FIXED TERM EMPLOYMENT AGREEMENT

BETWEEN

THE TRUST BOARD

AND

______FIXED TERM EMPLOYMENT AGREEMENT

BETWEEN TRUST BOARD (“the Employer”) referred to as the Board

AND ______(“the Employee”)

The terms and conditions contained in this agreement replace any terms and conditions of employment that may have applied prior to the date of this agreement.

  1. POSITION AND DUTIES
  2. Your position is that of ______at School.
  3. You shall perform the duties set out in the Job Description attached to this agreement as Schedule A. These duties may be modified and updated by the Board from time to time following agreement from you. You also agree to perform all other reasonable duties to comply with reasonable instructions issued by the Board.
  4. We require you to at all times discharge the duties of the position in a diligent and faithful manner to the full benefit of the Board, its students and the school community.
  5. You shall report to______, or to any other representative of the Board designated from time to time by the Board.
  6. The Board shall conduct a performance review of your performance on at least an annual basis.
  1. NATURE AND TERM OF AGREEMENT.

This Employment Agreement is an individual employment agreement entered into under the Employments Relations Act 2000, as amended by the Employment Relations Amendment Act (No 2) 2004. The parties agree that this is a fixed term employment agreement. The employment shall commence on ______and will end on______. The Board has genuine reasons based on reasonable grounds for specifying that the employment agreement is to end at this time, namely that ______. The parties also confirm that the Employee has been advised by the Board when discussing this agreement, the reasons for the employment ending this way.

  1. OBLIGATIONS OF THE PARTIES
  2. Obligations of the Board

The Board shall:

(i)Act as a good employer in all dealings with you;

(ii)Deal with you and any representative for you in good faith in all aspects of the employment relationship;

(iii)Take all practicable steps to provide you with a safe and healthy work environment.

3.2Employee’s Obligations

You shall:

(i)Comply with all reasonable and lawful instructions provided by the Board.

(ii)Perform your duties with all reasonable skill and diligence;

(iii)Conduct your duties in the best interests of the Board and the employment relationship;

(iv)Deal with the Board in good faith in all aspects of the employment relationship;

(v)Comply with all policies and procedures (including any Codes of Conduct) implemented by the Board from time to time.

(vi)Take all practicable steps to perform the job in a way that is safe and healthy for yourself and your fellow employees.

4HOURS OF WORK

4.1Your hours of work shall be ______.

4.2Lunch Breaks

You shall be entitled to an unpaid lunch break on each working day of employment of 30 minutes to be taken at 12.30 or such other times as the parties agree from time to time.

4.3Variation to Hours of Work

Your hours of work may be varied by mutual agreement between the Board and yourself.

4.4Overtime

Should you be required to work outside the hours specified in sub clause 4:1 you shall be paid for the work at your ordinary rate of pay, or shall be entitled to take an equivalent period of time off at a later date which shall be mutually agreed between you and your Manager in lieu of payment for the additional time worked. For part–time staff any requirement to attend Professional Development courses will be paid at a maximum of an 8 hour day.

5.REMUNERATION

5.1.Your hourly rate shall be ______.

5.2.This hourly rate is in full consideration of the requirements of the position in respect of hours and times of employment.

5.3.The Trust Board will match contributions of 2%or 4% of gross salary to an approved KiwiSaver scheme.

  1. PAYMENT OF WAGES
  1. You shall be paid fortnightly by direct credit to your bank account.
  2. Rateable deductions may be made from your pay for sickness or accident (when you have no special leave accrued), or non-attendance at work.

7 ANNUAL HOLIDAYS

You shall be entitled to holiday pay in accordance with the provisions of the Holidays Amendment Act 2003 calculated at 8 % of weeks worked and paid at the conclusion of the fixed term.

8. PUBLIC HOLIDAYS

8.1The following days shall be granted as whole holidays in accordance with the Holidays Act and its amendments where they fall on days which would otherwise be working days for you.

New Years Day
The Second day of January
Auckland Anniversary Day
Waitangi Day
Anzac Day
Good Friday / Easter Monday
The birthday of the reigning sovereign
Labour Day
Christmas Day
Boxing Day

8.2If you are requested to work on one of the prescribed public holidays you shall be paid for the time actually worked at the rate of time and a half of your relevant daily pay and shall also be allowed a whole paid day off in lieu to be taken at a time mutually agreed between you and your manager, provided that where such agreement cannot be reached, the parties agree that the Board shall determine the taking of days in lieu.

