Why Join PASL? Fi McMillan
Employment Lawyer, Anderson Lloyd
Is it really all over if you have to talk to a lawyer about your employment relationship with your Board?
Not when that lawyer is provided to you under the NZPF between Board and principal and to the school. Principals Advice and Support Scheme (PASL). Our job is to We cannot make Boards behave reasonably however, and if support you, to make sure you understand the low level approaches are unsuccessful your rights and responsibilities as an If we can assist, then then PASL can represent you more employee of the Board, and to help you directly. If we open a file for you, then you resolve any issues at the lowest possible we usually do so by are entitled to up to $25,000 (including level. In many instances the Board will advising you quietly in GST) of legal advice. In this case, even not even know that you have spoken to us. if we have had to notify a personal Certainly, if the situation is dire and the background rather grievance on your behalf in order to your Board will not conduct itself in protect your position, it does not have to the manner of a fair and reasonable than engaging mean that everything is all over for you. employer, leaving you no option but to directly with the Board Unless you particularly want to leave the resign or be dismissed, then PASL legal school we can ensure that we keep your representation will assist you to either in the first instance . . . options open, and we can encourage retain your position or to arrange the best your Board to choose a fairer path which possible exit. Most situations however are resolved well before that point. As a PASL member you are required to inform us of potential issues at the earliest possible opportunity. It is sometimes difficult to distinguish between Board or operational matters, which might require you to take advice from NZSTA or other advisors to the school, and matters which affect your own employment, POPULAR MATHS SERIES which are covered by PASL. If you are not sure then we suggest you contact the Hotline anyway, and we will quickly explain whether or not we can assist. If we can assist, then we usually do so by advising you quietly in the background rather than engaging directly with the Board in the first instance, which can escalate the situation unnecessarily. Once we have a clear understanding of the facts and of your particular concerns we can make sure you properly understand your legal and contractual rights and responsibilities, and the options you may have for a fair and procedurally correct resolution. In addition to discussing these with you, we are happy to review a draft of any written response or comments you may wish to make to the Board, and to help you prepare for any meetings. If the low level approach is not immediately successful, or for more serious issues, PASL might write a letter to you setting out Give your students the best advantage to the legal situation and some constructive options for resolution. Some principals have found that simply having such a letter excel at maths. They use our textbooks, while enables them to have more confident discussions with their you have all our free online teacher support. Board, while other principals find it useful to share the letter YOUR STUDENTS DESERVE THIS! with the Board or its presiding member with a view to facilitating an informed discussion. Either way, such letters can support a constructive resolution of potential issues. We can for example, identify any points of procedural unfairness and suggest ways mel@caxed.co.nz www.caxed.co.nz of avoiding unnecessary disruption to the working relationship
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would enable you to stay. If we can get things back on a fairer track then we can slip back into the background and advise you only if required. As NZPF President Cherie Taylor-Patel has noted in her 25 February ‘Principal Matters’ Message, our self-governing school system has had the effect of leaving principals exposed and unsupported if they become faced with vexatious or unreasonable Board members, staff or parents. In some instances it seems that the Board would prefer to support a disgruntled complainant rather than properly support the principal. The stresses associated with Covid-19 have exacerbated the usual issues, and reduced people’s capacity to cope. NZPF is taking steps to address these systemic issues, in consultation with NZSTA. Even in those most serious situations however, it remains the case that it is not all over if you have to talk to a PASL lawyer. Getting prompt advice through the Hotline can help you avoid a potentially more damaging situation arising. About the Author Fi McMillan (she/her) Senior Associate Anderson Lloyd d +64 3 471 5433; m +64 27 556 2378; f +64 3 477 3184 Level 12, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959, Dunedin 9054, New Zealand e fi.mcmillan@al.nz | al.nz
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