Kaiarahi i te Reo, Therapists', ATSSD, Special Education Assistants' Collective Agreement

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Kaiarahi i te Reo, Therapists', ATSSD and Special Education Assistants' Collective Agreement

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Email: employment.relations@education.govt.nz

Licensing Criteria Cover

Part 2: Terms of Employment

Kaiarahi i te Reo, Therapists', ATSSD, Special Assistants' Collective Agreement
Effective 16 June 2017 to 15 July 2019

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  • 2.1 Good Employer/Equal Employment Opportunities and Pay and Employment Equity
    • 2.1.1 Good Employer/Equal Employment Opportunities - Attention is drawn to Part VIIA State Sector Act 1988 which outlines the responsibilities of the employer with regard to the operation of a personnel policy that complies with the principle of being a good employer and the equal employment opportunity responsibilities of the employer.

      2.1.2 Pay and Employment Equity - The Ministry of Education and NZEI Te Riu Roa agree that remuneration, job choice, and job opportunities in the state education sector should not be affected by gender.

  • 2.2 Appointments
    • 2.2.1 All appointments to positions shall be permanent unless identified as being fixed term.

      2.2.2 Every appointee to a vacancy shall be notified in writing of:

      1. the appointment
      2. the salary to be paid; and
      3. when or how the employment will end and the reasons for the employment ending in that way if the appointment is for a fixed term.
  • 2.3 Appointment Criteria
    • 2.3.1 Attention is drawn to the State Sector Act 1988 insofar as it provides that the person best suited to the position shall be appointed.  In applying that provision the employer will have regard to the experience, qualifications and abilities relevant to the position and such other relevant matters as it determines.

  • 2.4 Fixed Term Appointment
    • 2.4.1 An employee and an employer may agree that the employment of the employee will end:

        1. at the close of a specified date or period; or
        2. on the occurrence of a specified event; or
        3. at the conclusion of a specified project.

      2.4.2 Before an employee and employer agree that the employment of the employee will end in a way specified in 2.4.2, the employer must:

        1. have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and
        2. advise the employee of when or how his or her employment will end and the reasons for his or her employment ending in that way.

      2.4.3 The following reasons are not genuine reasons for the purposes of 2.4.2:

        1. to exclude or limit the rights of the employee under the Employment Relations Act 2000;
        2. to establish the suitability of the employee for permanent employment.
  • 2.5 Hours of Work (other than therapists)
    • 2.5.1 The regular working hours of employees other than therapists will be set by the employer, in consultation with the employee, but will not exceed 40 hours per week unless otherwise agreed by the employer and employee.

  • 2.6 Therapist Hours of Work
    • 2.6.1 Except as provided under 2.6.2 below, the ordinary hours of a full-time therapist shall be 38 hours per week, Monday to Friday inclusive. Therapists’ duties may include:

        1. preparation, planning and organisation of equipment and therapy;
        2. evaluation, reporting and follow-up;
        3. professional liaison and home visits;
        4. updating systems, contracts and case notes;
        5. administration and recording;
        6. attending meetings and courses; and
        7. professional development.

      2.6.2 A therapist (either full-time or part-time) who, before 3 April 2002, chose to retain their hours of work based upon the then current 30 hours per week, shall retain those hours, noting 3.3.5 below.

  • 2.7 Meal Breaks
    • 2.7.1 No employee shall be required to work more than five hours without an uninterrupted break for a meal, such breaks to be not less than 30 minutes and no more than one hour in duration except where otherwise agreed.

  • 2.8 Paid Breaks
    • 2.8.1 Employees shall be entitled to paid breaks in accordance with 2.8.2 and 2.8.3 below.

      2.8.2 Employees working 5 hours or more per day may, on any such day, take either:

        1. one 20 minute break in the morning; or
        2. one 10 minute break in the morning and one 10 minute break in the afternoon.

      The timing of the break(s) shall be such that it takes into account:

        1. That the operational needs of the school are not compromised; and
        2. That the employee concerned is afforded a genuine break.

      2.8.3 Employees working 2 hours or more but less than 5 hours per day are entitled to either one break of 10 minutes in the morning or one break of 10 minutes in the afternoon. The timing of the break shall be such that it takes into account:

        1. That the operational needs of the school are not compromised; and
        2. That the employee concerned is afforded a genuine break.

      2.8.4 Coffee, tea, sugar and milk shall be provided at all meal intervals and rest periods.