ࡱ> _5(u <9 , L8http://scaleplus.law.gov.au/8http://scaleplus.law.gov.au/tT$www.austlii.edu.au4http://www.austlii.edu.au/VHwww.legislation.nsw.gov.au/main.htmlVhttp://www.legislation.nsw.gov.au/main.html,]http://www.lawlink.nsw.gov.au/lawlink/irc/ll_irc.nsf/pages/IRC_indexhttp://www.lawlink.nsw.gov.au/lawlink/irc/ll_irc.nsf/pages/IRC_index|_0http://www.hreoc.gov.au/0http://www.hreoc.gov.au/|c0http://www.nohsc.gov.au/0http://www.nohsc.gov.au/fBhttp://www.lawlink.nsw.gov.au/adbBhttp://www.lawlink.nsw.gov.au/adb,ihttp://www.lawlink.nsw.gov.au/lawlink/adt/ll_adt.nsf/pages/adt_indexhttp://www.lawlink.nsw.gov.au/lawlink/adt/ll_adt.nsf/pages/adt_indexlVhttp://www.workcover.nsw.gov.au/default.htmVhttp://www.workcover.nsw.gov.au/default.htm>ohttps://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm#contact~https://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm0contactu|https://detwww.det.nsw.edu.au/humanresources/awards/awards.htm|https://detwww.det.nsw.edu.au/humanresources/awards/awards.htmTxhttps://detwww.det.nsw.edu.au/humanresources/teachers_handbook/handbooktoc.htmhttps://detwww.det.nsw.edu.au/humanresources/teachers_handbook/handbooktoc.htm>https://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm#contact~https://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm0contactThttps://detwww.det.nsw.edu.au/humanresources/teachers_handbook/handbooktoc.htmhttps://detwww.det.nsw.edu.au/humanresources/teachers_handbook/handbooktoc.htmhttps://detwww.det.nsw.edu.au/humanresources/nonteachstaffschools_handbook/handbook_toc.htmhttps://detwww.det.nsw.edu.au/humanresources/nonteachstaffschools_handbook/handbook_toc.htmvhttps://detwww.det.nsw.edu.au/humanresources/indrel/irc.htmvhttps://detwww.det.nsw.edu.au/humanresources/indrel/irc.htmz(legal@det.nsw.edu.au6mailto:legal@det.nsw.edu.aufhttp://detwww.det.nsw.edu.au/directorates/leglserv/fhttp://detwww.det.nsw.edu.au/directorates/leglserv/l7 www.nswtf.org.au0http://www.nswtf.org.au/KThttp://www.industrialrelations.nsw.gov.au/Thttp://www.industrialrelations.nsw.gov.au/4Lhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htmhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htm4Mhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htmhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htm4Nhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htmhttps://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htmF/ 0|DArials (0(:A 0 DTimes New Roman(0(:A 0 h DWingdingsRoman(0(:A 0 0DVerdanasRoman(0(:A 0 "@DSimSunsRoman(0(:A 0  A .  @n?" dd@  @@`` `( >=@ BRTWZ[\^`afgijklm ////    %(-/01389:;<=>?@BCEFGHJRSTUVWXZ ]^ _`abcdefghijklmnopqrstuvwxyz{|}~ 0AA0 ff@8?O ʚ;1_8ʚ;g4KdKd@:A 0Nppp@ <4ddddl$ 0\  <4BdBdl # 0<4!d!dl # 0a9___PPT10 pp6___PPT9n3n)/ypf}I[ePNG  IHDR asRGB`PLTEkjjjUU@@@??@??+++**+**#g cmPPJCmp07128I tRNS@fAIDAT 0 ~{[8([Pz2S82(\dXP< zIENDB`0n&WvlHMU+vnPNG  IHDR asRGB`PLTEkjjkjjUUTU@@@??@++*+**M#A cmPPJCmp07128I tRNS@f>IDAT1W}{{J %s4!u61QJuRW&x&vxIENDB` ne!(mPɈPNG  IHDRysRGBPLTEffffffff̙̙O) cmPPJCmp0712 jtRNS ADIDATcP, SVA%6AC!P.iuD!".l`)SbPbL@]KIENDB`| (Ftw8yz{|8~ (J 8B2((O(T@U(VWX((  ((8?%  State of NSW, Department of Education and Training (Teachers and the Law Conference) 2005 O  =~ NSW TEACHERS FEDERATION AND NSW DEPARTMENT OF EDUCATION AND TRAINING TEACHERS AND THE LAW CONFERENCE 14-15 October 2005 r,D f$f f$f f$f~   ! Industrial Relations in Schools: ( 6f! What does this session cover?(f  n1  The Context of Industrial Relations What is it? What is its role? What are its essential elements? What are industrial matters? What are industrial rights and obligations? n(PPP(f  What does this session cover?(f  2  The legal framework What is the relevant legal framework? Where to find information on the relevant laws bVfV r What does this session cover?(f  x3- Industrial relations information What industrial relations information is required? Where to find this information^$S$ffS y What does this session cover?(f   4  Industrial Relations issues likely to arise in schools 5  Some suggestions on how to use industrial relations best practices to respond to these issues 6  Case study  employment of casual or temporary staffD=ZZ<ff  1  Context (f   In its broadest sense industrial relations includes any matter related to employment where the relevant parties affected by the matter are: employees employee representatives e.g. unions employers % 5 9;  1  Context (f   The interaction of these parties must also be considered in conjunction with other elements including the: state and federal governments changing social, economic and political factors operation of relevant laws jmZOZZZkl  NF1  Context (f   The purpose of industrial relations practice