Primary Principals' Collective Agreement

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Licensing Criteria Cover

Part 9: Surplus Staffing

Primary Principals' Collective Agreement
Effective: 26 August 2019 to 25 August 2022

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  • Part 9: Surplus Staffing
    • 9.1.1 In the situation of a school reorganisation process, the principals’ positions in all the closed or reorganised schools shall be disestablished and clauses 9.7 and/or 9.8 shall apply. The new position of principal in the reorganised school shall be advertised pursuant to the State Sector Act 1988 (as per clause 2.2).

      9.1.2 Where the staffing requirements within the school have been reviewed by an employer (including as a consequence of amalgamation, merger, change of status, and/or closure), and a permanently appointed principal's position is disestablished, the principal in consultation with the Board may elect either:

        1. Redeployment - The principal is redeployed, as a basic scale teacher with full salary protection, for 30 school week’s within the school or any other school requested by the principal with the approval of the original Board and of the Board of that other school. The redeployment process is outlined in clause 9.2; or
        2. Retraining - Undertake a suitable course of retraining approved by the Ministry for 30 school weeks which enables or upgrades the principal as a teacher or a principal. The retraining process is outlined in clause 9.3; or
        3. Severance - Terminate the employment by giving three months' notice. In addition the Board shall pay the principal a lump sum payment equivalent to:
            • Three months' ordinary pay (basic taxable salary) where the principal has up to three years' service;
            • Four months' ordinary pay (basic taxable salary) where the principal has over three years' and up to five years' service;
            • Six months' ordinary pay (basic taxable salary) where the principal has five years' (and over) service.
          Provided that if the principal, following disestablishment of her/his position, commences permanent employment in a state or state-integrated school before the expiry of the period in respect of which the payment was made (i.e., three months, four months, or six months), the principal shall refund the portion of the severance payment which represents the difference between the period in respect of which the payment was made and the number of weeks without employment.
        4. Long Service Payment - Subject to clause 9.4 where the principal has 25 years' service or more she/he may elect to be paid a lump sum of six months' ordinary pay (basic taxable salary) plus one weeks' ordinary pay for each complete year of service. The maximum amount payable under this clause shall not exceed salary for one year.

      9.2 The following redeployment procedures shall apply to a principal who is redeployed under clause 9.1.2 (a):

      9.2.1 The employer shall assist the principal to find a suitable alternative position and will meet the reasonable costs of attending relevant interviews.

      9.2.2 Where a principal is redeployed as a basic scale teacher under clause 9.1.2 (a) and a position at the same or lower level becomes vacant at the school at which the principal is redeployed (or with the principal’s original Board where the principal has been redeployed to a different school) the principal shall be offered the vacant position unless the position is either a Mäori immersion teacher or special education teacher position requiring skills not possessed by the principal.

      9.2.3 Where a principal declines placement under clause 9.2.2 at the same level or declines a reasonable offer of appointment at the same or higher level from another board, that principal’s employment shall be terminated without further compensation.

      9.2.4 The principal shall receive pay protection for the full 30 school weeks if they remain at that school.

      9.2.5 Where any teaching position above that of basic scale (but not the position of principal) becomes vacant at the school at which the principal has been redeployed during the redeployment period, that position must be advertised internally in the first instance.

      9.2.6 There is no entitlement to appointment to the position of principal in the originating school or the school in which redeployment occurs should a vacancy occur during the period of redeployment.

      9.2.7 A principal may, during their period of redeployment, subject to agreement between the principal and their employer, undertake a defined special project(s) of work.

      9.2.8 At the end of the period of redeployment if a new position has not been secured the principal’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board shall advise the principal in writing of this not less than one month before the expiry of the period of redeployment.

      9.2.9 If a transfer of location is involved, principals employed under clause 9.1.2 (a) may elect to be reimbursed removal expenses as per Appendix 2 in one or another but not both of the following circumstances:

        1. Where the principal transfers to another school to continue employment pursuant to clause 9.1.2 (a); or
        2. Where the principal transfers to a school where they have been appointed to a new permanent position.

      9.3 The following shall apply to a principal who is re-training under clause 9.1.2 (b):

        1. There is no requirement on the employer to meet any costs and expenses of training, including course fees;
        2. At the end of the period of re-training if a permanent position has not been secured the principal’s employment shall be terminated. If the employment is likely to be terminated in these circumstances the Board shall advise the principal in writing of this not less than one month before the expiry of the period of re-training.

      9.4 Payment of severance or long service payment under clause 9.1.2 is subject to the following provisions:

        1. Where a principal who has received a severance payment or long service payment commences permanent employment in a state or state-integrated school within a number of weeks which is less than the number of weeks of payment received under clause 9.1.2 the principal shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance or long service payment was received. Repayment shall be for the proportion of time that they work and at the rate they earn, or the rate of payment that was received under clause 9.1.2., whichever is the lesser.
        2. Payment under this provision is conditional on the employee finishing on an agreed date. Where the employee resigns her/his position or is appointed to another teaching position in a state or state-integrated school before the date of payment, no payment will be made.
        3. Any employee receiving the severance payment or long service payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance, or long service payment entitlements. Provided that a principal who is subject to clause 9.4 (a) shall receive pro rata reinstatement of these entitlements.
        4. For the purpose of these provisions ordinary pay is defined as basic taxable salary plus regular taxable allowances paid on a continuous basis as at the effective date that the surplus staffing takes effect. For employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave.

