reasonable electricity expenses in respect at such residence up to the maximum amount outlined in Schedule 1.
9Performance reviews
9.1The Board will carry out a performance review of the Executive Principal each year.
9.2The matters to be taken into account on such a review under clause 9.1include the Executive Principal performance generally and against the performance criteria set out in the annual performance agreement.
9.3An at risk component of up to twenty per cent of the Executive Principal’s base salary may be payable on the Executive Principal reaching, in the opinion of the Board, the performance criteria established in the annual performance agreement.
10Reimbursement of expenses
10.1The College will reimburse all actual and reasonable employment-related expenses properly incurred by the Executive Principal in discharging his duties and responsibilities. The College will require such expenses to be supported by receipts or other appropriate documentation which are to be provided to the Board on a monthly basis for authorisation.
11Relocation costs
11.1The College will reimburse or pay (as agreed in advance between the College and the Executive Principal) the Executive Principal’s reasonable costs associated with moving his/her household effects from his/her current residence to the residential accommodation provided by the College, upon taking up the position of Executive Principal.
12Annual leave
12.1The Executive Principal shall be entitled to six weeks annual leave during each twelve month period of continuous employment in addition to statutory holidays. Such leave shall be taken during school holidays and at a time that will not unreasonably impinge upon the proper performance of the Executive Principal’s responsibilities and duties under this Agreement.
12.2Leave under subclause 12.1 of this Agreement shall be taken in the leave year in which it falls due and shall not, unless there are exceptional circumstances, be carried forward to the next leave year. The Executive Principal shall forfeit that part of the leave entitlement which has not been taken in the leave year in which it fell due unless the Board determines that there are circumstances that prevented the Executive Principal from taking all leave during the leave year.
12.3Without limiting the entitlement of the Executive Principal under subclause 12.1 of this Agreement the parties may from time to time make such arrangements regarding the attendance of the Executive Principal at the College during any period or periods when the College is closed, as the parties consider appropriate.
13Sick and bereavement leave
13.1The Executive Principal is entitled to ten days’ sick leave per year to be taken in accordance with the provisions of the Holidays Act 2003. Sick leave may be accumulated to a maximum of twenty days.
13.2The Executive Principal is entitled to bereavement leave in accordance with the provisions of the Holidays Act 2003.
13.3The Executive Principal shall notify the College of any absence due to sick or bereavement leave at the earliest opportunity and in any event prior to the Executive Principal’s usual starting time.
13.4The Executive Principal may be required by the College to provide a medical certificate to support a claim for sick leave. The College’s request for a medical certificate will be made in accordance with the provisions of the Holidays Act 2003.
13.5The College may require the Executive Principal to produce proof of any bereavement where he seeks to take bereavement leave.
14Public holidays
14.1The Executive Principal shall be entitled in each year of his employment to the public holidays outlined in the Holidays Act 2003 on pay. Such public holidays are Christmas Day, Boxing Day, New Year’s Day, 2 January, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s Birthday, Waitangi Day and the appropriate provincial anniversary.
14.2The Executive Principal agrees to work on a public holiday if required by the College, but in that event the College shall pay the Executive Principal that portion of the Executive Principal’s relevant daily pay or average daily pay that relates to the time actually worked plus half that time again (time and a half) and the College shall grant that Executive Principal an alternative day’s holiday on pay, provided that the said public holiday was a day which would ordinarily be a working day for the Executive Principal.
14.3In accordance with the Holidays Act 2003 the College and Executive Principal may agree that a public holiday (in whole or in part) may be transferred to another calendar day.
15Study leave
15.1During each five year period of continuous service, the College will provide the Executive Principal with one term’s study leave on full salary, an agreed contribution toward the Executive Principal’s daily expenses and the value of one return airfare for an approved study programme. The timing of study leave must be agreed between the Executive Principal and the College.
15.2Study leave under subclause 15.1 is conditional upon the Executive Principal giving an undertaking in writing that he/she will return to his/her position at the College at the conclusion of the leave period. In the event of the Executive Principal resigning during the study leave, or within nine months of his/her return from study leave, he/she will repay such part of his/her extended study leave grant as the Board may determine.
16Parental leave
16.1The provisions of the Parental Leave & Employment Protection Act 1987 shall apply.
17Jury service
17.1Leave for jury service may be taken either:
17.1.1As part of the Executive Principal’s annual leave entitlement, in which case the Executive Principal may retain the juror’s fee; or
17.1.2On full pay, in which case the College shall be entitled to receive payment of the juror’s fee from the Executive Principal.
18Motor vehicle
18.1The College shall provide the Executive Principal with a motor vehicle.
18.2The vehicle will be provided on the following conditions:
18.2.1The College will meet all insurance, registration, petrol, oil, routine maintenance and other business-related expenses reasonably and properly incurred by the Executive Principal;
18.2.2The vehicle is to be fully maintained and kept in a clean and tidy condition by the Executive Principal at all times;
18.2.3The Executive Principal will at all times take reasonable care of the vehicle, shall use it properly and responsibly and shall comply with the provisions of the insurance policy relating to the vehicle;
18.2.4On-going use of the vehicle is subject to the Executive Principal holding and continuing to hold a current endorsed drivers licence;
18.2.5The Executive Principal will be responsible for the payment of any traffic or parking fines incurred;
18.2.6The College will replace the car four years from the date on which it is first provided, or when it has travelled 100,000 kilometres, whichever event sooner occurs;
18.2.7Immediately on termination of employment for whatsoever reason the vehicle will be returned in good condition to the College;
18.2.8Any damage or accident (whether minor or serious) must be immediately reported to the College. When an accident occurs involving another person’s property, the Executive Principal is required to obtain all relevant information from that person; and
18.2.9Accidents involving the carelessness of the Executive Principal may result in him/her being liable to pay the insurance excess.