is to: establish and protect the interests of all of the parties prevent disputes from arising resolve disputes if and when they do arise 6Z:ZZZZ,Z*  PH1  Context (f   Essential elements of industrial relations Effective communication and problem solving skills Establishment and operation of system of industrial rights and obligations r/Z3ZLZZ*    {t1  Context (f  % Operation of institutions such as government and trade unions which are bound by rules and conventions Development and implementation of strategies, policies, procedures etc for preventing and resolving differences in the workplace Framework of laws relating to industrial relations mattersnPPP;P $ & QI1  Context (f  &What is an industrial matter? Section 6(1) of the Industrial Relations Act 1996 (NSW) defines industrial matters as matters or things affecting or relating to work done or to be done in any industry or the privileges, rights, duties or obligations of employers or employees in any industry. Z Z$$$f$ ' 1  Context (f   Examples of industrial matters given in the Industrial Relations Act 1996 include the following. Remuneration Employment Part time or casual employmentcZ ZZ ZZZ$,9  w1  Context (f   Termination of employment Conditions of employment  hours, qualifications etc Discrimination in employmentZZZ5ZZZ$$R    $ o y1  Context (f   Procedures for the resolution of industrial disputes  conciliation and arbitration Surveillance of employees in the workplace`PUPP+P  z1  Context (f   Industrial issues may also arise from other matters relating to the management of people including the following. Appointment, transfer, promotion etc Classification of positions Duties and responsibilities:tZ_Zt_  {1  Context (f  What are industrial rights and obligations? Personnel matters such as conditions of employment and remuneration are usually governed by recognised rights and obligations which are set down in: awards (consent and arbitrated) agreements .ZZ-ZZZ+g/  |1  Context (f  Y conciliation recommendations employer determinations and rules acts and regulations "A   Z }.2  The legal framework(f  U There is an extensive framework of laws that concern industrial relations matters4V $ $>$ V ~.2  The legal framework(f  7 Industrial Relations Industrial Relations Act 1996   8 .2  The legal frameworkf  Employment Teaching Service Act 1980 TAFE Act 1990 Public Sector Employment and Management Act 2002 Education (School Administrative and Support Staff Act) 1987  ZZ)ZZ1ZZ?Z $   .2  The legal frameworkf  xEmployment Board of Adult and Community Education Act 1990 Education Act 1990 Constitution Act 1902 Police Act 1990 z \ $l y .2  The legal framework(f  Child Protection Children and Young Persons (Care and Protection) Act 1998 Commission for Children and Young People Act 1998 Child Protection (Prohibited Employment) Act 1998 Ombudsman Act 1974 ZZ:ZZ2ZZFZZ  .2  The legal framework(f  Occupational Health & Safety Occupational Health and Safety Act 2000 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 d  02  The legal framework ((ff   Discrimination Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Human Rights and Equal Opportunity Commission Act 1986 Disability Discrimination Act 1992 Age Discrimination Act 2004 PPPJPP PPUPP#PPP   .2  The legal frameworkf  General Government and Related Employees Appeal Tribunal Act 1980 Institute of Teachers Act 2004 Long Service Leave Act 1955 Transferred Officers Extended Leave Act 1961HPPP (   .2  The legal frameworkf  General Privacy and Personal Information Protection Act 1998 Protected Disclosures Act 1994 Crimes Act 1900 Inclosed Lands Protection Act 1901 Workplace Surveillance Act 2005 Workplace Video Surveillance Act 1995 PUPPPPEPP&P   \2  finding information on the legal framework//(f / Legal Services Unit (02) 9561 8538 (phone) (02) 9561 8543 (fax) legal@det.nsw.edu.au (email) http://detwww.det.nsw.edu.au/directorates/leglserv/ (website) H(4C 3  B 0CWB 0`RJ\2  finding information on the legal framework//(f / e Legislation www.austlii.edu.au www.legislation.nsw.gov.au/main.html http://scaleplus.law.gov.au/ b D( (DT   $    TB 0 VB 0"FLB 0GdTL\2  finding information on the legal framework//(f /  Government departments and organisations NSW Industrial Relations Commission http://www.lawlink.nsw.gov.au/lawlink/irc/ll_irc.nsf/pages/IRC_index NSW Commission for Children and Young People http://www.kids.nsw.gov.au/ NSW Ombudsman http://www.nswombudsman.nsw.gov.au/+P%PP),%F-$$P D  ]B 0P \2  finding information on the legal framework//(f / D NSW Department of Commerce - Office of Industrial Relations http://www.industrialrelations.nsw.gov.au/ NSW Premier s Department http://www.premiers.nsw.gov.au/J9+    $= * < KB 0=gXN\2  finding information on the legal framework//(f /  Human Rights and Equal Opportunity Commission http://www.hreoc.gov.au/ NSW Anti Discrimination Board http://www.lawlink.nsw.gov.au/adb NSW Administrative Decisions Tribunal http://www.lawlink.nsw.gov.au/lawlink/adt/ll_adt.nsf/pages/adt_index \.