Common use of SURPLUS STAFFING: NON-TEACHING CO-ORDINATORS Clause in Contracts

SURPLUS STAFFING: NON-TEACHING CO-ORDINATORS. 7.3.1 The following provisions shall apply to permanent non-teaching co-ordinators and shall not apply to any fixed term employee. They include a permanent Teaching Co-ordinator who is not concurrently employed as a teacher within the same school. 7.3.2 A surplus staffing situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer’s operations because of, for example: • the reorganisation or review of work; or • change of status or closure of the school, or the sale or transfer of all or part of the school. 7.3.3 The employer shall, at least one month prior to issuing notice of termination, advise the affected employee(s) of the possibility of a surplus staffing situation. During this period the employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining. Where relevant the provisions of 7.2 above will also apply. 7.3.4 An employee identified as surplus in terms of 7.3.3 above shall be given a minimum of one month’s written notice of termination of employment. Except in exceptional circumstances (e.g., long-term sick leave), or as agreed with the employee, this notice shall be given at such a time as to ensure it covers a period of a full month during which the employee is paid and at work. 7.3.5 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld. 7.3.6 In the event that a reasonable offer of employment in the education or state service is made the employer’s responsibilities under these provisions shall be fulfilled. As reasonable offer of employment shall constitute an offer of employment that: • is in the same location or within reasonable commuting distance; • has comparable duties and responsibilities; and • has terms and conditions that are no less favourable providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period. 7.3.7 If the offer of employment referred to in 7.3.6 is not a reasonable offer by reason only that it is not available to be taken up by the employee before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the employee; and under these circumstances the offer shall be deemed to be reasonable. 7.3.8 The employee may be made an offer of employment prior to the disestablishment of the current position either within the education or state service. This offer may be to a lower graded position to that previously held or to a position with reduced hours and will include an allowance which provides some recognition of the reduced income arising from the new position. Where the employee accepts such an offer the employer’s responsibilities under 7.3.9 below shall be fulfilled. Where the employee does not accept such an offer the provisions of 7.3.9 shall apply.

SURPLUS STAFFING: NON-TEACHING CO-ORDINATORS. 7.3.1 The following provisions shall apply to permanent non-teaching co-ordinators and shall not apply to any fixed term employee. They include a permanent Teaching Co-ordinator who is not concurrently employed as a teacher within the same school. 7.3.2 A surplus staffing situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer’s operations because of, for example: • the reorganisation or review of work; or • change of status or closure of the school, or the sale or transfer of all or part of the school. 7.3.3 The employer shall, at least one month prior to issuing notice of termination, advise the affected employee(s) of the possibility of a surplus staffing situation. During this period the employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining. Where relevant the provisions of 7.2 above will also apply. 7.3.4 An employee identified as surplus in terms of 7.3.3 above shall be given a minimum of one month’s written notice of termination of employment. Except in exceptional circumstances (e.g., long-term sick leave), or as agreed with the employee, this notice shall be given at such a time as to ensure it covers a period of a full month during which the employee is paid and at work. 7.3.5 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld. 7.3.6 In the event that a reasonable offer of employment in the education or state service is made the employer’s responsibilities under these provisions shall be fulfilled. As reasonable offer of employment shall constitute an offer of employment that: • is in the same location or within reasonable commuting distance; • has comparable duties and responsibilities; and • has terms and conditions that are no less favourable providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period. 7.3.7 If the offer of employment referred to in 7.3.6 is not a reasonable offer by reason only that it is not available to be taken up by the employee before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the employee; and under these circumstances the offer shall be deemed to be reasonable. 7.3.8 The employee may be made an offer of employment prior to the disestablishment of the current position either within the education or state service. This offer may be to a lower graded position to that previously held or to a position with reduced hours and will include an allowance which provides some recognition of the reduced income arising from the new position. Where the employee accepts such an offer the employer’s responsibilities under under 7.3.9 below shall be fulfilled. Where the employee does not accept such an offer the provisions of 7.3.9 shall apply. 7.3.9 Except as provided under 7.3.8 above, where a reasonable offer of employment is not made before the expiry of the notice of termination period the employee will be entitled to redundancy pay calculated as follows: (a) 6 weeks pay for the first year of service and two weeks pay for every year or part year thereafter to a maximum of 30 weeks pay in total. 1. This is calculated on average gross weekly earnings as a non-teaching co- ordinator over the previous 12 months service. 2. A worker with less than one year’s service shall receive a pro-rata payment. (b) All holiday pay and wages owing. 7.3.10 A work reference or record of service shall be provided on the employee’s request.

SURPLUS STAFFING: NON-TEACHING CO-ORDINATORS. 7.3.1 The following provisions shall apply to permanent non-teaching co-ordinators and shall not apply to any fixed term employee. They include a permanent Teaching Co-ordinator who is not concurrently employed as a teacher within the same school. 7.3.2 A surplus staffing situation may arise when the work undertaken by the employee ceases to exist. This may be the result of the restructuring of the whole or any part of the employer’s operations because of, for example: • the reorganisation or review of work; or • change of status or closure of the school, or the sale or transfer of all or part of the school. 7.3.3 The employer shall, at least one month prior to issuing notice of termination, advise the affected employee(s) of the possibility of a surplus staffing situation. During this period the employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining. Where relevant the provisions of 7.2 above will also apply. 7.3.4 An employee identified as surplus in terms of 7.3.3 above shall be given a minimum of one month’s written notice of termination of employment. Except in exceptional circumstances (e.g., long-term sick leave), or as agreed with the employee, this notice shall be given at such a time as to ensure it covers a period of a full month during which the employee is paid and at work. 7.3.5 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld. 7.3.6 In the event that a reasonable offer of employment in the education or state service is made the employer’s responsibilities under these provisions shall be fulfilled. As reasonable offer of employment shall constitute an offer of employment that: • is in the same location or within reasonable commuting distance; • has comparable duties and responsibilities; and • has terms and conditions that are no less favourable providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period. 7.3.7 If the offer of employment referred to in 7.3.6 is not a reasonable offer by reason only that it is not available to be taken up by the employee before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the employee; and under these circumstances the offer shall be deemed to be reasonable. 7.3.8 The employee may be made an offer of employment prior to the disestablishment of the current position either within the education or state service. This offer may be to a lower graded position to that previously held or to a position with reduced hours and will include an allowance which provides some recognition of the reduced income arising from the new position. For the avoidance of doubt, any such allowance forms part of the employee’s ordinary weekly pay for Holidays Act purposes. Where the employee accepts such an offer the employer’s responsibilities under under 7.3.9 below shall be fulfilled. Where the employee does not accept such an offer the provisions of 7.3.9 shall apply. 7.3.9 Except as provided under 7.3.8 above, where a reasonable offer of employment is not made before the expiry of the notice of termination period the employee will be entitled to redundancy pay calculated as follows: (a) 6 weeks pay for the first year of service and two weeks pay for every year or part year thereafter to a maximum of 30 weeks pay in total.