VICTORIA UNIVERSITY OF WELLINGTON
GENERAL TERMS AND CONDITIONS FOR
TUTORS (and other Teaching and
Research Support Staff)
(including the Guidelines on Appointment of Tutors and
other Teaching and Research Support Staff)
JANUARY 2018
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TABLE OF CONTENTS
SECTION A: GENERAL PROVISIONS ................................................................................................. 4
A.1
TERM OF THE AGREEMENT .................................................................................................... 4
A.2
EQUAL EMPLOYMENT OPPORTUNITIES ............................................................................... 4
A.3
MINIMUM RATES AND CONDITIONS ...................................................................................... 4
A.4
PAYMENT OF WAGES .............................................................................................................. 4
A.5
HEALTH AND SAFETY .............................................................................................................. 4
A.6
DELEGATED AUTHORITY ........................................................................................................ 5
A.7
CONFIDENTIALITY .................................................................................................................... 5
A.8
SECURITY .................................................................................................................................. 5
A.9
DEDUCTIONS............................................................................................................................. 5
A.10
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS ....................................... 5
A.11
VARIATION OF AGREEMENT .............................................................................................. 7
SECTION B; TUTORS (AND OTHER TEACHING AND RESEARCH SUPPORT STAFF)…………...8
B.1
TRAINING ................................................................................................................................... 8
B.2
REMUNERATION ....................................................................................................................... 8
B.2.1
MINIMUM HOURLY RATES ................................................................................................... 8
B.2.2
ALLOCATION OF HOURS ..................................................................................................... 8
B.3
LEAVE ........................................................................................................................................ 9
B.3.1
ANNUAL LEAVE .................................................................................................................... 9
B.3.2
PUBLIC HOLIDAYS ............................................................................................................... 9
B.3.3
SICK LEAVE ........................................................................................................................... 9
B.3.4 BEREAVEMENT LEAVE ........................................................................................................ 9
B.3.5
SPECIAL LEAVE .................................................................................................................. 10
B.3.6
PARENTAL LEAVE .............................................................................................................. 10
B.4
ENDING EMPLOYMENT .......................................................................................................... 10
B.4.1
NOTICE OF TERMINATION ................................................................................................. 10
B.4.2
ABANDONMENT OF EMPLOYMENT ................................................................................. 10
B.4.3
MISCONDUCT/ POOR PERFORMANCE ........................................................................... 10
B.5
CHANGE MANAGEMENT ..................................................................................................... 100
B.6
COPYRIGHT AND INTELLECTUAL PROPERTY ................................................................... 11
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SECTION C: GRADUATE ASSISTANTS AND SENIOR TUTORS .................................................... 12
C.1
REMUNERATION ..................................................................................................................... 12
C.1.1
GRADUATE ASSISTANTS .................................................................................................. 12
C.1.2
SENIOR TUTORS ................................................................................................................. 12
C.2
HOURS OF WORK ................................................................................................................... 12
C.3
PERSONAL DEVELOPMENT AND TRAINING ...................................................................... 12
C.4
LEAVE ...................................................................................................................................... 12
C.4.1
ANNUAL LEAVE .................................................................................................................. 12
C.4.2
UNIVERSITY HOLIDAYS ..................................................................................................... 13
C.4.3
PUBLIC HOLIDAYS ............................................................................................................. 13
C.4.4
SICK LEAVE ......................................................................................................................... 13
C.4.5
BEREAVEMENT LEAVE ...................................................................................................... 14
C.4.6
SPECIAL LEAVE .................................................................................................................. 14
C.4.7
PARENTAL LEAVE .............................................................................................................. 14
C.4.8 DOMESTIC VIOLENCE LEAVE…………………………………………………………………14
C.5
ENDING EMPLOYMENT ........................................................................................................ 145
C.6 CONFLICT OF INTEREST ......................................................................................................... 17
C.7 COPYRIGHT, INTELLECTUAL PROPERTY AND INVENTION .............................................. 17
C.8
INDEMNITY .............................................................................................................................. 17
C.9 HEARING and EYE TESTS ………………………………………………………………………….. 17
3
VICTORIA UNIVERSITY OF WELLINGTON
TUTORS GENERAL TERMS AND CONDITIONS OF EMPLOYMENT
PARTIES
The Vice-Chancellor and Chief Executive of Victoria University of
Wel ington (“the employer”); and
Non-union Senior Tutors who are employed on a permanent
employment agreement and non-union fixed term employees
employed by the employer to perform the work of a Tutor, Oral
Language Tutor, Sessional Assistant, Laboratory Demonstrator,
Teaching Assistant, Audio-visualTeaching Assistant, Research
Assistant/Fellow, Graduate Assistant or Senior Tutor and who agree to
be covered by this Agreement (“employees”).
