Resolving an Employment Relationship Problem The employee and employer should first make a reasonable effort to discuss the problem and settle it by mutual agreement. (If it’s a personal grievance, it must first be raised with the employer within 90 days - Personal Grievances are explained further below). An employee (or employer) has the right to be represented at any stage. When a problem arises, union members should contact their local NZEI Te Riu Roa field officer for advice and representation. Employers should contact NZSTA or other adviser/representative of choice.
Supported Employment Supported employment is provided to an individual who has paid, individualized, competitive employment in the community (i.e., a setting that includes non- disabled workers) to help the individual sustain that employment. It includes individualized support services consistent with the individual’s plan of services and supports as well as supervision, self-employment, and training. Optional*† E. Behavioral Support: Specialized interventions by professionals with required credentials to assist an individual to increase adaptive behaviors and to replace or modify maladaptive behavior that prevent or interfere with the individual’s inclusion in home and family life or community life. Support includes: ▪ assessing and analyzing assessment findings so that an appropriate behavior support plan may be designed; ▪ developing an individualized behavior support plan consistent with the outcomes identified in the individual’s plan of services and supports; ▪ training and consulting with family members or other providers and, as appropriate, the individual; ▪ and monitoring and evaluating the success of the behavioral support plan and modifying the plan as necessary. Optional*† F. Nursing: Treatment and monitoring of health care procedures prescribed by physician or medical practitioner or required by standards of professional practice or state law to be performed by licensed nursing personnel. Optional
Outside Employment Employees may engage in other employment outside of their State working hours so long as the outside employment does not involve a conflict of interest with their State employment. Whenever it appears that any such outside employment might constitute a conflict of interest, the employee is expected to consult with his/her appointing authority or other appropriate agency representative prior to engaging in such outside employment. Employees of agencies where there are established procedures concerning outside employment for the purpose of insuring compliance with specific statutory restrictions on outside employment are expected to comply with such procedures.
Variation of period of parental leave Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
Cyclic Year Employment The Employer may fill a position with a cyclic year appointment for positions scheduled to work less than twelve (12) full months each year, due to known, recurring periods in the annual cycle when the position is not needed. At least fifteen (15) days before the start of each annual cycle, incumbents of cyclic year positions will be informed, in writing, of their scheduled periods of leave without pay in the ensuing cycle. Such periods of leave without pay will not constitute a break in service. When additional work is required of a cyclic position during a period for which the position was scheduled for leave without pay, the temporary work will be offered to the incumbent. The incumbent will be allowed at least three (3) working days in which to accept or decline the offer. Should the incumbent decline the work, it will be offered to other cyclic employees, in the same classification, with the necessary skills and abilities, in order of seniority, before being filled by other means.
Part-Time Employment (a) A part-time employee is an employee who is engaged to work less than full-time hours of an average of 38 hours per week and has reasonably predictable hours of work.
Re-employment An employee who resigns her position and within sixty (60) days is re-employed, shall be granted a leave of absence without pay covering those days absent and shall retain all previous rights in relation to seniority and other fringe benefits subject to any benefit plan eligibility requirements.
Appointment from a Different Bargaining Unit This clause applies in a situation where an employee is appointed into a position in the bargaining unit from a position outside the bargaining unit where, at the date of appointment, provisions relating to severance pay in the case of retirement or resignation are still in force, unless the appointment is only on an acting basis.
Regular Employment The Employer may fill a position with a regular employment appointment for positions scheduled to work twelve (12) months per year.
Alternative Employment An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