19Health and safety
19.1The Executive Principal shall at all times comply with all requirements in respect of occupational health and safety and meet his/her legislative obligations.
19.2The Executive Principal agrees to:
19.2.1Become fully familiar with and comply with all of the College’s rules, policies and procedures covering health and safety and ensure he/she has a sound understanding of the hazards and risks that have a significant impact on the College;
19.2.2Implement the College’s health and safety plans and systems;
19.2.3Demonstrate visible leadership in relation to health and safety;
19.2.4Provide reports on health and safety to the Board;
19.2.5Organise regular audits and reviews of the College’s health and safety plans and systems;
19.2.6Take remedial action as required arising from any audits or reviews or instruction by the Board.
20Conflict of interest
20.1The Executive Principal shall not, during the term of this Agreement, set him/herself in private business or undertake other employment using knowledge and materials gained in employment with the College. The Executive Principal shall not undertake other employment without the consent of the College.
20.2The Executive Principal further agrees not to become involved in any situation, which might create or appear to create a conflict of interest, and agrees that during his/her employment he/she shall report immediately any circumstances or situations arising that might involve the Executive Principal or appear to involve the Executive Principal in a conflict of interest.
21Confidential information
21.1For the purposes of this clause, “confidential information” means any knowledge or information the Executive Principal may acquire or may have already acquired during the course of the Executive Principal’s employment by the College concerning the business, operations, affairs, property, pupils, parents, customers, clients, staff or suppliers of the College and shall include, but shall not be restricted to, programmes, student contact information, staff personal details, suppliers and supplier contact information, procedural details, financial information, student lists, client lists, computer discs and information stored on such discs, payment arrangements, prices, rates, financial information, marketing strategies and initiatives, and all methodologies. The provisions of this clause shall cease to apply to information which enters the public domain other than that directly or indirectly entered through the failure of the Executive Principal to observe its terms.
21.2The Executive Principal shall during the continuance of employment and after its termination (howsoever occasioned):
21.2.1Not disclose any confidential information to any person other than a person authorised by the College to receive it;
21.2.2Use his/her best endeavours to prevent the disclosure or publication of any confidential information;
21.2.3Not use any confidential information to his/her own benefit as distinct from the benefit of the College;
21.2.4Not use or attempt to use any confidential information in any manner which may injure or cause loss whether directly or indirectly to the College; and
21.2.5Not turn his/her personal knowledge or influence over any pupils, parents, employees, clients, suppliers, customers or contractors of the College to his/her own direct or indirect benefit.
21.3Upon termination of this Agreement the Executive Principal shall immediately deliver up to the College any confidential information (whether in hard copy or electronic form) concerning the College.
22Intellectual property
22.1The parties recognise that the Executive Principal may from time to time during school hours or outside school hours produce copyright material such as plays, artwork and software, which is intended for use within the College. In such cases the Executive Principal should discuss relevant issues with the Board. The copyright in any material of that kind belongs to the College unless mutually agreed otherwise in writing prior to the production of such material.
22.2The provisions of subclause 22.1 of this Agreement do not apply to copyright material produced solely outside school hours for use unrelated to the College. If any material produced in this way is subsequently used within the College then such use shall first be authorised by the Board and Agreement reached regarding any cost.
23Deductions
Should the Executive Principal be indebted to the College for salary forfeited due to the lack of notice (or for any other reason), the Executive Principal agrees that any sum owing may be deducted from the Executive Principal’s salary and/or holiday pay.
24Suspension
24.1The College may suspend the Executive Principal with pay while the College conducts an investigation into any alleged misconduct.
24.2Notwithstanding clause 24.1 the College may suspend the Executive Principal without pay where:
24.2.1An allegation against the Executive Principal gives rise both to a Police investigation and to an internal disciplinary enquiry by the College into conduct which, if established, would amount to serious misconduct; and
24.2.2The College has either elected, or been required, to defer completion of its internal enquiry until the outcome of the Police investigation and any prosecution has been ascertained.
24.3The College may suspend the Executive Principal from work without pay until the outcome of the Police investigation and any prosecution has been ascertained.
24.4The College’s right of suspension may be exercised only after the Board has informed the Executive Principal of the matters of concern (including the College’s reasons for considering suspension) and has given the Executive Principal opportunity to respond on the issue of suspension and any terms proposed to be attached to it.
24.5Notwithstanding clause 24.4, the College may suspend the Executive Principal in circumstances of urgency or where compliance is impracticable for reasons outside the College’s control. In such event, the College will use its best efforts to comply with clause 24.4 as soon as practicable.
25Termination
25.1Either party may terminate this Agreement on giving six months’ notice in writing to the other party provided that in such event the College may exercise its rights under any or all of sub clauses 25.1.1 to 25.1.3; namely, at any time during the period of notice, the College may:
25.1.1Direct the Executive Principal to undertake such duties, directly or indirectly related to the Executive Principal’s position, as the College may think fit;
25.1.2Direct the Executive Principal not to report for work; or
25.1.3Terminate the Executive Principal’s employment earlier than the expiry of the period of notice by making payments in lieu of the Executive Principal’s base salary for the unexpired period and any employer superannuation contributions due for that period.
Provided further that up to the termination of the Executive Principal’s employment the Executive Principal and the College shall remain bound by their mutual obligations of trust and confidence.