SECTION A: GENERAL PROVISIONS
A.1
TERM OF THE AGREEMENT
This Agreementshall not take effect before the 1st day of January 2018 and
shall continue until the termination of the employee’s employment, or until new
terms and conditions of employment are agreed between the employer and the
employee.
A.2
EQUAL EMPLOYMENT OPPORTUNITIES
VUW affirms the principles of EEO and will promote policies and practices
throughout the University to ensure EEO in all crucial employment processes
within VUW, especially those concerning staff appointments, promotions, and
career development. VUW will provide opportunities for training in EEO for all
interested employees, and monitor EEO aspects of processes involving staff
appointments, promotion and career development.
A.3
MINIMUM RATES AND CONDITIONS
This Agreement provides for the minimum rates and conditions that are to be
paid and provided to those covered by it.
A.4
PAYMENT OF WAGES
A.4.1
Payment of all employees shall be by direct credit to a bank account,
fortnightly.
A.5
HEALTH AND SAFETY
A.5.1
The employer shall encourage safe work practices and conform with safety
requirements. For employees using VDUs the Worksafe Code of Practice for
VDUs shall apply.
4
A.5.2
The employer shall provide good and safe working conditions and adequate
spaces and resources to enable employees to meet with students, prepare
tutorials and mark assessments.
A.5.3
The employee must:
•
take all practical steps to ensure the workplace is safe;
•
in conjunction with their Head of School, act on advice and suggestions
about how to make the workplace a safer and more healthy place; and
•
know, follow and encourage compliance with any Health and Safety
policies and procedures.
A.6
DELEGATED AUTHORITY
A.6.1
Unless the employee has the authority delegated to them in either their role
description or by a separate written delegation, they shall not at any time
enter into any contract that purports to bind the University without the written
authority of their Head of School. The University will not be bound by any
contract entered into by the employee without authority.
A.7
CONFIDENTIALITY
A.7.1
Except in the proper performance of their duties, the employee must not
disclose (directly or indirectly) any confidential information or knowledge
regarding students or employees of the University, or the affairs or finances of
the University, its employees or its clients. This requirement continues after
the employee ceases working for the University.
A.8
SECURITY
A.8.1
Security of information, property and records is a fundamental part of the way
the University undertakes its business. The employee must ensure that
property and records in their control are kept secure on the premises and are
not removed unless required to do work on behalf of the University.
A.9
DEDUCTIONS
A.9.1
The employee gives their consent pursuant to section 5 of the Wages
Protection Act 1983 for the employer to deduct from wages payable to the
employee any monies that the employee agrees is owed to the employer.
The employer will consult with the employee on a reasonable repayment
arrangement.
A.10
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS
A.10.1
Definitions
An Employment Relationship Problem is any problem relating to or arising
out of the employment relationship between the employer and the employee.
This includes a formal personal grievance or dispute, but does not include
matters concerned with the negotiation of an employment agreement.
Personal Grievance means a formal grievance relating to:
unjustifiable dismissal,
5
unjustifiable disadvantage,
discrimination,
sexual or racial harassment, or
duress in relation to membership or non-membership of a union or
employees’ organisation.
A Dispute means a disagreement with the way in which the employee’s
employment agreement has been applied or interpreted.
A.10.2
Resolving Employment Problems
If the employee thinks they have an employment problem then they should
talk to their manager about it. If the employee wants support or advocacy
assistance in doing this they should contact their union or other
representative. At any stage of the process the employee has an absolute
right to representation.