#&FT.   " ' E  _B 0.GfB 0fiB 0[S\2  finding information on the legal framework//(f /  WorkCover NSW http://www.workcover.nsw.gov.au/default.htm Office of Australian Safety and Compensation Council http://www.nohsc.gov.au/P+5< , 9   lB 0;cB 0tH3  Industrial relations information%%$f % lNSW Teachers Federation The Federation s website is www.nswtf.org.au The website has a Members only area which is restricted to financial members of the New South Wales Teachers Federation A username and password is needed to gain access to this area If you already have a password you can sign in <HPP0  7B 07GH3  Industrial relations information%%$f % NSW Teachers Federation If you do not have your username and password you should provide the following details Name Email Address Membership Number School/College Contact Phone Following verification of your membership the Federation sends access details to this area PZPEP^PPPYE    [     H3  Industrial relations information%%$f % ,NSW Teachers Federation Federation Welfare Leaflets (Schools) These leaflets produced by the Federation for members provide information and advice on a range of matters including: teachers rights leave conditions retirement and resignation transfers and transfer expenses PP'PyP]PP&y]  4  ] H3  Industrial relations information%%$f % NSW Teachers Federation Industrial awards and agreements The Federation has produced information and advice to members on the implications of various award and agreement clauses for both school and TAFE teachers fZZ!ZZ( $$   H3  Industrial relations information%%$f % NSW Teachers Federation Period loads, extras, in-lieus, sport, Meadowbank and hours of duty The Federation has produced information and advice to members on period loads, extras, in lieus, sport, Meadowbank and hours of dutyT]C   H3  Industrial relations information%%$f % NSW Teachers Federation The Common Room A place to discuss, debate and reflect on the issues affecting teachers in the classroom and their day to day working lives in and around schools There will be general forums that will run continuously as places where members can raise issues In addition there will be specially dedicated forums that will run for a particular period of time around a specific issue or campaignhPPPP   H3  Industrial relations information%%$f % NSW Teachers Federation It also has a Teachers Representative Kit including information on: About the Federation Award Advice Complaints procedures Enrolment of students with special needs Implementing clause 6 of the new award (TARS) Federation offices Members of NSW parliament Membership form Occupation health and safety committees Period loads, extras and hours of duty ^PPPP  a H3  Industrial relations information%%$f % NSW Teachers Federation Resolving complaints How to be an effective Federation Representative The role of a support person in an interview or meeting The role of the Women s Contact Salaries and Conditions Award Supervision of Students Teacher-Librarians Campaign Kit Temporary school teachers Transporting students in your own car Welfare information leaflets jPPRPPR  Q H3  Industrial relations information%%$f %  NSW Teachers Federation Teachers requiring further information or advice should contact their Federation Organiser or ring the NSW Teachers Federation communications room on (02) 9217 2100@   H3  Industrial relations information%%$f % { NSW Teachers Federation The Federation is registered under the Industrial Relations Act 1996. Its objects are set out in the registered rules and include: To uphold the right of combination of labour and to improve, protect and foster the best interests of its members. To watch over and protect the industrial interests of its members and to consider and deal with all matters affecting them in their industrial relations. To obtain and secure for its members the best possible conditions and proper and sufficient remuneration, and to guard them against any hardship, oppression or injustice in connection with their employment.PPPP'@ cH3  Industrial relations information%%$f % The Department Industrial Relations and Employment Services (IR & ES) provides advice and support to schools, State, Regional, School Education offices and TAFE Colleges and Institutesn-fM$  YOH3  Industrial relations information*%$$f(f %  Industrial Relations and Employment Services includes: