Keeping the faith
The role of the employer
ERA awards $150,000 to sacked Rangiora High School principal Peggy Burrows
Roadmap
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Introduction
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NZSTA operating model
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What’s the law?
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Who is the employer?
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Good employer
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What does “good” mean?
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The red line
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Predictability
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Recruitment and appointments
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Performance management
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Difficult conversations
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Disciplinary situations
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Managing complaints/issues
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HR self-audit
Presenter bio
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Principal Adviser, Employment / Acting Operations Manager
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Employment Lawyer
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ER Professional
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HR Manager
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National Manager
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Police officer
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Coach
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Board member
NZSTA operating model
• Preventative strategy
• Triaging of calls for service
• Three levels of service
• 7 person in-house employment and legal team at National Office
• 18 advisers based in ‘hubs’ or sub-hubs’(Whangarei, Auckland,
Hamilton, Palmerston North, Wellington, Christchurch and
Dunedin)
• Case management approach
The law
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Education Act 1989
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State Sector Act 1988
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Employment Relations Act 2000
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Human Rights Act 1993
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Privacy Act 1993
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Vulnerable Children Act 2014
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Health and Safety at Work Act 2015
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Official Information Act 1982
The Education Act 1989
4. Board is governing body of the school
(1) A board is the governing body of the school
(2)
A board is responsible for the governance of the school, including
setting the policies by which the school is to be controlled and
managed.
(3)
Under section 76, the school’s principal is the board’s chief
executive in relation to the school’s control and management.
6. Staff
Subject to Parts 8A and 31, a board may, in accordance with the State
Sector Act 1988, appoint, suspend, or dismiss school staff
Education Act 1989, Schedule 6
Who is the employer?
• The board is the legal employer of all school staff however day-today management of staff is normally delegated to the principal.
‘Good’ employer
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Defined in statute (State Sector Act 1988, section 56 and 77A)
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Must operate a personnel policy that contains provisions requiring:
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good and safe working conditions; and
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an equal employment opportunities programme; and
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the impartial selection of suitably qualified persons for appointment (except in
the case of ministerial staff); and
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recognition of—
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the aims and aspirations of the Maori people; and
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the employment requirements of the Maori people; and
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the need for greater involvement of the Maori people in the Public Service; and
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opportunities for the enhancement of the abilities of individual employees; and
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recognition of the aims and aspirations and employment requirements, and the
cultural differences, of ethnic or minority groups; and
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recognition of the employment requirements of women; and
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recognition of the employment requirements of persons with disabilities.
What does ‘good’ actually mean?
• Be lawful in what you do
• Provide a good, safe working environment
• Treat them fairly
• Value them
• Be consistent in your actions
• Provide opportunities for them to grow
• How would I like to be treated?
Keeping your head above the red line
Set performance standards /
expectations (Performance
Appraisal)
Train, Coach and Mentor
Identify performance issues
Informal performance management
Formal performance
management
Conflict
Disciplinary action
Sick Leave
Personal grievance
Exit
Predicting employment problems
• Employment issues are generally predictable
• Main issues come from recruitment, poor management and
personality conflicts.
• The first two are predictable so are therefore the easiest to prevent
Recruitment
• A poor appointment will mean cost, time, conflict and
reduced learning outcomes
• Due diligence
• Robust interview process
• Proper checks
• Recruitment Management System
• Vetting – what needs to be done?
Performance management
• Who is responsible for what?
• High performing staff have great leadership and have all the
support they need. As a result, they are engaged with the
organisation
• There must be clear objectives linked to strategic goals as well as
professional development objectives linked to school goals and
the principal career structure
• There must be an annual performance review but there should
also be progress meetings along the way. Do you do this yourself
(as a Board) or do you contract out?
Difficult conversations
• Not courageous or fierce – difficult
• Put some structure around the conversation
• DESC(L)
• Describe the action
• Explain the effect
• Specify the behaviour
• Explain the consequences
• Listen to the explanation with an open mind
Disciplinary situations
• Process, process, process
• Good faith and natural justice
• Try to avoid taking a position – this shouldn’t be an adversarial
process
• Be open minded – often there is a plausible explanation
What if it’s not working?
• What if, despite your best endeavours, the performance, process
or relationship is not recoverable?
• Delays, sick leave, litigation!!
• Languishing below the red line
Managing complaints or issues
• Invariably, there will be some issues
• Seek advice early because delay = $$$$$
• NZSTA can provide templates, guidance and face-to-face
specialist assistance
• The OIA as a weapon
HR self-audit
• How effective are your processes?
• What is the risk to the board?
• How do you mitigate that risk?
• Are you an exemplar?
Contact details
• Advisory and Support Centre
0800 STA HELP (option 2)
(0800 782 435)
[email protected]
Monday to Thursday
8am to 8pm
(except school holidays)