Ending Employment

The board has set processes for ending employment that comply with employment agreements and the requirements of the Employment Relations Act 2000. St Joseph's 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 staff members 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 school. Some provisions of the employment agreement will remain in force after employment ends (e.g. confidentiality requirements). Staff whose employment is ending may choose to seek union support or legal advice.

The board has a duty to act independently in employment decisions about individual staff members (Education and Training Act 2020, s 602). The Ministry of Education cannot advise boards or teachers on employment issues.

Reasons for ending employment

Resignation

A staff member 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 staff member and school agree, the notice period may be longer or shorter than the notice specified in their employment agreement. The school has discretion to manage circumstances where it is not possible for the staff member to give the required notice.

If a staff member 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. Staff are required to give the same amount of notice for retirement as for other resignations.

Staff may be eligible for medical retirement if provided by their employment agreement. Eligible staff must apply for medical retirement before resigning.

Dismissal

The board will only dismiss a staff member with proper justification. If dismissal is necessary, the board acts fairly and reasonably and complies with the relevant employment agreement, including protecting the dignity and mana of our staff, and advising them of their right to seek support and representation. The board ensures it has followed appropriate performance management or concerns and complaints processes before dismissing a staff member. 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 school disestablishes positions. The board follows a fair procedure before ending the employment of a staff member, including following the provisions of their employment agreement, and complying with Ministry of Education requirements for redeployment. The school seeks support on surplus staffing from the Ministry as needed. See Manage surplus staffing if you have an entitlement staffing reduction (Ministry of Education).

School procedures for ending employment

On receiving notice of resignation, St Joseph's 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 school records, and arranging the return of all school property).

We may organise a farewell and/or gift, as appropriate.

Staff exit surveys and interviews

At St Joseph's School, we offer all staff the opportunity to give us feedback on their time at the school. The board and principal agree on a consistent process for gaining feedback, which is used to identify areas for improvement. This can take the form of an exit interview or survey that is designed to determine how well the school has supported staff in their professional role, and allow staff to provide feedback on their experience and constructive suggestions for improvement. Exit interviews or surveys are not intended as a means to raise concerns or complaints, particularly those that have not been previously raised. Participation in exit surveys/interviews is voluntary but departing staff members are encouraged to engage in the process.

If the staff member agrees to participate, they are informed of the purpose, how the information will be used (i.e. reporting to the board, including the principal), and how the information will be kept (i.e. confidentially). Responses are kept confidential and only reported to the board in a way that does not identify individuals, such as a summary report. If the information could identify individuals, it is not presented. Records are only kept until reported to the board (if applicable), and are then destroyed.

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, St Joseph's School may seek external support or advice (e.g. NZSBA, legal advisor).

Last review	Term 2 2024
Topic type	Core