Making Appointments
Introduction
Sound appointment processes are fundamental to a good school. Adopting
proper policy and processes will, in most cases, ensure that a principal and
board can honestly say they appointed the most suitable person for the
position.
The issues raised below will give principals enough information to help
the board act in a professional manner when making appointments at every
level.
Relevant
Legislation
Principals should ensure the board of trustees has a clear understanding
of its legal obligations, and is aware of all relevant employment agreements.
The
Employment Relations Act 2000 (ERA)
Fixed term agreements (ss66)
The Employment Relations Act places constraints on the use of fixed term
agreements. There need to be genuine reasons based on reasonable grounds for
schools to appoint staff on a fixed term basis. This includes both full time
and part time positions. The exact wording of the Act is now in all the
collective agreements. If you are not certain whether a position is a genuine
fixed term position seek advice from NZEI and NZSTA before making the
decision.
The ERA contains compliance provisions for ss77A and 77D of the State
Sector Act which require adherence to the requirements of being a good
employer, and operating equal opportunities policies and programmes.
Inappropriate appointment processes can leave the school
liable for some allowances and entitlements particularly in a surplus staffing
situation.
The State Sector Act
1988
The State Sector Act requires that the person best suited to the position
be appointed. The Act also requires advertising (as do the primary teachers
and support staff collective employment agreements) for most positions. 
http://www.nzei.org.nz/teachers_primary_area/pay&conditions.htm
Other legislation to know about:
- Human Rights Act
- Race Relations Act
- Private Schools Conditional Integration Act
- Education Act
- Official Information Act
- Privacy Act
- Parental Leave & Employment Protection Act
- Local Government Official Information and
Meetings Act.
School Charter
This has the effect of an undertaking by the school board to the Minister of
Education that what is set out in the charter will be achieved.
Teacher Registration
Registration is a legal prerequisite for appointment to teaching positions.
Boards of trustees should employ only registered teachers in teaching
positions.
Registration does not apply to support staff but boards must be sure as
far as possible that applicants considered for positions are of good
character. Guidelines should indicate
requirements for character references and referees' statements.
Police Vetting
Obtaining a police vet is now a mandatory requirement before appointing
support staff. See employment
of support staff for more details.
Permanent Appointments
All permanent positions, including part time positions, and positions of at
least one year's duration must be advertised (nationally for teachers).
Failure to do this is a breach of the employment agreement and may affect
Ministry funding of the position in certain circumstances.
Fixed Term
Appointments
Where the school is making a fixed term appointment the letter of
appointment must also state:
- The salary
- The reason
for the fixed term
- The way in
which the appointment will end i.e. at the end of a specified time or
project or on the occurrence of a specified event.
This process is outlined in both the Primary Teachers, and the Support
Staff Collective Agreements. 
Click
here to view draft letters of appointment for both permanent and
fixed term appointments.
Notice of Term for Fixed Term Units
Teachers receiving fixed term units should be advised in writing of either
the period of time the unit is allocated for or the particular assignment or
tasks to be undertaken for which the fixed term unit has been allocated.
Appointments
Policy
What is an Appointments Policy?
An appointments policy consists of agreed guidelines for personnel planning,
budgeting, recruitment, selection and appointment procedures.
The board of trustees is responsible for adopting, publicising and
monitoring the appointments policy which should be written in consultation
with the principal, staff and parents.
The policy will provide guidance in making appointments and monitoring
outcomes, not only of the appointments made but also of the process used.
Being a Good Employer
The board must abide by the "good employer" principle (State
Sector Amendment Act 1989, s.77A(1)).
A good employer is committed to applying equal employment opportunity
principles in planning for the recruitment, selection and appointment of
staff (State Sector Amendment Act 1989, s.77D).
A good employer recognises:
- the
employment requirements of women, Māori and persons with disabilities;
- the aims
and aspirations of Māori and of ethnic
and minority groups
- cultural differences of ethnic and minority groups.
Equal Employment Opportunities
Equal employment opportunities are the result of planned policies and
procedures to ensure the 'best person for the job' is employed and that
opportunities for development, training and promotion are available without
discrimination or prejudice.
Your school's equal employment opportunities policy will be a base
document for your school’s appointments policy.
While job specifications and advertisements must be written in race and
gender neutral language, they can include specific requirements - for example
the person is required to be fluent in and able to teach te reo Māori; or be able to act as a role model
in a leadership position.
Who
Appoints Staff?
Delegation
The board of trustees approves all appointments unless the power to appoint
has been specifically delegated. The board may delegate responsibility for
selection to the principal or to an appointments committee.
The appointments policy should specify the positions for which authority
to appoint is delegated, and the person/s to which that authority is given,
and reasons for the delegation. (Education Act 1989, s.65(1) State Sector
Amendment Act 1989, s77E)
In delegating responsibility the board must ensure that:
- each
appointment is in keeping with the school charter-mission statement,
principles, goals and objectives - in other words, its policy and its
legal obligations
- the principal is included in the selection process.
Boards of primary schools may delegate authority to principals to appoint short-term
relieving teachers and make temporary appointments.
