1. Keeping the faith The role of the employer

2. Parents furious over principal’s sacking
ERA awards $150,000 to sacked Rangiora High School principal Peggy Burrows

3. Roadmap Introduction NZSTA operating model What’s the law?
Who is the employer?
Good employer
What does “good” mean?
The red line
Predictability
Recruitment and appointments
Performance management
Difficult conversations
Disciplinary situations
Managing complaints/issues
HR self-audit

4. Presenter bio
Principal Adviser, Employment / Acting Operations Manager
Employment Lawyer
ER Professional
HR Manager
National Manager
Police officer
Coach
Board member

5. 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

6. The law Education Act 1989 State Sector Act 1988
Employment Relations Act 2000
Human Rights Act 1993
Privacy Act 1993
Vulnerable Children Act 2014
Health and Safety at Work Act 2015
Official Information Act 1982

7. The Education Act 1989 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.
Under section 76, the school’s principal is the board’s chief executive in relation to the school’s control and management.
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

8. Who is the employer?
The board is the legal employer of all school staff however day-to- day management of staff is normally delegated to the principal.

9. ‘Good’ employer
Defined in statute (State Sector Act 1988, section 56 and 77A)
Must operate a personnel policy that contains provisions requiring:
good and safe working conditions; and
an equal employment opportunities programme; and
the impartial selection of suitably qualified persons for appointment (except in the case of ministerial staff); and
recognition of—
the aims and aspirations of the Maori people; and
the employment requirements of the Maori people; and
the need for greater involvement of the Maori people in the Public Service; and
opportunities for the enhancement of the abilities of individual employees; and
recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and
recognition of the employment requirements of women; and
recognition of the employment requirements of persons with disabilities.

10. 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?

11. 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

12. 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

13. 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?

14. 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?

15. 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

16. 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

17. 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

18. 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

19. 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?

20. Contact details Advisory and Support Centre 0800 STA HELP (option 2)
( )
Monday to Thursday
8am to 8pm
(except school holidays)