Version April 2015

Teachers how to write letters of appointment guide

This guide provides information on how to draft letters of appointment for school teachers.

Letters of appointment for school appointees should follow best practice and should include relevant or additional material appropriate to the appointee.

All appointees to school teacher 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. external funding ceased).

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

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

This template appointment letter for teachers is available to school boards or delegated authority[2] in the NZSTA website under “appointment process” 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 including any units and allowances
  • terms and condition of the appointment;
  • requirements relevant to the position e.g. current teaching practising certificate, including the code of conduct and retirement savings
  • confirmation and acceptance of offer including the right to get independent advice
  • the name of the employers’ representative that acts as the contact person

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

  • that there is a collective employment agreement covering the employee’s work
  • that, if the employee joins the relevant union, the collective employment 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 teacher’s employment agreement at http://www.education.govt.nz/school/working-in-a-school/teachers/

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

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

It is important that before appointing a new teacher the school does the following:

  • Familiarise itself with its legal obligations when employing staff and seek professional support from NZSTA if it is unsure or unfamiliar with the appointment process.
  • Ensure it sights copies or originals of all documents provided in support of an application and subsequent appointment, such as two forms of identification, a teachers practising certificate card or the authorisation letter from the Teachers Council and immigration documents (if relevant).
  • Always undertake reference checks, contact previous employer or school and obtain references from the principal, deputy principal or teaching 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 is placed in employee personal file.

This section can be removed once letter of appointment has been drafted.

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

[Date]

Confidential

[Employee]

[Address 1]

[Address 2]

Dear [name]

Letter of Offer of Appointment: Teacher Fixed Term Position

The [school name] Board of Trustees is pleased to offer you appointment to the fixed term [full time/part time (0.x FTTE)] position of [position title] commencing on [date] and finishing on [date]. A job description is attached.

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

If full time

Your hours of work will be as set out in the [insert title of relevant Collective Agreement] (CA).

If part time

[Your hours of work will be [x], worked Monday to Friday [or worked as set out below]. Any variation to this will be advised in accordance with the relevant provisions of the [insert title of relevant Collective Agreement] (CA).

You will be appointed on step [x] of the salary scale and, based on the information you have provided regarding your qualifications, your salary on appointment will be $[x] per annum (pro-rated for part time). [May require salary assessment]

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

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.

Or

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

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

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

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

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

5 These 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

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

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

Or

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.

Or

The reason for your employment being of a fixed term nature and not permanent is that you will be working on a project to (e.g. develop resources for the school library). An outline of the project is attached. Your employment will cease at the conclusion of this project or in accordance with the provisions of the CA. 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 because the Board has approved funding from its operational grant to employ a teacher above entitlement for a specified period (x) and continued funding cannot be guaranteed. Accordingly, your fixed term employment will end 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.

Further engagement

At or before the expiry of this period 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] Teachers’ Collective Agreement (CA), of 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 already a member of [specify union], the CA applies to you directly from the date of appointment.

If you are not 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 then the relevant promulgated individual employment agreement (IEA) will apply. [The employer can download a copy of the IEA and insert link here]

Practising Certificate/Limited Authority to Teach

This offer is made on the basis that you have the appropriate practicing certificate or limited authority to teach issued by the Teachers Council and it is produced to the Board. The offer of employment is conditional until such time as that occurs. Continued employment is contingent on you maintaining a current practising certificate or a limited authority to teach.

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 www.novopay.govt.nz.

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.

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]

[school name] 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 enclosed the acknowledgement of receipt of the Code of Conduct.

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 ______

1

[1] Person or committee assigned the responsibility to undertake the full recruitment process

[2] The assignment of responsibility or authority to another person (in a school from the board to the principal) to carry out specific activities