Paparoa Street School
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The poari matua has set processes for ending employment that comply with employment agreements and the requirements of the Employment Relations Act 2000. Paparoa Street School is committed to acting in 
good faith in all aspects of the employment relationship, including ending employment. We follow a fair and reasonable ending employment process.
We expect kaimahi to act in good faith until the end of their employment. This includes being responsive and communicative, and following any reasonable instructions given by the kura. Some provisions of the employment agreement will remain in force after employment ends (e.g. confidentiality requirements). Kaimahi whose employment is ending may choose to seek union support or legal advice.
The poari matua has a duty to act independently in employment decisions about individual kaimahi (Education and Training Act 2020, s 602). The Ministry of Education cannot advise boards or kaiako on employment issues.
Reasons for ending employment
Resignation
A kaimahi may end their employment at any time by giving notice. The amount of notice and other conditions required to end employment are set out in their employment agreement. Where both the kaimahi and kura agree, the notice period may be longer or shorter than the notice specified in their employment agreement. The kura has discretion to manage circumstances where it is not possible for the kaimahi to give the required notice.
If a kaimahi withdraws their resignation, we are not obliged to accept their resignation and may choose to respond in writing.
Retirement
Our resignation process applies to all retirements. Kaimahi are required to give the same amount of notice for retirement as for other resignations.
Kaimahi may be eligible for medical retirement if provided by their employment agreement. Eligible kaimahi must apply for medical retirement before resigning.
Dismissal
The poari matua will only dismiss a kaimahi with proper justification. If dismissal is necessary, the poari matua acts fairly and reasonably and complies with the relevant employment agreement, including protecting the dignity and mana of our kaimahi, and advising them of their right to seek support and representation. The poari matua ensures it has followed appropriate performance management or concerns and complaints processes before dismissing a kaimahi. See Performance Management and Concerns and Complaints Policy.
Serious misconduct may result in instant dismissal.
Surplus staffing due to reduction in staffing entitlement
Employment may end due to a reduction in staffing entitlement, including when the kura disestablishes positions. The poari matua follows a fair procedure before ending the employment of a kaimahi, including following the provisions of their employment agreement, and complying with Ministry of Education requirements for redeployment. The kura seeks support on surplus staffing from the Ministry as needed. See Manage surplus staffing if you have an entitlement staffing reduction 
(Ministry of Education).
Kura procedures for ending employment
On receiving notice of resignation, Paparoa Street School acknowledges the resignation and confirms the notice period and last day of work. We undertake any administrative tasks associated with ending employment (e.g calculating the final pay, updating kura records, and arranging the return of all kura property).
We may organise a farewell and/or gift, as appropriate.
Reporting
We are legally required to report to the the Teaching Council of Aotearoa New Zealand under certain circumstances where employment has ended. For other complex situations, Paparoa Street School may seek external support or advice (e.g. NZSBA, legal advisor).
(For employment conditions, see relevant employment agreement) Hei mihi | Acknowledgement SchoolDocs appreciates the professional advice of the Anderson Lloyd legal team (Dunedin) in reviewing this policy. |