If the employee has tried to resolve their employment problem within the
University, but this has not succeeded then the employee or their union can
use the formal process that is offered by the Ministry of Business, Innovation
and Employment Mediation Service.
A.10.3
Personal Grievances
The employee has 90 days to raise a grievance formally with the employer
from the time the event occurred. The employee may represent them self
during the grievance or seek other representation.
When the employee raises a grievance with the employer, they or their
representative need to state what the grievance is and what the employee
wants done about it. This should be done in writing.
A.10.4
Disputes
Where the employee thinks they have a dispute about the Agreement, they
need to tell the unions and employer who are parties to the Agreement. This
is because what the employee is disagreeing about may affect other
employees who are employed under the Agreement. A dispute may also be
taken to the Mediation Service for resolution.
A.10.5
Formal Processes
Mediation Service
The Mediation Service may help the employee by giving them information
about their rights and obligations. They may also suggest a meeting between
the employee and the employer or anything else that they think might help. If
there is a formal mediation, then it is up to the employee and the employer to
reach an agreement on the outcome. The mediator facilitates the process
and helps the employee and the employer come to an agreement. However,
the employee and the employer can agree at the start of the mediation for the
mediator to decide on the outcome. If the employee and the employer agree
6
to this then the mediator's decision is final. The mediator's decision cannot be
appealed to a higher authority.
Employment Relations Authority (“the Authority”)
If at the end of the mediation a resolution has not been reached, then either
the employee or the employer could take the problem to the Authority. If the
problem is about a strike or lockout or injunction then the employee could
take the issue to the Employment Court. However, issues that relate to the
negotiation of new terms and conditions can only be addressed through
mediation. These issues cannot be taken to the Authority or Employment
Court.
The Authority looks at the whole situation rather than the technicalities of a
case. It may look into anything that it thinks is relevant to the case. It may
also send the parties back to mediation if it thinks that the parties have not
gone through that process properly. If it arrives at a decision that the
employee or the employer do not agree with then either party can appeal that
decision to the Employment Court.
Employment Court
Appeals to the Employment Court must be made within 28 days of the
Authority making its decision.
Further information about this process can be obtained from:
•
the employee’s manager
•
the employee’s union representative
Labour Inspectors
The Ministry of Business, Innovation and Employment also employs Labour
Inspectors whom the employee can ask to help them with problems about the
minimum entitlements under the law, such as the Minimum Wage Act, or the
Holidays Act. Labour Inspectors can help the employee enforce their rights in
these matters.
A.11
VARIATION OF AGREEMENT
A.11.1
The parties to this Agreement may agree to vary any of its terms, within the
term of this Agreement, provided both parties sign a written agreement
outlining the variation.
7
SECTION B: TUTORS (AND OTHER TEACHING AND RESEARCH
SUPPORT STAFF)
B.1
TRAINING
B.1.1
The employer will provide the opportunity for a three hour paid orientation
programme to new employees (excluding Sessional Assistants and Research
Assistants). New employees will be expected to participate in this programme
and this training. New employees are defined for the purposes of this clause
as employees who have not been employed as a Tutor in any school in the
preceding two years or who have no previous teacher training.
B.1.2
The employer may at its discretion provide additional training development
opportunities to employees with or without pay.
B.1.3
If the employee is required by their manager to attend a training course/
programme, the employee shall be paid for their attendance.
B.2
REMUNERATION
The Guidelines on Appointment
of Tutors and other Teaching and Research
Support Staff shall be read in conjunction with this Agreement to determine
the remuneration and allocation of hours for each employee.
B.2.1
MINIMUM HOURLY RATES
B.2.1.1
From 1 February 2018
Undergraduate:
$19.25 - $22.94 per hour
Graduate:
$21.67 – $27.18 per hour
From 1 February 2019
Undergraduate:
$19.80 - $23.49 per hour
Graduate:
$22.22 – $27.73 per hour
B.2.1.2
When determining the hourly rate relevant qualifications, relevant experience
and any additional duties shall be taken into account.
B.2.2
ALLOCATION OF HOURS
B.2.2.1
Employees shall be entitled to be paid for all hours that they are required to
work.
