Complaints, Discipline, Suspension
Introduction
Principals sometimes have to manage complaints about staff from parents
and community. A clear and comprehensive school policy and good internal
processes are essential in order to handle them well.
The Teachers Council also receives complaints from the public.
Generally those complaints are referred to the school, and the school is
required to report back to the Council on its response to the complaint.
Regularly review the policy with staff and the board of trustees to
ensure that the policy and how to carry it out is agreed and well
understood by everyone.
First steps
When complaints arrive they must be handled with care and sensitivity -
and promptly. Every effort should be made to understand and resolve parent
concerns.
Confidentiality
The Privacy Act requires
that matters such as complaints must be processed confidentially. Staff
need to be confident that any discussion will follow a fair and open
process which ensures that natural justice prevails.
Low key resolution
Most complaints will be
able to be resolved by discussion between the principal and staff member
concerned without needing to take the matter any further. Try to resolve
complaints in this manner in the first instance.
Representation
Staff members have the right
to be represented or supported by their union, colleagues or friend, at
any time throughout the process.
Action on a complaint
The principal has the main responsibility for deciding what course of
action to take to resolve complaints. The following principles apply:
- all complaints should be acknowledged
- all complaints, including any about the principal,
should be referred directly to the principal
- the principal may receive personally presented verbal
complaints
- the principal should ask for the complaint to be put in
writing
- written complaints should be signed by the complainant
- unsigned or anonymous complaints should be disregarded
- parents, community and staff need to understand the
school policy on complaints.
Employment agreement provisions and the State Sector
Act
The provisions of employment agreements must be followed at all times.
Remember that:
- the actions of employers, including those of principals
acting as representatives of employers, are subject to scrutiny through
the personal grievance process
- boards are required to operate personnel policies that
ensure fair treatment for employees and provide good and safe working
conditions
- the requirement to provide good and safe working
conditions includes a responsibility to protect staff against malicious
and unfounded allegations.
Good employers will develop policy to guarantee fair treatment to
employees which:
- is protective of the staff's good name and professional
standing
- maintains a school climate within which staff can work
confidently
- ensures appropriate action to resolve concerns
- is consistent and open so that whatever the complaint,
staff know how it will be dealt with.
Where a complaint is about a teacher's performance, competency
processes in the collective agreement should be followed. Click here for the chapter
on Teacher Competency.
Documenting complaints
During the process, all actions must be documented. The documentation
must be sighted and signed by all parties to give confidence that
procedures are being followed in a fair manner. All documentation needs to
remain secure during the process.
Agreement may be reached whereby all documentation is either:
- given to the teacher at the end of the process or
- destroyed at the end of the process.
Agreement needs to be reached on when written or oral warnings are to
be removed from personal files.
Where it is necessary for a principal to report to the board, this will
be done in committee.
Suspension/Dismissal
When alleged conduct is deemed sufficiently serious the board may
decide to suspend the staff member. This would only occur if the principal
and board had been unable to resolve the issue without a formal
investigation by the board, or if the safety of any of the parties
involved is at risk.
The principal cannot activate a suspension without informing and
reporting to the board. The board makes the formal decision.
Suspension may act as a safeguard for all parties and create a space
where a formal investigation can be conducted with fair process. NZEI Te
Riu Roa would expect the suspension of any member to be on full pay.
Finishing the Process
All parties need to acknowledge that there is an end point to the
process. Confidentiality must be maintained. It may be appropriate for the
parties to have the continued support of NZEI counsellors to assist them
in the healing process. Often there will be hurt feelings and anxiety that
need to be acknowledged and assuaged so that the best interests of the
school are upheld.
Mandatory Reports to the Teachers Council
Employers must report dismissals of teachers/LATs to the
Teachers' Council, including resignations that occur within 12 months of
the employer advising the teacher that it was dissatisfied with, or
intended to investigate, any aspect of the conduct of the teacher, or the
teacher's competence. They must also report to the Teachers Council if
they receive a complaint about the teacher's conduct or competence within
12 months after he or she has left, or if they have reason to believe the
teacher has engaged in serious misconduct, or it they are satisfied that,
despite undertaking competency procedures, the teacher has not reached the
required level of competence.