The
Appointments Committee
Interview Panel
The appointments policy should state who should be included on interview/ appointments
panels for specific positions.
The status of panel members should be made clear at the beginning - that
is, whether they are on the panel as advisers only or as full participants.
The panel's size and composition should allow the applicant to feel at
ease and permit each panel member to ask and follow up assigned questions. An
interview panel of more than four persons is generally regarded as too large.
However, some boards may choose to use a larger panel.
The interview panel should include:
- representatives
of parent and community interest
- professional
expertise
- gender and
ethnic balance
- the staff
representative or agreed substitute
- a person qualified to assess language fluency and
knowledge of cultural traditions when these are requirements of the job.
Consultation
When should the community be involved in appointments? The interview panel
needs to be well informed of parent and community interests. Consultation in
accord with board policy is helpful when planning for the appointment.
If the proposed appointment has Māori requirements, guidance should be sought from Māori parents and community. The board should seek advice on Māori representation on the appointments committee and interview panels. The
following people and groups may be able to assist and advise the appointments
committee and board: parents and kaumatua, local kohanga reo and marae committees, churches, Māori teachers, Resource
Teachers of Māori, and Māori advisers.
Staff Involvement
All staff should be given the opportunity to participate in the appointment
process. This is usually by assisting in the development of the job
description and person specifications. It is accepted that the staff
representative on the board of trustees will be a member of the appointments
committee.
Professional Advice
For senior positions, such as the appointment of a new principal, most boards
seek professional advice from outside. The 'professional adviser' may be a
principal, a teacher or another member of the teaching profession. Such a
person will be involved on the appointments committee as an adviser and a
non-voting member. The role of the adviser is simply that, an adviser. If the
person providing advice is unhappy with that status, they should withdraw
from involvement in the appointment.
Advertising
Vacancies
What to Include
Advertisements should state requirements for the position in a way likely to
attract the widest range of applicants.
Description of position: school, location, type or grade of
position.
Allowances attached to the school or position, eg the staffing incentive allowance, isolation allowance, priority teacher
supply allowance, special duties increment allowance, or the Māori immersion teachers' allowance.
School housing and any other benefits detailed.
Closing date: this is usually three weeks from the date of
publication.
Whether the appointment is permanent
or fixed term, and the reason.
The requirements for referee statements can be included in advertisements,
or advised later.
The advertisement can be published in Māori or other appropriate language.
Networks
If a person with particular qualities is sought, using the community networks
to publicise the vacancy may attract suitable applications - for example, iwi
authorities, Māori Women's Welfare League, marae committees,
Pacific
Island
groups, local media
including radio, local women's groups.
Information Packs
Prospective applicants should be sent a comprehensive information pack which
could contain the following:
- information
booklet
- application
form
- school
profile
- criteria
for appointment
- job
description
- person
specification
- timeline for appointment.
Interviewing
Expenses
Boards need to consider reimbursement of expenses for interviews, including
travel costs. Provision for these should be made in the annual budget.
Expenses should be discussed and agreed with short-listed applicants
before they come to an interview.
Core Questions
It is useful to send short-listed applicants a set of core questions. This
will help the applicant feel comfortable and ensure there is consistency in
the questions asked with the opportunity for considered responses.
Conducting Interviews
The main purpose of an
interview is to confirm that an applicant has the required knowledge, skills
and willingness to contribute and fit into the school. The interview also
allows an opportunity for the applicant to gain additional information about
the position, and the school.
A welcoming
environment includes ensuring:
·
Someone is on hand to
receive the applicant on arrival
·
An appropriate waiting
area is provided with access to facilities
·
A roomy, well-lit and
ventilated interview venue is prepared with comfortable seating arranged to
enable each person to have eye contact with every other person
·
Water and refreshments
as appropriate, are available.
The interview
process should allow the applicant to display their skills and
experience. Some important
considerations include:
·
keep to time and be
prepared
·
be friendly and
courteous
·
ask questions clearly
·
don’t interrupt
·
ask specific,
thought-provoking questions – avoid yes/no questions
·
stay focused, while
being flexible enough to follow up an interesting relevant statement
·
take good notes
·
obtain all the
information needed before ending the interview – if necessary, review
the notes with the applicant
·
thank the applicant
for their time.
Discrimination on the basis
of race, marital status, sex, religion or disability is not legal. Ensure the questions asked will stand a
test of discriminatory bias.
Collective Agreement and Starting Salary
As soon as a decision has been made, a discussion should take place and
agreement reached on the appropriate salary level of the successful
applicant. The collective agreements should be used to determine the salary
for all new employees. In practice for teachers and Principals this is done
by School Support.
For the first 30 days of employment new employees who are not union
members must be advised of the existence of and be employed on the terms and
conditions of the appropriate collective agreement. During that time the
employee must decide whether to join the NZEI and remain on the collective
agreement, or take the option of signing an Individual Agreement. Union
members are automatically covered by the collective agreement. See employment of support staff for more details. There are requirements in the Employment Relations Act if
an individual employment agreement is offered and standard information
requirements that employers must provide to all employees on appointment.
NZEI has produced a card that can be given to new staff to inform them of
these requirements on appointment. To see card click here.
