Version May 2015

Non-teaching staff letters of appointment guide

This guide provides important information on how to draft letters of appointment for non-teaching appointees in schools.

Letters of appointment for all school appointees should follow best practice and be supplemented with additional material appropriate to the appointee. This could include information about the code of conduct and other due diligence checks.

All appointees will be covered by the terms and conditions of the relevant collective agreement or individual employment agreement promulgated by the Ministry.

All appointees to non-teaching positions must receive a letter of appointment either for a fixed term or permanent position.

Fixed term appointments must always include a genuine reason, based on reasonable grounds and have an end date or state how it will end e.g. end of maternity leave.

The NZSTA template appointment letter should be edited by the principal or by any other person with the delegated authority to offer employment or to run the appointment process, and approved and signed by the appointing authority[1].

This appointment letter for non-teaching school appointee is available to school boards or delegated authority[2] , employer appointments resources and should be carefully drafted to include the following information:

  • name of the appointee and address;
  • designation of the position;
  • tenure of employment;
  • remuneration as per relevant collective employment agreement;
  • terms and conditions of the appointment;
  • requirements relevant to the position like police vetting which is mandatory under the law and a condition of offer of employment in schools
  • confirmation and acceptance of offer including the right to get independent advice
  • the name of the employers’ representative that acts as the contact person for further information

Note. Employers should ensure employee is informed of relevant paid annual leave entitlements in the letter of appointment, by choosing one of the following options:

Inclusive – paid annual leave applies to non-teaching employees that work for 52 weeks per annum. 52 week non-teachers are paid for annual leave as they take it;

Exclusive - annual leave doesn’t apply, term time only and time sheet non-teachers receive their holiday pay at the end of the year.

When offering the employee the position, the employer informs the employee:

  • that there is a collective agreement covering the employee’s work
  • that, if the employee joins the relevant union, the collective agreement will cover the employee
  • give the employee a copy of any collective or individual employment agreement and if the latter, information concerning any employment relationship problem which may arise

Note: The employer can download a copy of the non-teacher’s employment agreement at

The appointee must accept the offer in writing, including confirmation of acceptance of terms contained in the employment agreement.

More detailed advice on appointment and induction information for appointees is set out in the NZSTA Appointments guidelines on

It is important that before appointing new staff schools do the following:

  • Familiarise itself with its legal obligations when employing staff and seek professional support from NZSTA if it is are unsure or unfamiliar with good employment practices.
  • Ensure it sights copies or originals of all documents provided in support of an application and subsequent appointment, such as identification documents, relevant qualification certificates and immigration documents (if relevant).
  • Always undertake reference checks, contact previous employer or school and obtain references from the principal, deputy principal or direct supervisor.
  • Ensure all agreements made with new staff members are put in writing, include their signature and date of agreement and a copy is given to the employee and another placed on the employee personal file.

This section is to be removed once the letter of appointment has been drafted.

If in doubt contact your local IR/HR adviser or ring 0800 STA help.

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Version May 2015

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Version May 2015

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Version May 2015

[Date[

[Employee]

[Address 1]

[Address 2]

Dear [name]

Offer of Fixed Term Appointment non-teaching position

The [school name] Board of Trustees is pleased to offer you appointment to the fixed term position of [position title] commencing on (date) and finishing on (date, if time-based or event). A job description is attached.

This offer supersedes any previous negotiations, communications and commitments whether written or oral.

You will be appointed on [grade and step] at will be paid [insert hourly rate] per hour. Your hours will be [insert hours per day and days per week] and weeks to be worked are [state weeks] per year, inclusive/exclusive [circle whichever is appropriate] of annual leave. Any variation to these will be advised in accordance with the relevant provisions of the [insert title of relevant CA] CA.

If you accept this position please note that it is for a fixed term.

[Specify when or how the fixed term will come to an end, see below for examples].

(examples of event based)

for teacher aide – child specific

The reason for your employment being of a fixed term nature and not permanent is to provide specific teacher aide assistance to the following child/children while the child is at this school and requires the assistance you have been employed to undertake. The hours allocated for teacher aide assistance are determined through funding by another agency and this funding will cease when the child/children leave the school.

Name of child Hours

The termination date of this fixed term arrangement will be at the time the child/children leaves the school for whatever reason i.e. on the occurrence of a specified event or when their needs change and your assistance is no longer required.

When the hours of teacher aide assistance ceases the board will provide you with at least [insert notice period set in CA] notice as provided in the CA.

To cover for an employee on leave – return date unknown

The reason for your employment being of a fixed term nature and not permanent is that you will be covering for an existing employee who has taken leave. Your employment will cease when that employee returns to work. The board will provide you with at least [insert notice period set in CA] notice as provided in the [insert title of relevant collective agreement] Collective Agreement.

(example of a time based)

To cover teacher on leave – return date known

The reason for your employment being of a fixed term nature and not permanent is that you will be covering for an existing employee who has taken [insert length of time] leave. That employee will return to work on [insert date], (and [if appropriate] will need to be brought up to date by you in the week ending [insert date]). As a consequence, your employment will cease on [insert date]. The board will provide you with at least [insert notice period set in CA] notice as provided in the [insert title of relevant collective agreement] Collective Agreement.

To cover parental leave.

The reason for your fixed term employment being of a fixed term nature and not permanent is to cover for an existing employee who has taken [length of time] parental leave.

