4.8.1 The following provisions including Appendices A and C shall not apply to any fixed term employee. The provisions in relation to staff affected by a merger of two or more schools are set out under Appendix C and any provisions in 4.8 will only apply where they are specifically provided for in that Appendix.
4.8.2 Except as specifically provided, neither part 4.8 nor Appendix C shall apply to a groundstaff employee employed under the provisions of the NZ Education Services Grounds Keeping Staff Award as at 30 April 1992 and who has continued to retain the redundancy provisions as set out in Appendix A of this agreement. Where such as employee is involved in a merger as per Appendix C, the entitlements as set out under Appendix A subclauses 8-11 shall apply superseding the entitlements under 4.8.11 below, but otherwise (including partial redundancy) Appendix C shall apply.
4.8.3 A redundancy situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer’s operations because of, for example:
- the reorganisation or review of work;
- a change in plant (or like cause) relevant to the individual employee’s employment;
- change of status or closure of the school; or
- contracting out of the employee’s work (see 4.9 below).
4.8.4 The employer shall, at least six weeks prior to issuing notice of termination, advise any affected employee(s) and their union, where an affected employee(s) is a member of the union, of the possibility of a redundancy situation within the school.
4.8.5 The period of notice is to allow time for discussion between the employer and the employee(s) of the reasons for the possible redundancy situation and to determine whether this surplus can be absorbed by attrition. The employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining.
4.8.6 If the required number of positions cannot be achieved through attrition (refer 4.8.5 above) and a redundancy situation still exists the employee(s) who is identified as redundant shall be given a minimum of one month’s written notice of termination of employment.
4.8.7 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld.
4.8.8 In the event that a reasonable offer of employment is made the employer’s responsibilities under these provisions shall be fulfilled. A reasonable offer of employment shall constitute an offer of employment that:
- is in the same location, or in another state or integrated school within reasonable commuting distance providing that school is the employer; and
- has comparable duties and responsibilities; and
- has terms and conditions that are no less favourable
providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period.
4.8.9 If the offer of employment referred to in 4.8.8 above is not a reasonable offer by reason that it is not available to be taken up by the employee before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the employee. Under these circumstances the offer shall be deemed to be reasonable.
4.8.10 In the event of a school closure, the employee may be made an offer of employment prior to the disestablishment of the position at another state or integrated school. This offer may be to a lower graded position to that previously held (as described under Appendix C 8.6) or to a position with reduced hours (as described under Appendix C 8.7) and may incorporate either the equalisation allowance or the partial redundancy provision as provided for in Appendix C. Where the employee accepts such an offer the employer of the closing school’s responsibilities under 4.8.11 below shall be fulfilled. Where the employee does not accept such an offer, the provisions of 4.8.11 shall apply.
4.8.11 Except as provided in 4.8.10 above where a reasonable offer of employment is not made before the expiry of the notice of termination period the employee will be entitled to redundancy pay calculated as follows:
- Six weeks pay for the first year of service and two weeks pay for each subsequent year or part thereof to a maximum of 30 weeks in total.
Note 1 – this is calculated on current gross weekly earnings as at the last day of service or on average gross weekly earnings over the previous 12 months service, whichever is the greater.
Note 2 – for the purposes of the redundancy calculation ‘service’ means the aggregate of the employee’s employment with any state or integrated school, provided that no period of service that ended with the employee receiving a redundancy or severance payment shall be counted as service.
Note 3 – an employee with less than one years’ service shall receive a pro-rata payment.
- All holiday pay and wages owing.
4.8.12 A work reference or record of service shall be provided on the employee’s request.
Last reviewed: Has this been useful? Give us your feedback