B.2.2.2
Allocation of hours shall include preparation time, delivery, student
consultation, meetings, marking and other duties, as applicable.
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B.3
LEAVE
B.3.1
ANNUAL LEAVE
B.3.1.1
In accordance with the Holidays Act 2003, employees are entitled to four
weeks annual leave.
B.3.1.2
Any annual leave taken will be paid in the pay that relates to the period during
which the leave is taken.
B.3.2
PUBLIC HOLIDAYS
B3.2.1
The parties are bound by the Holidays Act 2003. That Act requires that:
(i)
if the employee does not work on a public holiday and that day would
otherwise be a normal working day for the employee, the employer
must pay the employee not less than the employee’s relevant daily
pay for that day:
(ii)
if the employee works on any part of a public holiday, the employer
must pay the employee at least the portion of the employee’s relevant
daily pay that relates to the time actually worked on the day plus half
that amount again. If the public holiday falls on a day that would
otherwise be a working day for the employee, the employee will also
receive an alternative holiday.
B3.2.2
An employee is required to obtain the prior approval of the employer to work
on a public holiday.
B.3.3
SICK LEAVE
B.3.3.1
Employees are entitled to sick leave on pay at the appropriate rate for up to 5
days per annum from the date of employment.
B.3.3.2
Sick leave provisions apply equally where the employee is required to attend
to their child, partner or family member who is a member of their household
and who through illness or injury becomes dependent on the employee.
B.3.3.3
The employee should notify absence due to illness to their manager whenever
possible at least one hour before usual start time. The employer is entitled to
require a medical certificate in accordance with the Holidays Act 2003.
B.3.4 BEREAVEMENT LEAVE
B.3.4.1
Employees are entitled to 3 days’ bereavement leave on pay at the
appropriate rate on the death of their spouse, parent, child, brother, sister,
grandparent, grandchild or spouse’s parent.
B.3.4.2
Employees are entitled to 1 day’s bereavement leave on pay at the
appropriate rate on the death of any other person if the employer accepts that
the employee has suffered a bereavement.
B.3.4.3
Clauses B.3.4.1 and B.3.4.2 apply from the date of employment.
9
B.3.5
SPECIAL LEAVE
B.3.5.1
The employer may grant an employee leave with or without pay on such terms
and conditions as the employer may deem fit.
B.3.6
PARENTAL LEAVE
B.3.6.1
Parental leave shall be in accordance with the Parental Leave and
Employment Protection Act 1987 and the Parental Leave and Employment
Protection Act (Paid Parental Leave) Amendment Act 2002.
B.4
ENDING EMPLOYMENT
B.4.1
NOTICE OF TERMINATION
B.4.1.1
Notice of termination of employment shall be two weeks by either the
employer or employee but this may be reduced by mutual agreement. This
shall not prevent the employer from summarily dismissing an employee for
serious misconduct.
B.4.1.2
Insufficient student numbers in the relevant course may cause the early
termination of employment. In this case, the employee will receive two
weeks’ pay in lieu of notice.
B.4.1.3
Each employee upon termination shall on request be provided within a
reasonable period with a certificate of service.
B.4.2
ABANDONMENT OF EMPLOYMENT
B.4.2.1
When an employee is absent from work for three consecutive working days
without notification to the employer, the employee shall be deemed to have
terminated his/her employment. Where an employee was unable through no
fault of that employee to notify the employer, they shall not be deemed to
have abandoned employment.
B.4.3
MISCONDUCT/ POOR PERFORMANCE
B.4.3.1
The employer’s policy on staff conduct will apply.
B.5
CHANGE MANAGEMENT
B.5.1
The employer recognises the obligation to give protection to employees
where the whole or part of the University’s business is contracted out,
transferred or sold.
Where the employer is proposing a restructuring (as defined by section 69L of
the Employment Relations Act 2000), the employer will endeavour to ensure
the affected employees are not disadvantaged by:
a) Informing the employee prior to any decision being made;
10
b) Conducting a feasibility study determining the advantages and
disadvantages in relation to costs and other benefits which could result from
the proposal;
c) Consulting with the employee to discuss the proposal and any alternative
proposals. The parties agree that such consultation will be carried out in a
timely manner.
