| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 116 |
| Hearing date | 29 Jul 2015 - 3 Sep 2015 (2 days) |
| Determination date | 27 November 2015 |
| Member | James Crichton |
| Representation | T Kennedy ; J Catran, M Conway, P Muir, G Peachy, M Whisker, L Adams |
| Location | Wellington |
| Parties | New Zealand Post Primary Teachers' Association v Secretary for Education and Ors |
| Other Parties | Vice-Chancellor University of Auckland, Teach First New Zealand Trust |
| Summary | DISPUTE – Parties disputed whether third respondent’s graduate teaching programme (“the programme”) followed requirements of collective employment agreement (“CEA”) and State Sector Act 1988 (“SSA”) |
| Abstract | AUTHORITY FOUND –;DISPUTE: Participants in programme in classrooms and providing instruction to students, which constitutes teaching. Positions in question are teaching positions. Positions are fixed term full-time provisions and so not special category of position in the programme. Positions must thus be advertised under CEA and SSA. Positions are not supernumerary. Positions not advertised properly so that suitably qualified persons could apply. CEA required advertising in specific place which was not done. All certificated teachers could not apply for positions, so no guarantee that best person for job was appointed, in breach of SSA. Selection process carried out by second and third respondent not sufficient and seems to exclude eventual employer from process. Programme in breach of CEA and SSA. Question answered in favour of applicant |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | State Sector Act 1988;State Sector Act 1988 Part 7A;State Sector Act 1988 s77A;State Sector Act 1988 s77F;State Sector Act 1988 s77G;State Sector Act 1988 s77H;Education Act 1989;Education Act 1989 s120 |
| Cases Cited | Principal of Auckland College of Education v Hagg [1997] 2 NZLR 537 (CA) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Wellington_116.pdf [pdf 239 KB] |