8.3In addition to the annual leave provided in 8.1 above, the Board will provide one paid day’s leave on the Tuesday after Easter Monday, and one paid day’s leave on the Friday preceding Queen’s Birthday weekend.

8.3SICK LEAVE, BEREAVEMENT LEAVE AND DISCRETIONARY LEAVE

8.1 Sick Leave

If the duration of this contract is longer than six months continuous service after the first six months you shall be entitled to five days sick leave per 12 month period. This leave is for your use when you, or your partner, or your dependent parent or dependent child is sick. Sick leave may be accumulated if not used to a maximum of 20 days.

8.2Bereavement Leave

In addition to the entitlement under clause 8:1 you shall be entitled after six months continuous employment to paid bereavement leave of up to three days in relation to the death of your spouse, child, parent, sibling, or parent of your spouse.

You shall be entitled to one days paid bereavement leave if the Board considers you have suffered a bereavement through the death of another person.

8.3Notification of Leave

You are required to notify your manager that you will not be at work because you are taking sick or compassionate leave on the first day of taking leave. Failure to notify may result in the absence being treated as unpaid leave.

8.4Medical Certificate

Where you have taken sick leave because of an illness which has lasted at least three consecutive calendar days, the Board shall be entitled to require a medical certificate relating to the reason for the absence.

8.5Discretionary Leave

Your Manager may grant discretionary leave, in special circumstances only, with or without pay. Discretionary leave in excess of 5 consecutive working days shall require Board approval. This leave is inclusive of and not in addition to the special leave provided for in the Holidays Act and its amendments.

  1. JURY SERVICE

Where you are obliged to undertake jury service, the Board shall continue to pay you, provided that you pay to the Board any fees paid by the Court (excluding reimbursing payments.)

  1. HEALTH AND SAFETY

Both the Board and the Employee shall comply with their obligations under the Health and Safety in Employment Act 1992 and its amendments. This includes the Board taking all practicable steps to provide you with a healthy and safe working environment. You shall comply with all directions and instructions from the Board regarding health and safety and shall take all reasonable steps to ensure that in the performance of your employment you do not undermine your own health and safety or the health and safety of another person.

  1. OTHER BUSINESS INTERESTS

You shall not engage in any other employment or business that in the opinion of the Board might interfere with the proper performance of your duties or reflects adversely on the enterprise.

  1. CONFIDENTIALITY AND NON DISCLOSURE

As part of normal duties you shall obtain or have access to confidential information concerning the Board, or an educational institution operated by the Board. You shall not whether during the currency of this agreement or after its termination for whatever reason, directly or indirectly use or divulge to any person any such information except in the proper performance of your duties. You shall use your best endeavours to prevent the use, publication or disclosure of any knowledge or information which you may have acquired or may have already acquired during the course of your employment by the Board concerning the business, operations, affairs, property, students, student’s parents/guardians, employees, or trustees of the Board.

  1. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

All work produced for the Board by you under this agreement or otherwise and the right to the copyright and all other intellectual property in all such work is to be the sole property of the Board.

  1. USE OF INTERNET AND EMAIL

You shall have access to email and the Internet in the course of your employment. You shall ensure that at all times your use of the email and Internet facilities at work meets the ethical and social standards of the workplace. Whilst a reasonable level of personal use is acceptable to the Board, this must not interfere with your employment duties or obligations, and must not be illegal or contrary to the interests of the Board. You shall also comply with all email and Internet policies issued by the Board from time to time.

  1. PRIVACY OBLIGATIONS

The Board and Employee shall comply with the obligations set out in the Privacy Act 1993. You must not breach the privacy of any staff, student, or parent in the course of your employment.

  1. ABANDONMENT OF EMPLOYMENT.

If you are absent from work for a continuous period of three working days without the consent of your Manager, or without notification to your Manager, or without just cause, and the Board has made reasonable efforts to contact you, it shall be deemed that you have terminated your employment without notice.

  1. TERMINATION
  2. This agreement terminates on the date stated. Either party may terminate this agreement on giving 4 weeks notice in writing to the other party. On receiving or giving notice of termination, the Board may, at its sole discretion, elect to pay in lieu of notice for all or any part of the notice period.
  3. If you do not give the required notice, the Board reserves the right to deduct a day’s pay for each day not worked during the notice period. This may include deduction of any monies that have accrued due for any period of leave.
  4. In the event of an allegation of failure to perform or serious misconduct being made against you the Board shall follow its disciplinary procedures set out in Schedule B to this agreement.
  5. Upon termination of employment you are required to immediately deliver to your Manager all records, documents, letters, papers and other material of every description (including all copies of or extracts from the same) within your possession or control relating to the affairs and business of the Board.
  6. The termination of this agreement shall not affect such of its provisions as are intended to continue after termination.
  7. Medical Examination and Tests

In any circumstances where the Board reasonably believes it to be necessary, the Board may require you to be medically examined by a medical practitioner nominated by the Board at the Board’s expense, and will require a report from the medical practitioner. Such medical examinations and tests may be required for a number of reasons, including:

  • To assess your ability and capacity to work properly and/or safely;
  • To ascertain whether the work or work environment may affect your health and safety;
  • To assess you after suffering an injury or illness that may be work-related or may result in you being off work for a long time.