Legal Services Directorate Employee Performance and Conduct Directorate Occupational Health and Safety Directorate Industrial Relations Directorate Employment Screening Unit:PPP-PPhP7fv!f  H3  Industrial relations information%%$f %  The key functions of the Industrial Relations Directorate are to: provide industrial relations advice and reporting undertake policy, research and strategy development undertake development of awards and other industrial instruments undertake consultation, liaison and negotiation. dDZZZ 2  \TX3  finding industrial relations information--$f -  The Department s Industrial Relations webpage provides access to: phone and fax contact details for Industrial Relations Directorate copies of industrial awards, agreements etc and conditions of service information information on staff performance, misconduct (other than child protection) and discipline https://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm#contact EPPCPPRPP[PHPPP &H   $8 G  B 08]UX3  finding industrial relations information--$f - Contact information Location: Level 7, 35 Bridge Street, Sydney Phone: 02 9561 8727 Fax: 02 9561 8973 https://detwww.det.nsw.edu.au/humanresources/indrel/welcome.htm#contact ^,p,'I$h G  oB 0hX3  finding industrial relations information--$f - Industrial relations on line inquiry service Written requests for industrial relations advice can be sent to the following address and will be answered by officers from the Industrial Relations Directorate Indrel@det.nsw.edu.auF.-  ^VX3  finding industrial relations information--$f -  Industrial awards, agreements and determinations Copies of awards, agreements and determinations can be accessed at: https://detwww.det.nsw.edu.au/humanresources/awards/awards.htm ~21E>$y >  uB 0y_WX3  finding industrial relations information--$f - Industrial Relations circulars Copies of approximately 20 IR circulars issued to date in 2005 and archived circulars from 2000-2004 can be accessed at: https://detwww.det.nsw.edu.au/humanresources/indrel/irc.htm `z;0 ;   B 0xB 0X3  finding industrial relations information--$f - Conditions of service Information contained in the Teachers Handbook deals with current conditions of employment for members of the Teaching Service and was taken from primary source documents such as acts, regulations, determinations, awards, agreements etc. The Teachers Handbook can be accessed at: https://detwww.det.nsw.edu.au/humanresources/teachers_handbook/handbooktoc.htm PmPP$O04 N   B 04B 0`X94 -Industrial relations issues likely to arise in schools::(f9  General matters relating to conditions of service e.g. payment of salary, allowances, leave, transfers, duties, changes to duties etc >($(  94 -Industrial relations issues likely to arise in schools::(f9 P Hours of duties and associated issues  alternate, in lieu of or extra periods, Year 12 relieving periods ( Meadowbank extras ), care and supervision of students etc "$  94 -Industrial relations issues likely to arise in schools::(f9  School routines and changes to school routines e.g. before and after school meetings, bus duty, attending parent-teacher meetings, timetabling, alternative work organisation etc"$  94 -Industrial relations issues likely to arise in schools::(f9  Performance and conduct matters Issues relating to the Department s Code of ConductF!5G$$ W 94 -Industrial relations issues likely to arise in schools::(f9 ( Occupational health and safety issues 0(($$ ) 94 -Industrial relations issues likely to arise in schools::(f9  Interpersonal conflict X($ < 4 -Industrial relations issues likely to arise in schools B=(f9(f(f; 5 Complaints - other than discrimination complaints R31$( 6 94 -Industrial relations issues likely to arise in schools::(f9  Discrimination complaints 0$  94 -Industrial relations issues likely to arise in schools::(f9 , Employment of casual or temporary staff 2,+$ - 94 -Industrial relations issues likely to arise in schools::(f9  Termination of employment 0$  aY5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ I Have a general understanding of the context of industrial relations @F$(G$ J 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ { Utilise management practices that generally encourage participation, discussion and recognition of different viewpoints &|x$ | 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ o Recognise and take into consideration the legitimate interests of all of the parties involved in the matter po$ p 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^  Identify the relevant procedure or provision required to respond to or deal with the issue. e.g a provision of an agreement or an award or agreement, section