B.5.2
In the event that a restructuring (as defined in clause B.5.1) occurs, which
involves the transfer to another employer of the work performed by employees,
the employer will negotiate with the other employer (the transferee) about
options that may exist for employees to transfer employment to the transferee.
The negotiations will include discussions on the possible terms of employment
the transferee may consider offering to employees. The employer will
endeavour to ensure employees covered by this Agreement are offered
employment on no less favourable terms and conditions with the transferee.
B.6
COPYRIGHT AND INTELLECTUAL PROPERTY
B.6.1 Copyright in any original material of a scholarly, literary, dramatic, musical or
artistic nature produced by employees shall vest in those employees. Other
intellectual property that is created in the course of their employment,
materials produced for the administrative work of the University, examination
and assessment materials, and teaching materials published by the
University, shall belong to the University.
11
SECTION C: GRADUATE ASSISTANTS AND SENIOR TUTORS
C.1
REMUNERATION
C.1.1
GRADUATE ASSISTANTS
Step
From 1.2.18
From 1.2.19
(+$1,200)
(+$1,250)
1
$45,516
$46,766
2
$48,751
$50,001
3
$51,475
$52,725
4
$56,930
$58,180
C.1.1.1
Salary on appointment is between Steps 1-3, with an annual increment
available after one year’s service (for two year appointments).
C.1.2
SENIOR TUTORS
From 1 February 2018
$56,930 with a range to $65,859 per annum
From 1 February 2019
$58,180 with a range to $67,109 per annum
C.2
HOURS OF WORK
C.2.1
Hours of work are 37.5 hours per week between the hours of 8.00 a.m.
and 10.00 p.m. Monday to Friday.
C.3
PERSONAL DEVELOPMENT AND TRAINING
C.3.1
Employees are expected to be actively involved in self-development
and to keep abreast of current trends in their area of expertise. Where
deemed appropriate by the Head of School, attendance at relevant
courses may be facilitated.
C.4
LEAVE
C.4.1
ANNUAL LEAVE
C.4.1.1
In accordance with the Holidays Act 2003, employees are entitled to four
weeks annual leave.
C.4.1.2
Any annual leave taken will be paid in the pay that relates to the period during
which the leave is taken.
12
C.4.2
UNIVERSITY HOLIDAYS
C.4.2.1
In addition, employees are entitled to the following University holidays:
(i)
the last working day before Christmas Day;
(ii)
the normal workdays between Christmas and New Year; and
(iii)
Easter Tuesday.
C.4.2.2
If a University holiday falls on a Public Holiday, employees are not entitled to
another paid day in lieu.
C.4.3
PUBLIC HOLIDAYS
C.4.3.1
The parties are bound by the Holidays Act 2003. That Act requires that:
(i)
if the employee does not work on a public holiday and that day would
otherwise be a normal working day for the employee, the employer
must pay the employee not less than the employee’s relevant daily
pay for that day:
(ii)
if the employee works on any part of a public holiday, the employer
must pay the employee at least the portion of the employee’s relevant
daily pay that relates to the time actually worked on the day plus half
that amount again. If the public holiday falls on a day that would
otherwise be a working day for the employee, the employee will also
receive an alternative holiday.
C.4.3.2
An employee is required to obtain the prior approval of the employer to work
on a public holiday.
C.4.4
SICK LEAVE
C.4.4.1
From time to time employees may need to be absent from work because they
are ill, or they need to care for their partner, or a dependent child or parent
when they are ill.
In such circumstances, employees are entitled to take reasonable time off on
pay. While the employer has not initially placed a limit on the amount of time
employees may have off on salary, the employer reserves the right to set a
limit, on a case by case basis, having regard to the period of absence and
any pattern of continual short term absence. Employees may be required to
provide a medical certificate to support any absence of three or more
consecutive calendar days. After 5 days sick leave have been taken in a
year, employees may be required to provide a medical certificate to support
any absence.
C.4.4.2
In special circumstances, the employer may require an employee to undergo
a medical examination at the employer’s expense by a doctor nominated by
the employer.
C.4.4.3
Ongoing or long-term illness may result in termination of employment. This is
dealt with under clause C.5.3.