      9.5 In the event of the status of the school changing to a kura kaupapa Mäori or a school which will provide level 1, 2 or 3 Mäori Immersion programmes, all of the provisions of this clause will apply to the principal if she/he is affected and required to transfer out.

      9.6 For the purpose of this Part “service” is defined as the aggregate of all employment as a teacher in state or state-integrated schools and/or service as a trained and certificated teacher in the employment of a Free Kindergarten Association and any credit (to a maximum of 5 years' credit) given for time spent on childcare pursuant to clause 5.5 of the Primary Teachers’ Collective Agreement.

      9.7 In case of the principals whose positions have been disestablished in the event of a school reorganisation process the following surplus staffing options shall apply:

        1. Redeployment - The principal is redeployed as a basic scale teacher for 40 school weeks at any other school requested by the principal with the approval of the Board of that other school. Salary protection at the principal’s previous salary (i.e. school roll and staffing based components only) shall apply for the period of redeployment. The redeployment process is outlined in clause 9.2 provided that upon termination of the supernumerary period, principals who complete their supernumerary employment of 40 school weeks and have yet to secure a permanent position in another state or state-integrated school, will retain an entitlement to removal expenses as per Appendix 2 of the PPCA for a period of 12 months from the cessation of their supernumerary employment. This entitlement will cease on permanent appointment to a position in a state school; or
        2. Retraining - Undertake a suitable course of retraining approved by the Ministry for 30 school weeks which enables or upgrades the principal as a teacher or a principal. The retraining process is outlined in clause 9.3; or
        3. Severance - Terminate the employment by giving three months' notice. In addition the Board shall pay the principal a lump sum payment equivalent to:
            • Three months' ordinary pay (basic taxable salary) where the principal has up to three years' service;
            • Four months' ordinary pay (basic taxable salary) where the principal has over three years' and up to five years' service;
            • Six months' ordinary pay (basic taxable salary) where the principal has five years' (and over) service.
          Provided that if the principal, following disestablishment of her/his position, commences permanent employment in a state or state-integrated school before the expiry of the period in respect of which the payment was made (i.e., three months, four months, or six months), the principal shall refund the portion of the severance payment which represents the difference between the period in respect of which the payment was made and the number of weeks without employment.
        4. Long Service Payment - Subject to clause 9.4 where the principal has 25 years' service or more she/he may elect to be paid a lump sum of six months' ordinary pay (basic taxable salary) plus one weeks' ordinary pay for each complete year of service. The maximum amount payable under this clause shall not exceed salary for one year.

      9.8 Where a principal is appointed to a position which has lower remuneration than the position held at the time of disestablishment, they shall receive salary protection at the principal’s previous salary (i.e. school roll and staffing based components only) for a period of one year from the date of disestablishment.

      9.9 Employment Protection Provisions

      9.9.1 ‘Restructuring’ is given the same definition as in section 69OI of the ERA 2000 and includes:

        1. Contracting out; or
        2. Selling or transferring the employer’s business (or part of it) to another person;

      but excludes mergers, and school reorganisations as described in clauses 9.7 and 9.8.

      9.9.2 Where work undertaken by an employee covered by this Agreement will be, or is likely to be, undertaken by a new employer (whether or not the new employer is an “employer” defined in 1.4.3 the employer will notify the National Office of NZEI Te Riu Roa where the employee affected by the restructuring is a member of the union. In such circumstances the employer will meet with representative(s) of the union to:

        1. identify the issues the employee wishes to have considered by the new employer;
        2. ensure that all current terms and conditions of employment of the employee are accurately recorded; and
        3. determine the process by which communications to/from the employee will be conducted.

      9.9.3 The employer will encourage the new employer to agree to the involvement of the union(s) in the processes described in clauses 9.9.4 and 9.9.5 below

      9.9.4 Having completed the process described in clause 9.9.2 above, the employer will meet with the new employer to:

        1. provide the new employer with details of the work currently performed by the employee concerned together with details of the terms and conditions of her/his employment; and
        2. seek a proposal for the employment of the affected employee by the new employer, including clarification of the terms and conditions upon which that employee would be offered employment by the new employer.

      9.9.5 The following shall be matters for clarification under clause 9.9.4(b) and again should be read in conjunction with the surplus staffing provisions of this Agreement.

        1. the number and type of positions that may be offered by the new employer to the employee affected by the restructuring;
        2. the terms and conditions of employment to be offered to the employee (including whether the employee will transfer to the new employer on the same terms and conditions of employment);
        3. the arrangements, if required, for the transfer of any accrued benefits and entitlements in relation to those employees;
        4. the arrangements, if required, for when and how offers of employment are to be made to the employee and the mode of acceptance, including whether any offers of employment made by the new employer will be conveyed through NZEI Te Riu Roa.

      9.9.6 Where an employer sells or transfers the business (or part of it) to another person; and the employee does not transfer to the new employer, the employee will be entitled to access the surplus staffing provisions in Part 9, clauses 9.1 to 9.8 of the Agreement. An employee engaged for a fixed term of employment shall not be entitled to the surplus staffing provisions.