Editor
You don’t have to search widely to find a principal who has experienced conflict with their Board of Trustees. Some cases have been very public, others less so, but without exception they are all stressful, and at times financially draining. The position of principal carries with it a vast array of responsibilities and with that comes a greater risk of conflict. Conflict can derive from many sources including students, caregivers, staff, the community and the Board itself. In the end it is the Board’s responsibility, as employer, to answer allegations from complainants. Whilst the Board will have its own school insurance scheme to cover any legal costs it incurs, the principal may not.
complement the hotline service. The Australian based FAI Insurance Ltd agreed to provide indemnity insurance until their demise when the QBE Insurance Group Ltd took over. By now it had become apparent that the hotline was the key to the scheme’s success rather than the insurance. ‘The hotline was successful because Anderson Lloyd Lawyers were now becoming experts in the types of issues that left principals exposed,’ said Janine. The scheme grew in popularity and given the feedback over time it was decided that a different approach might be more suitable for principals rather than the indemnity insurance option. Besides, the insurance industry was moving towards
Fiona McMillan, senior lawyer for Anderson Lloyd lawyers
Barry Dorking, senior lawyer for Anderson Lloyd Lawyers
The vulnerability of principals was always going to be an issue once the ‘Tomorrow’s Schools’ policy of the late 1980s was implemented. In 1994, Nola Hambleton, an NZPF executive member who would later become President, set out to find a solution to protect principals. She first approached Dunedin couple, Alan and Janine Race of Crombie Lockwood, well known in the education sector as school insurers. ‘We recognised there was a big hole for principals, when things went wrong,’ says Janine, who herself had had a career in the teaching profession. ‘Other professions had their own indemnity cover, but not principals,’ she said. Janine and Alan set out to find a solution. They approached Anderson Lloyd Lawyers who were experienced in employment and insurance issues. Anderson Lloyd agreed to set up a hotline advice scheme for principals for a small fee. Nola asked Janine and Alan to also find them an insurance company so that principals could purchase an indemnity insurance to
withdrawing totally from indemnifying principals. ‘At the time there were over 300 principals in the scheme,’ said Janine, ‘so we needed to find alternative cover for them.’ Discussions ensued with Anderson Lloyd Lawyers and eventually a legal benefits scheme for principals known as Principals’ Advice and Support Limited (PASL) was created. ‘The scheme is not an indemnity insurance,’ says Janine. ‘It was clear that what the principals appreciated most was the hotline service and by increasing the fee, they would also be covered for the first $25,000 of any further legal representation,’ she said. For the new scheme to be operational, it was necessary to build a pool of money from scratch. Alan and Janine Race went into partnership with Anderson Lloyd Lawyers and used their Crombie Lockwood business to administer the scheme. The scheme continued to grow in popularity with principals, especially as senior lawyer Barry Dorking and associate Fiona McMillan became more and more familiar with the unique
requirements of schools, Board processes and procedures, and issues that affect principals. Having worked with the scheme since its inception, Barry doesn’t think there would be too many situations that would now test him. ‘I think I’ve probably covered most things that can go wrong for principals,’ he says with a wry smile. ‘The first step is always to try and deescalate the issue,’ he says, ‘and many cases are resolved at the lowest level. That’s not to say we don’t also get the curly ones that can go right through to the Employment Relations Authority,’ he said. More and more, the cases coming to the hotline involve teachers claiming they ‘do not feel safe’ either in the presence of another teacher or with the principal. In some cases this Alan and Janine Race at their Dunedin Crombie Lockwood Offices may simply mean that the teacher is not getting their own way, but whatever has motivated the initial complaint, be vulnerable. ‘If staff have been used to an ‘authoritarian’ style of it requires resolution. leadership and a new principal brings a more collegial approach, ‘This reaction when a principal attempts to manage poor that may be seen as a weakness,’ he said. ‘The opposite scenario performance is becoming more pervasive and may in part be can also bring discontent.’ due to the collegial nature of teaching,’ says Barry. Sometimes on-going legal support is better delivered locally Fiona, a former educator herself, who carries a significant rather than through Dunedin based Anderson Lloyd. In such proportion of the scheme’s workload would concur with Barry’s cases Anderson Lloyd will appoint a lawyer with significant analysis. Fiona had just returned from representing a principal employment law experience, preferably in the education sector, in a case which had progressed all the way to the Employment to provide the necessary legal support. It is statistically unlikely Relations Authority, but which had at its core disaffected teachers that a principal’s own lawyer would meet the criteria and the who ‘did not feel safe’. scheme only covers PASL appointed lawyers. Fiona says, ‘Issues become unnecessarily difficult to resolve Principals can join the scheme either in their own name or in when Boards do not follow the processes set out in the principals’ the name of their school. employment agreement and in employment law which requires Janine Race says, ‘It’s not unusual for a recently appointed open communication.’ principal to be unaware that the school already subscribes to Barry and Fiona are happy to run seminars to explain to PASL, so it’s always a good idea to phone and check. Don’t wait principals why legal protection is important. ‘We call it Tales before it’s too late,’ she says, ‘and use your own cell phone as the from the Dark Side,’ says Barry with a chuckle. ‘We present contact number, not the school’s office phone.’ ‘anonymised’ cases which can sometimes shock, especially when More recently Janine and Alan Race decided to retire and a principal has been treated unjustly and where processes have offered their shares in the PASL business to NZPF. President been blatantly ignored,’ he said. Philip Harding said, ‘We were thrilled to have the opportunity Some principals seem to be more at risk than others. ‘Principals to buy a stake in this scheme which has stood the test of time in smaller areas can be at higher risk,’ says Barry, ‘because smaller and is currently serving 900 principals. We intend to support it communities tend to be more tightly connected and the principal well into the future,’ he said. Crombie Lockwood will continue could find themselves isolated,’ he said. to administer the scheme, which is unique to principals in New principals bringing a different style of leadership can also New Zealand.
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