Notice to Temporary Employee: Section 48, Parental Leave and Employment Protection Act 1987

1You are being employed on a temporary basis in the place of an employee who is on parental leave.

2You cannot expect to continue to be employed by (Name of employer) after that employee returns to work.

3That employee is required to return to work on [Date].

4That employee may end his or her parental leave by returning to work before that date in certain circumstances.

5These circumstances are –

(a)If the child is miscarried; or

(b)If the child is stillborn or dies; or

(c)If the employee or the employee’s spouse has consented to the adoption of the child and some other person has the care of the child with a view to its adoption; or

(d)If the employee ceases to have care of the child; or

(e)If consent is given by ([Name of employer] or me).

6If the employee ends his or her parental leave by returning to work early, you will be given [State period] notice of termination of employment.

(example of a project based)

The reason for your employment being of a fixed term nature and not permanent is that you will be working on a project (e.g. to develop resources for the school library). An outline of the project is attached. Note that the project will end on [insert date]. At that time, your employment will cease. The board will provide you with at least [insert notice period set in CA] notice as provided in the [insert title of relevant collective agreement] Collective Agreement.

Or

The reason for your employment being of a fixed term nature and not permanent is that the board has approved additional funding for the period [state period] only to (e.g. evaluate specific programmes/support to the present teaching staff). This funding is not ongoing and your employment will cease on [date]. The board will provide you with at least [insert notice period set in CA] notice as provided in the [insert title of relevant collective agreement] Collective Agreement.

Further engagement

At or before the expiry date of this term of employment, we may enter into a subsequent employment agreement by agreement. Nothing in this or any preceding correspondence, however, should be interpreted or understood to provide any expectation that this agreement will be renewed, or that any subsequent agreement will be entered into.

Furthermore, no assurance or arrangement for any renewal or subsequent agreement shall bind either of us unless such assurance or arrangement is in writing signed by both parties.

Terms and Conditions of Employment

The work to be undertaken is covered by the [insert title of relevant collective agreement] Collective Agreement (CA), a copy of which is attached. The CA covers the work that you will undertake and applies to employees who are or become members of [specify union].

If you are not already a member of [specify union] you have the option of joining the union and being directly covered by the terms and conditions of the CA. If you wish to join the union, you should contact [provide contact name and number of local union representative][plus enclose any materials that may be relevant].

Joining this or any other union is your choice. If you choose to join the union, the CA will apply directly to you as long as you remain a union member.

If you are not a union member nor wish to join the union the terms and conditions of employment under this offer of employment are those terms and conditions of the [insert title of applicable CA], with all the necessary modifications applicable to an individual employment agreement for [insert category of employee i.e. support staff/teachers/caretakers etc.]. A copy of the [insert title of applicable CA] is accessible on .

Police Vetting Check

Please note that in accordance with the Education Act 1989 you are required undergo a police vetting check and the offer of employment remains conditional until such time as this has been completed and is satisfactory. To this end the attached form, which confirms your agreement to the necessary information being accessed, will need to be completed and returned. Continued employment is subject to satisfactory subsequent vetting checks which are require by law to take place at least every three years.

Code of Conduct

Attached you will find a copy of the Code of Conduct which outlines the minimum standards of conduct and behaviour expected of you as an employee of the [school name] Board. Please sign and return the acknowledgement of receipt of the Code of Conduct.

Retirement Saving

Depending on your previous employment in the education sector and the present period of employment you may or may not require to be automatically enrolled into the KiwiSaver. From the information known to the board you do/do not [amend as appropriate] meet the tests to require auto enrolment. Further information on this can be found at

[Insert privacy clause below for those employees who are centrally paid employees].

In addition we require you to provide evidence of your date of birth. This information is required under the provision of the KiwiSaver Act 2006 for the purposes of assessing your age eligibility to join KiwiSaver and for the scheduling of the final employer contribution to your scheme. Your date of birth will be reported to the Ministry of Education’s Education Service Payroll who will hold the data in a secure and encrypted database separately from the general payroll data. Only authorised personnel will have access to this data and only for the purpose of administering your KiwiSaver employer contributions. You are entitled to review and correct this information and may do this by requesting a copy of the information through your school Principal.

[Insert privacy clause above for those employees who are directly paid employees and describe aspects of information housing, access and security specific to school systems].

Confirmation

We would like to encourage you to take the opportunity to seek independent advice on this offer of fixed term employment.

Please sign the enclosed copy of this letter acknowledging your acceptance of the position and, if you are not a member of [specify union], the attached IEA and information on dealing with employment relationship problems, within [insert timeframe] of receipt of this letter.

We look forward to having you work with us. If you have any queries please do not hesitate to contact me.

Yours sincerely

[name]

[Chairperson/Principal]

[name of school] Board of Trustees

Acceptance

I am pleased to accept the fixed term position of [position title] at [school name] on the basis of the offer made in this letter and I have attached the acknowledgement of receipt of the Code of Conduct.

I have signed and attached the police vetting check form.

I confirm I have had the opportunity to seek appropriate independent advice.

I am/am not a member of [specify union] (please circle as appropriate).

I would/would not (please circle as appropriate) like to receive information on the KiwiSaver Scheme.

Name______

Signature______Date ______

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[1] Principal, Office Manager, Executive Officer

[2] Those with formal delegations to recruit and appoint staff in the school