Surplus Staffing Provisions. 10.2.1 The following provisions shall not apply to any fixed term employee (see clause 2.3.3
Surplus Staffing Provisions. 10.2.1 The surplus staffing provisions shall not apply to any employee who is employed on a fixed term basis as defined in 2.4. The provisions in relation to staff affected by a merger of 2 or more schools are set out under clause 10.3 and any provisions in 10.2 will only apply where they are specifically provided for in clause 10.3.
10.2.2 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; • a change in plant (or like cause) relevant to the individual employees employment; or • change of status or closure of the school, or the sale or transfer of all or part of the school.
10.2.3 The employer shall, at least one month prior to issuing notice of termination, advise any affected employee(s) of the possibility of a surplus staffing situation within an occupational category in the school.
10.2.4 The period of notice is to allow time for discussion between the employer and the employee(s) of the reasons for the possible surplus staffing situation and to determine whether this surplus can be absorbed by attrition. 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.
10.2.5 If the required number of positions cannot be achieved through attrition (refer clause 10.2.4) and a surplus staffing situation still exists, all available positions in the occupational category will be internally advertised and appointments made from existing employees in that category. Where there is only one position in the identified occupational category in which the surplus exists identification of the position shall be automatic.
10.2.6 Employees who are not appointed in terms of 10.2.5 above, or who are identified as surplus in terms of 10.2.5 above shall be given a minimum of one month’s written notice of termination of employment provided for in clause 9.1. 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.
10.2.7 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employmen...
Surplus Staffing Provisions. A Employment Protection Provisions
Surplus Staffing Provisions. 10.2.1 The surplus staffing provisions shall not apply to any employee who is employed on a fixed term basis as defined in 2.4. The provisions in relation to staff affected by a merger of 2 or more schools are set out under clause 10.3 and any provisions in 10.2 will only apply where they are specifically provided for in clause 10.3.
Surplus Staffing Provisions. 2.13.1 (a) Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, amalgamation or change of class of a school an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.
Surplus Staffing Provisions. 35.1 The Employer recognises the serious consequences that the loss of employment can have on individual Employees and seeks to minimise those consequences by means of this Agreement. These provisions apply to Employees who for all intents and purposes have an ongoing expectation of employment.
35.1.1 A surplus staffing situation exists where the Institute requires a reduction in the number of Employees or Employees can no longer be employed in their current position, at their current grade (i.e. the terms of appointment to their present position), then the options in Clause 35.4 below shall apply.
Surplus Staffing Provisions. (a) Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, amalgamation or change of class of a school an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.
(b) Where, by reason of a merger of a school (including where applicable, a centre) an employer is required to reconfirm or reassign teaching positions, or to alter the status of positions to which units are allocated, or to reduce the number of teaching positions, the position(s) to be reconfirmed, reassigned, altered in status or disestablished shall be determined in accordance with the provisions set out in this part and in Appendix 4. These provisions apply only to permanently appointed employees.
Surplus Staffing Provisions. (a) Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, or change of classification of a school that is initiated by the Secretary for Education, Minister of Education, or by operation of the Staffing Orders an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.
(b) Where it is the employer, rather than the Secretary for Education, Minister of Education, or operation of the Staffing Orders, that has initiated the reorganisation, change, reduction or alteration, then other than when the employer is proposing to relinquish its role as RTLB Cluster Lead School Employer:
(i) The employer must provide a written proposal as part of its consultation process with all potentially affected employees.
(ii) Where, following the consultation process, a teacher’s position is to be disestablished or the number of allocated units are to be reduced, the teacher must receive at least two months notification of the change.
(iii) Any teacher whose position is disestablished under these provisions will be entitled to select one of the options set out in clause 2.13.3.
(iv) A teacher whose number of allocated units are reduced is entitled to the salary protection outlined in clauses 2.13.5(b) or 3.4.9 as appropriate.
Surplus Staffing Provisions. (a) Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, or change of classification amalgamation or change of class of a school that is initiated by the Secretary for Education, Minister of Education, or by operation of the Staffing Orders an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.
(b) Where it is the employer, rather than the Secretary for Education, Minister of Education, or operation of the Staffing Orders, that has initiated the reorganisation, change, reduction or alteration, then other than when the employer is proposing to relinquish its role as RTLB Cluster Lead School Employer:
(i) the employer must provide a written proposal as part of its consultation process with all potentially affected employees.
Surplus Staffing Provisions. Note: These provisions do not apply to teachers employed at the Correspondence School.
3.9.1 Where, by reason of a reorganisation of, or a change in the attendance at, or the sale or transfer of, a school or centre; or by reason of the closure, amalgamation or change of class of a school or centre an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix H. These provisions apply only to an employee appointed as a permanent secondary teacher or a permanent manual training teacher in an approved manual training establishment.
3.9.2 Positions identified as surplus in the procedures set out in Appendix H will be effectively disestablished at the start of the next school year. In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:
(a) Where an employee’s position is to be disestablished and where, before the effective disestablishment of that position takes effect, the roll increases sufficiently to justify its continuation at its current level, the notice of disestablishment will be withdrawn and the employee concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that employee has, in the meantime, resigned or been appointed to another permanent position;
(b) An employee who is about to lose her/his position who applies for a permanent teaching position of equal or lower status for which s/he is suitable at her/his school or establishment or, in the case of the closure, amalgamation or change of class of a school and the creation of a new school, at that new school, shall be appointed to that position. The entitlement to the options set out in clauses 3.9.3 and 3.