Special Character Schools
For schools designated as having special character, specific arrangements
must be made in regard to advertisements, shortlistings,
and the appointment committee. Special legislative requirements apply.
Kura
Kaupapa Māori
Consultation with whanau and community should establish the processes within the
parameters of the legal requirements.
Whanau/Friend Support
Shortlisted applicants should be informed of their
right to be supported by their whanau or a friend. Clarification of these
arrangements should be made before the interview.
Referees' Statements
Referees' statements are statements about the applicant's ability and
character. Specific comment may be requested about the applicant's strength
in relation to the duties of the position and the appointment criteria.
Each referee's statement requested must be considered. Each request should
outline what is required of the referee. Providing referees with a standardised format will help in evaluating the
information.
Referees' statements should be requested only for shortlisted applicants.
Boards may seek statements from other people including previous employers
only if the applicant has given permission on the application form (Privacy
Act). If additional referees are nominated by an applicant, the
appointments committee has an obligation to consider their statements.
Telephoning for referees statements' needs to be carried out very
carefully. A standardised format and more than one
person listening to responses and reporting back to the appointments
committee should ensure unbiased reports.
Confidentiality
All information regarding the appointment should be kept confidential to the
board at all stages of the process, until employment has been accepted. A
planned announcement should be made about the new appointment. All papers
should be kept securely for a short while in case some sort of action is
initiated by an applicant. They should then be returned (as agreed) to the
applicants or destroyed.
The Privacy Act must be adhered to. Click here to view.
Newly
Appointed Staff
Performance Agreements for Newly Appointed Principals
The Principals' Agreement requires the board to prepare an annual performance
agreement containing objectives and processes and criteria for assessment of
the principal's performance. These agreements should be put in place as soon
as practicable in order to ensure the needs of the school and the principal
are met.
Other staff
Other staff should be fully aware of the part they play in achieving the school's
aims and objectives. Principals should work with all staff to develop agreed
personal goals relating to job descriptions.
Induction Programmes
Newly appointed staff (including support staff) should be given the
opportunity to take part in and discuss a planned series of activities that
introduce them to the policies, procedures and personnel in the school.
Principals should take the opportunity to make themselves known to the
principals in neighbouring schools as soon as possible. Neighbouring
principals can provide useful support to newly appointed colleagues.
Provisionally registered teachers must be supported by an appropriate
advice and guidance programme. Schools receive an additional staffing
allowance for this purpose during the teacher's first year. Tutor teachers
supporting beginning teachers may be entitled to an allowance (click here to
access the primary teachers collective agreement)
Congratulations Card from NZEI Te Riu Roa
The Congratulations Card does three things it informs the new employee that they may join the Collective Agreement that has been negotiated by NZEI Te Riu Roa. This card can also be used to get information on details of the Agreement. Or, it can be used to indicate if they are already a NZEI member. For a copy click here.
A Summary of the
Process
Resignations
- Resignations
are received by the board of trustees.
- The
required period of notice is set out in the employment agreement. This
can be reduced by the mutual agreement of all parties.
Planning a New Appointment
- Every board
member must be made aware of the process and timeline to be followed and
the obligations of the board.
- Everything
about the appointment should be kept confidential.
Job Description
- Is it up
to date?
- Is it
ready to be sent out?
- If not,
who has responsibility for this?
Advertising the Vacancy
- Employment
agreement and legal requirements must be adhered to.
- An
information pack should be ready for sending to applicants.
- The
closing date should be noted.
Shortlisting
- School policy should clearly state who is involved and what the process is.
- Interview expenses - these should be paid to the interviewees.
- Core questions will assist the board and the applicant.
Interviews
- The
make-up and size of the interview panel will be guided by the appointments
policy. A panel of more than four persons is generally regarded as too
large.
- The
applicant may wish to have the support of whanau or friend at the
interview.
- The
interview schedule should be adhered to and should allow for a gap
between each interview.
- It may be
appropriate to hold the interviews off-site.
- Applicants
should be made to feel welcome and at ease. While the panel needs to
gain information, it shouldn't be an interrogation.
- Opportunities
for applicants to ask for information should be provided.
Referees
- Specific
comment should be requested about the applicant's strengths in relation
to the duties of the position and the appointment criteria.
- Written
statements should be considered.
- Telephone
references should only be used according to an agreed process.
- Confidentiality
must be respected at all stages.
Decision
- The full
board is responsible for the final decision. The decision must be
"owned" by all board members and recorded in board minutes.
Job Offer
- Agreement
with the successful applicant should be reached about the appropriate
starting salary.
- The
starting date should be negotiated.
- The
induction programme should be discussed and agreed.
- All of these
matters should be confirmed in writing.
Administration
- Unsuccessful
applicants should be given early notification.
- A report
on the appointment should be provided to the board of trustees.
- Two copies
of the letter detailing the job offer (and timeframe if it's a relieving
or short-term position) should be sent as soon as possible; one should
be returned and signed and dated by the person accepting.
- If a
review of the process is requested, it should be granted.
- The EEO
Report should be written and endorsed by the board.