of the Teachers Handbook, procedure such as complaints procedure, law etc6$$2$  5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ o If unsure what the relevant policy, practice, procedure etc is seek advice from the Department or the Unionpl$ p 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ U Use the appropriate procedure for resolving the complaint, grievance or dispute (V(Q$ V 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ Utilise the full range of processes to resolve the matter, i.e. discussion (informal and formal) negotiation conciliation mediation arbitration pAZPZZZA$P $  5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ E Attempt to resolve a grievance before it escalates into a dispute FF$ F 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^  Take a systematic and planned approach to resolving an issue and avoid trying to do it  on the run @ee$ j 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ o Create and maintain an environment that is constructive and directed at resolving the issue in question  pZl$ p 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ N Communicate in a courteous, professional and civil manner with all parties OL$ O 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ I Maintain this style of communication, especially at difficult moments 4J&$ $$ J 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ 4 Conduct discussions or negotiations in good faith52$ 5 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ < Comply with reasonable or agreed procedures or timetables=:$ = 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ 7 Attend meetings if agreement has been given to do so85$ 8 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ ^ Disclose all information that is relevant to the purposes of the discussion or negotiation (^\$ _ 5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ v Identify the time when the issue cannot be resolved at the local level and where it should be referred to an  off site dispute settling process and take the appropriate action quickly (  5  Some suggestions on how use industrial relations best practices to respond to these issues__f^ L Identify and implement strategies to avoid issues recurring in the futureMJ$ M  TF & DET Consultative Committee (f   The TF and the Department s Consultative Committee meets regularly to discuss and resolve individual matters concerning TF members.   TF & DET Management Committee(f   The TF and the Department s Management Committee also meets regularly to discuss and resolve systems matters.mm o p6  Case study  employment of casual or temporary staff99 f 9 Prior to offering employment Familiarise yourself with any procedure or industrial instrument that contains specific conditions or provisions relevant to the employment of the person Xf,f   p6  Case study  employment of casual or temporary staff99 f 9 Prior to offering employment If the employee is a temporary teacher then refer to the Conditions of Employment for Temporary School Teachers particularly pages 69 and following This document can be accessed at: https://detwww.det.nsw.edu.au/humanresources/tteach/condempl.htm PPgPPPfff97LA(f   p6  Case study  employment of casual or temporary staff99 f 9 Prior to offering employment If the employee is a casual or temporary public service position such as a General Assistant or Farm Assistant then refer to the Recruitment and Staff Selection Policy and Guidelines for all Public Service and Non School Based Education Teaching Service positions in the NSW Department of Education and Training, April 2004 This document can be accessed at: https://detwww.det.nsw.edu.au/humanresources/policy/policy.htm ZZDZfZf#A  p6  Case study  employment of casual or temporary staff99 f 9 Industrial relations practice in general Ensure the prospective employee is advised of the relevant start and finish dates Avoid giving any expectation of continuing or on-going employment after the initial period in the offer Ensure the prospective employee is informed of any condition(s) that may have an impact on the duration of the period of employment prior to them accepting the offer *PPSPPhPPP(ffe  p6  Case study  employment of casual or temporary staff99 f 9 Industrial relations practice in general If concerns arise regarding either the unsatisfactory performance or conduct of a casual or temporary employee, prompt action should be taken to identify and apply any relevant procedures for dealing with such mattersV**f   p6  Case study  employment of casual or temporary staff99 f 9 Industrial relations practice in general Procedures for Managing Teachers who are Experiencing Difficulties with