13
C.4.4.4
The provisions relating to Sick Leave are inclusive of the Sick Leave
entitlements in s30A of the Holidays Act 2003.
C.4.5
BEREAVEMENT LEAVE
C.4.5.1
Employees are entitled to reasonable leave on pay where they have suffered
a bereavement as follows:
(i)
3 days on the death of their spouse, parent, child, brother, sister,
grandparent, grandchild or spouse’s parent.
(ii)
1 day on the death of any other person if the employer accepts that the
employee has suffered a bereavement.
C.4.5.2
The employer has not placed a limit on the time employees may have off but it
will be administered by the employer in a culturally sensitive manner taking
into account:
(i)
the closeness of the association; and
(ii)
the responsibilities the employee has in making arrangements for
the ceremonies, and the amount of time needed to discharge those
responsibilities or obligations.
C.4.5.3
Employees must inform their Head of School as soon as possible of their
inability to attend work.
C.4.5.4
The provisions relating to Bereavement Leave are inclusive of the
Bereavement Leave entitlements in S30A of the Holidays Act 2003.
C.4.6
SPECIAL LEAVE
C.4.6.1
The employer may grant an employee leave with or without pay on such terms
and conditions as the employer may deem fit.
C.4.7
PARENTAL LEAVE
C.4.7.1
Parental leave shall be in accordance with the Parental Leave and
Employment Protection Act 1987 and the Parental Leave and Employment
Protection Act (Paid Parental Leave) Amendment Act 2002.
C.4.7.2
The Act provides that unpaid leave may be taken, subject to certain
procedures, by both women and men on the occasion of birth or adoption of a
child. In addition, the first ten weeks of parental leave will be paid leave.
Employees who are absent for less than ten weeks will receive the proportion
of the payment that the absence represents in working days.
C.4.7.3
Where an employee’s partner is also employed by the employer and takes
leave, only one payment will be made between the two employees.
C.4.8
DOMESTIC VIOLENCE LEAVE
4.8.1
In this clause, domestic violence has the same meaning as that term is
defined in the Domestic Violence Act 1995. The Employer recognises that
Employees sometimes experience domestic violence in their personal life that
14
may affect their attendance, performance and/or safety at work. The Employer
is committed to supporting Employees who experience domestic violence.
4.8.2
The Employer may, on request, grant an Employee experiencing domestic
violence paid special leave on such terms and conditions as are appropriate.
Examples of reasons for requesting such leave include the employee
attending medical appointments, legal proceedings and counselling sessions.
4.8.3
The Employee will, if requested, provide the Employer with relevant
documents that support any claim for leave under this provision. Such
documents may include a document issued by the Police, a Court, a doctor or
other medical professional, a domestic violence support service or a lawyer.
This documentation may be provided retrospectively. The Employer will
maintain strict confidentiality over any such documents, where access will be
limited to the Employee’s manager and relevant Human Resources staff.
4.8.4
Leave and any other support provided under this provision is inclusive of any
subsequent Government legislative or regulatory entitlements introduced
dealing with leave for domestic violence.”
C.5
ENDING EMPLOYMENT
C.5.1
RESIGNATION
C.5.1.1
Employees must give four weeks written notice of resignation. The Head of
School can decide what period, if any, of the notice period employees will be
required to work. In certain circumstances, the Head of School may elect to
pay notice in lieu.
C.5.2
MISCONDUCT/POOR PERFORMANCE
C.5.2.1
The employer’s policy on staff conduct wil apply.
C.5.2.2
Disciplinary action may include termination of employment. In such cases,
notice will be four weeks and the employer may choose to pay notice in lieu.
C.5.2.3
In the event of serious misconduct, the employer may terminate the
employee’s employment without notice. The employer would only
summarily dismiss the employee after considering their explanation of the
matter of complaint.
C.5.3
INCAPACITY
C.5.3.1
If, as a result of mental or physical illness, employees are incapable of
carrying out their employment duties and obligations, the employer may
terminate the employment. In that event, such notice will be given as is
deemed appropriate in the circumstances, which will normally be four weeks.