Click here for more information from the Teachers Council.
See more details under Common Legal Issues about
the provisions which are part of the Education Act.
Employment agreement provisions
- Primary Teachers', Deputy Principals', Assistant
Principals' and other Unit Holders' Collective Agreement (clause 3.4).
*
- Kaiarahi I te reo (et al) Collective Agreement
(clauses 5.8 and 5.9). *
* http://www.nzei.org.nz/teachers_primary_area/pay&conditions.htm
These collective agreements state the following:
- If the alleged conduct is deemed sufficiently serious an
employee may be either suspended with or without pay or transferred
temporarily to other duties
- The employer shall not, unless there are exceptional
circumstances, suspend the employee without first allowing the employee
a reasonable opportunity to make submissions to the employer about the
alleged misconduct and the appropriateness of suspension in all of the
circumstances. The employer shall take into account any submission made
by the employee before determining the matter of suspension
- The employer shall use its best endeavours to ensure
that the period of suspension is kept to the minimum possible time
consistent with ensuring that the allegations of misconduct are properly
investigated and that the employee is treated fairly at all times
- If the allegation that led to suspension is without
substance the employer shall be reinstated effective from the date of
suspension.
Instant dismissal
Nothing in sections 3.2, 3.3 or 3.4 prevents instant dismissal without
notice in the case of serious misconduct [Primary teachers' et al
agreement].
Nothing in sections 5.8 and 5.9 prevents instant dismissal without
notice in the case of serious misconduct [Kairahi i te reo et al
agreement].
Support Staff in Schools Collective Agreement
2001-2003
The agreement states that:
7.13.1 The following principles are to be
followed when dealing with disciplinary matters:
- The employee must be advised of the right to request
representation at any stage.
- The employee must be advised in writing of the specific
matter(s) causing concern and be given a reasonable opportunity to
provide an explanation. Before making a final decision the employer may
need to make further inquiries in order to be satisfied as to the facts
of the specific matter(s) causing concern.
- The employee must be advised of any corrective action
required to amend their conduct and given a reasonable opportunity to do
so.
- If the offence is sufficiently serious the employee is
to be placed on suspension with or without pay pending further inquiry
under (b).
- The process and any disciplinary action are to be
recorded, sighted and signed by the employee and placed on their
personal file.
- The provisions in Part 8 explain the processes available
under the Employment Relations Act 2000 to any employee aggrieved by any
action of their employer taken under these provisions.
Nga Korero Me Nga Tikanga
The following agreements contain a discretionary option that enables a
principal and staff member to agree to deal with a complaint, depending on
its nature, by having it heard in a Māori context and manner.
- The Primary Teachers', Deputy Principals',
Assistant Principals' and other Unit Holders' Collective Agreement
2001-2003 (c 3.2)
- Support Staff in Schools Collective Agreement
2001-2003
- Kaiarahi I te reo, Assistants to teachers of Students
with Severe Disabilities and Special Education Assistants' Collective
Agreement (c 5.8.2)
This means that:
- meetings can be held on a marae
- there can be whanau support
- guidance and advice is often provided by kuia and
kaumatua for all concerned.
Any resulting agreement is to be signed by both parties or their
representatives and placed on the staff member's file. Any agreement will
have a time limit for removal. Either party may withdraw from the process
at any time and may decide to follow the procedures as set out in the rest
of the action. This must be notified in writing to the other party. A
decision to withdraw from the process will not of itself give rise to a
claim of procedural unfairness or deficiency.
Key points in handling complaints
- The following flowchart offers a logical sequence in
dealing with complaints - but it must be read in conjunction with the
relevant collective agreement.
- When disciplinary procedures are invoked, staff must be
told the improvement required, be given reasonable
opportunity/assistance to achieve it, and advised of the consequences if
the problem continues
- Confidentiality should be maintained throughout the
process
- School policy should clearly state the process
- Staff have the right to be represented or supported by
their union, a colleague or friend at all stages in the process.
Helpful resources
http://www.nzei.org.nz/
http://www.teacherscouncil.govt.nz
http //www.nzsta.org.nz/