their Teaching Performance, November 1999 https://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htm Procedures for Managing Casual Teachers who are Experiencing Difficulties with their Teaching Performance, June 2002 https://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htm *ZZZZ)ffsHuG< F y F  LB 0MB 0]p6  Case study  employment of casual or temporary staff99 f 9  Industrial relations practice in general Procedures for Managing School Based Non Teaching Staff Identified as Having Performance Difficulties, Amended June 2005 https://detwww.det.nsw.edu.au/lists/directoratesaz/ires/epac/index.htm d,)ff{H$ F  NB 0p6  Case study  employment of casual or temporary staff99 f 9 dIndustrial relations practice in general Such concerns should be raised in a meeting with the employee who should be provided with sufficient detail regarding the concerns to enable them to respond appropriately The meeting(s) should be a genuine attempt to improve the employee s performance or conduct P) )f  3 p6  Case study  employment of casual or temporary staff99 f 9 Industrial relations practice in general Hold subsequent meetings to follow up Ensure the employee is provided with opportunities to raise any relevant issues at subsequent meetingst)&g(f$  p6  Case study  employment of casual or temporary staff99 f 9  Industrial relations practice in general Maintain copies of relevant documentation generated during this process and ensure the employee is provided with copies of relevant documents Ensure that the employee is given the opportunity to state their case at all times f)ZZZ(f$  p6  Case study  employment of casual or temporary staff99 f 9 Termination of employment If the employee s performance or conduct is still unsatisfactory or not meeting the required standard then action should be taken to terminate her or his employment Fff  p6  Case study  employment of casual or temporary staff99 f 9 Termination of employment The law does not prevent an employer from dismissing an employee The law does require that if an employer does terminate employment it is done in a manner that is not  harsh, unreasonable or unjust bZZZf!  p6  Case study  employment of casual or temporary staff99 f 9 Harsh, unreasonable or unjust  s.84 Industrial Relations Act 1996 Harsh, unreasonable or unjust means that the decision to terminate the employment was either unfair, undeserved or too severe or excessive having regard to all of the circumstancesfF!ffff  p6  Case study  employment of casual or temporary staff99 f 9  Procedural and substantive fairness Any action taken to terminate employment should be fair both procedurally and substantively T%]$$f]  p6  Case study  employment of casual or temporary staff99 f 9 Procedural fairness Did the employer communicate their concerns in detail to the employee? Was the employee given assistance and counselling as to how to improve her or his conduct and/or performance? Was the employee given sufficient warnings as to what would happen if they did not improve? Was the employee given the opportunity to respond to any allegations regarding her or his conduct or performance prior to their termination? Was the employee given a reason for the termination of their employment? 4PPGfPfPnfPfP\fPPfPPIfPPff  p6  Case study  employment of casual or temporary staff99 f 9 Substantive fairness Can the employer show that the employee s poor performance or misconduct occurred? Was the employee s poor performance or conduct significant enough to justify termination? Did the employer take swift action was taken to deal with these concerns? Does the employer take a consistent approach to deal with such concerns for all employees?ZSfZZZfZZJfZZ[fZffU k p6  Case study  employment of casual or temporary staff99 f 9 Notice provisions In circumstances arise where the services of a temporary employee are dispensed with, check to see if there are any specific notice provisions If not, ensure the temporary employee is given as much notice as practicable prior to the termination of the employment xff&  p6  Case study  employment of casual or temporary staff99 f 9 N Avoid summary or  on the spot terminations of employment as far as possible Avoid taking any action which could amount to a  constructive dismissal , that is where an employee terminates her or his employment but where the conduct of the employer has unduly influenced the employee to do so vMN   (   From time to time situations arise in schools which may cause conflict and disharmony. A degree of conflict is normal and indeed, healthy in organisations, but we can do all things to prevent unnecessary conflict. 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