C.5.3.2
Before any decision is made to terminate employment for incapacity,
employees will undergo a medical examination by a registered medical
practitioner, nominated by the Head of School, to obtain an independent
medical report. This will be paid for by the employer. As far as practical, the
15
Head of School will take into account the employee’s wishes regarding a
preferred medical practitioner.
C.5.4
EARLY TERMINATION
C.5.4.1
The employer reserves the right to terminate an employee’s employment early
on the grounds of their becoming superfluous to the needs of the University,
due to the unavailability of work, or insufficient work in the role for which they
are employed.
C.5.4.2
In the event of such early termination of permanent employees, they will
receive four weeks’ notice or payment in lieu. They will also be entitled to
compensation of 8% of gross base salary for continuous service of one year
or less, and 4% of gross base salary for each subsequent year, to a maximum
of 26 weeks’ salary.
C.5.4.3
In the event of such early termination of fixed term employees, they will
receive four weeks’ notice or payment in lieu. They will also be entitled to
compensation based on 7.7% of gross base salary for the unworked portion of
their fixed term.
C.5.4.3
No compensation will be paid if the University offers employees continued
employment at a similar status and level of remuneration, and which utilises
similar skills and abilities, to their current position.
C.5.5
EMPLOYEE PROTECTION PROVISION
C.5.5.1
Where the University is proposing a restructuring (as defined by section 69L
of the Employment Relations Act 2000) that would, if it occurs, involve the
transfer to another employer of the work performed by an employee, the
employer will negotiate with the other employer (the transferee) about options
that may exist for the employee to transfer employment to the transferee. The
negotiations will include discussions on the possible terms of employment the
transferee may consider offering to the employee.
C.5.5.2
No redundancy will arise by reason of the sale or transfer of the whole or part
of the University, where the person acquiring the business offers the
employee employment at the same location, in the same capacity or in a
capacity the employee accepts, on the same or no less favourable conditions
of employment, and agrees to treat the employee’s service as continuous.
C.5.6
CONSEQUENCES OF TERMINATION
C.5.6.1
Upon termination of employment, for whatever reason and whether or not the
employee disputes the termination, they will immediately give to their Head of
School all correspondence, documents, reports, papers and any other
material or property belonging to the employer.
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C.6
CONFLICT OF INTEREST
C.6.1
The employee must obtain the employer’s written approval before entering
into any activity which might conflict with their work responsibilities or the
interests of the employer.
C.7
COPYRIGHT, INTELLECTUAL PROPERTY AND INVENTION
C.7.1
The employer’s policy on Intellectual Property wil apply.
C.8
INDEMNITY
C.8.1
The employer will indemnify the employee against all liabilities, losses, and
expenses incurred by the employee as a consequence of undertaking their
duties.
C.8.2
No indemnification will be provided if the employee has acted or given advice
in a dishonest, fraudulent, criminal or malicious manner.
C.9
HEARING and EYE TESTS
This clause will only apply to Senior Tutors employed on a permanent
employment agreement.
C.9.1
Employees working in areas where regular loud noise is a frequent factor in
their work shall be provided with regular hearing tests.
C.9.2
Where a permanent employee has been employed for at least three
months of continuous service and is appointed to a position where they
are engaged for at least 50% of their normal working day using screens,
or undertaking fine detail/precision work, they are entitled to a vision
screening test.
In order to qualify for a contribution to costs as outlined below, the vision
screening test must be conducted by a registered optometrist. An
optometrist referral form is to be obtained from and signed by the
Manager, Staff Wellness and provided to the registered optometrist.
If: the screening test (which will not normally be provided at less than two
year intervals) discloses that the staff member’s vision is not adequate for
the normal viewing of a screen, or undertaking fine detail/precision work
then the cost of the eye test and glasses, or the eye test and contact
lenses will be met by the employer up to the following amounts:
For prescription glasses
$400.00 gross
(this includes the cost of the eye test and the lenses and or frames)
For contact lenses
$240.00 gross
(this includes the cost of the eye test and contact lenses)
An employee is only entitled to a subsidy for either prescription glasses or
contact lenses and not both. This subsidy will not apply to the loss or
breakage of frames and/or lenses. A subsidy will only be made upon the
production of original receipts.
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