If, in the reasonable opinion of the Board, you are incapable of proper performance of your duties by reason of illness, the Board may terminate this agreement by the provision of at least the notice period under clause 17.1.

17.7Termination for Serious Misconduct

Notwithstanding any other provision in this agreement, the Board may terminate this agreement summarily and without notice for serious misconduct on the part of the Employee. Serious misconduct includes, but is not limited to:

(i)theft;

(ii)dishonesty;

(iii)harassment of a work colleague or student;

(iv)serious or repeated failure to follow a reasonable instruction;

(v)deliberate destruction of any property belonging to the Board;

(vi)actions which seriously damage the Board’s reputation.

17.8Suspension

In the event the Board wishes to investigate any alleged misconduct, it may, after discussing the proposal of suspension with you, and considering your views, suspend you on pay whilst the investigation is carried out.

  1. VARIATION OF AGREEMENT

The terms and conditions contained in this agreement may be varied at any time by agreement between both parties. No variation shall be effective or binding on either party unless it is in writing and signed by both parties.

  1. DEDUCTIONS FROM WAGES

Where requested by you, the Board shall deduct from your wages any agreed amount for matters such as, a staff social club or medical insurance and pay the amount to the organisation specified by you. The Board shall also be entitled to deduct from any wage payment payable upon termination of employment any overpayment made to you for leave taken in advance.

  1. THE RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS

This clause sets out how employment relationship problems may be resolved.

20.1 Definitions

An “employment relationship problem” is defined in the Employment Relations Act 2000 and includes a personal grievance, a dispute, or any other problem related to or arising out of the employment relationship, but does not include any problem with the fixing of new terms and conditions of employment.

A “personal grievance” means any grievance that an employee may have against the employee’s employer or former employer because the employee claims that he/she:

(i)has been unjustifiably dismissed; or

(ii)has had his/her employment, or his/her conditions of employment affected to his/her disadvantage by some unjustifiable action by the employer; or

(iii)has been discriminated against in his/her employment; or

(iv)has been sexually harassed in his/her employment; or

(v)has been racially harassed in his/her employment; or

(vi)has been subjected to duress in relation to membership or non-membership of a union or employees organisation.

A “dispute” is a dispute about the interpretation or application or operation of an employment contract or an employment agreement.

20.2 Raising Employment Relationship Problems

The preferred method of raising an employment relationship problem is for you to speak first with your Manager. If for any reason you do not wish to raise the matter with your Manager, you should speak to the Human Resources Manager, the General Manager or the Principal/Executive Head, so that the issue can be dealt with at an early stage.

If you prefer to raise the matter in writing, or if the issue that has been verbally raised in the manner noted in the paragraph above has not been resolved, you should write to the Board setting out the details of the problem, grievance or dispute, and the solution you seek to resolve the matter.

20.3 Time limit on Raising a Personal Grievance

A personal grievance must be raised with the Board within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to your notice.

20.4 Mediation

If the problem is not resolved, a party to the problem may seek the assistance of the Mediation Services provided by the Department of Labour. This may be done by contacting an office of the Department of Labour that deals with employment relation issues.

20.5 Employment Relations Authority and Employment Court.

If the problem is not resolved by mediation, it may be referred to the Employment Relations Authority and if a party is not satisfied with the determination of the Employment Relations Authority, the matter may be referred to the Employment Court.

ACCEPTANCE

To signify acceptance of this agreement please sign both copies and return one copy to Human Resources for its files.

This Agreement is signed for and on behalf of the TRUST BOARD by:

Date

PRINCIPAL

DECLARATION

I declare that I have been provided with a copy of the intended individual employment agreement, that I have been advised that I was entitled to seek independent advice about it, and that I have been give a reasonable opportunity to seek that advice.

I further declare that I have read and am able to adequately understand the provisions and implications of this individual employment agreement and that I accept fully the terms and conditions of the agreement.