ACADEMIC STAFF COLLECTIVE AGREEMENT. Part III. Professional Teaching Fellows

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1 ACADEMIC STAFF COLLECTIVE AGREEMENT [XX Month] 2010 [30 June] 2011 Part III Professional Teaching Fellows PART III PROVISIONS 1. Application and Coverage 1.1 The terms and conditions contained in this Part III will: (a) apply only to employees who are offered employment as a Professional Teaching Fellow; and (b) replace and supercede all previous terms and conditions of employment (whether oral or written). 1.2 The entitlements and benefits provided in this agreement will apply to part time staff on a pro-rata basis. 1.3 Nothing in Part I or Part II applies to employees employed under this Part III, unless it is expressly stated otherwise in this Part III. 2. Location and Hours 2.1 The employee may be required to perform duties at any of the University of Auckland campuses and at other locations from time to time as directed by the Employer. 2.2 Lectures, tutorials, labs and other teaching duties are normally scheduled between 8am and 6pm, Monday to Friday. However, there may be a requirement to work outside of these times for responsibilities related to teaching preparation, fieldwork or other related duties as required. 3. Term 3.1 The fixed term provisions (sub-clause 4.3) in Part I will apply in this Part III. 4. Duties 4.1 Professional Teaching Fellows carry out all teaching activities under the supervision of an academic staff member who is active in research. Professional Teaching Fellows duties do not include research. 4.2 The key duties of Professional Teaching Fellows are outlined as follows: (a) Contribute to teaching activities in accordance with their share of the Department, School or Centre s teaching programme; (b) Support teaching across a range of courses and programmes including professional or clinical programmes; (c) Facilitate student learning, incorporating new technologies and initiatives through professional delivery and organisation; and (d) Contribute to the administration of their Department, School or Centre, and support certain University-wide administrative functions such as graduation.

2 4.3 After consulting with the employee, the Employer may require the employee to perform any other duties that s/he is reasonably capable of performing, taking into account the employee s skills and capabilities. 5. General Obligations 5.1 During the term of employment, the employee agrees to: (a) Perform their duties skilfully, competently, professionally and diligently at all times; (b) Deal with the Employer constructively, honestly and in good faith at all times; (c) Comply with all statutes, procedures and policies set, and amended, by the Employer from time to time; (d) Comply with all lawful and reasonable instructions from the Employer; (e) Act at all times in a manner that promotes the University s reputation and interests; (f) Not do anything that could bring the University into disrepute; (g) Maintain high standards of conduct and integrity at all times. 6. Continuation 6.1 All permanent appointments are for an initial term of four years. Continued employment beyond the initial term is subject to evaluation under the criteria specified in the Employer's HR Continuation Policy. 7. Remuneration 7.1 Salary Scale Position Levels Annual Fulltime Salary PTF4 From $102,000 gross Professional PTF3 $93,840 gross Teaching Fellow PTF2 $85,640 gross PTF1 $77,520` gross Payment 7.2 The employee s annual salary will be payable in fortnightly instalments and in arrears by direct credit to the employee s bank account. 7.3 The employee s remuneration is deemed to be in full satisfaction of all duties the employee performs and fully compensates the employee for all the requirements of the position. Promotion 7.4 Professional Teaching Fellows employed on levels 1-3 may apply for promotion to the next level after they have completed at least 12 months of continuous service at their current level. 7.5 The Head of Department will comment on the promotion application and provide a report on the applicant s performance, achievements and contribution to the department. The Head of Department may consult with any other persons in commenting on the promotion application and preparing the report. Promotion will be at the Employer s decision. Professional Development 8. Professional Development will be available to Professional Teaching Fellows in accordance with the Academic Staff Professional Development policy.

3 9. Leave Entitlements Annual Leave 9.1 The employee is entitled to, and expected to take, four (4) weeks annual leave per year of continuous service under the terms of the Holidays Act Annual leave is to be taken during period(s) outside of teaching time and by agreement with the Head of Department/School. The employee will make annual leave arrangements with the Head of Department/School as early as possible in advance of the proposed period of absence. 9.3 Special Leave If Easter Tuesday and the last weekday before Christmas would otherwise be a working day for the employee, the Employer will provide the employee paid leave on that day. Public Holidays 9.4 The employee is entitled to a paid public holiday if it falls on a day that would otherwise be a working day for the employee. 9.5 In the event that the employee is instructed to work on a public holiday s/he will be: (a) paid at the rate of time and a half for the time actually worked on the public holiday; and (b) entitled to an alternative holiday if that public holiday would otherwise be a working day for the employee. Bereavement Leave 9.6 The employee is entitled to paid bereavement leave to discharge obligations and/or pay respects to a deceased person with whom s/he has had a close association. In granting the time off and for how long the employer will take into consideration cultural requirements, the closeness of the association, and the level of responsibility the employee has in regards to the ceremonies resulting from the death. Annual leave or leave without pay may be granted to supplement any bereavement leave. Sick leave 9.7 Members of staff are responsible for informing their Head of Department when they are off sick. 9.8 Where a member of staff is absent for more than a week because of illness, the Head of Department should notify HR. If it appears that the period of absence is likely to extend beyond three weeks, application for sick leave should be made to HR. The application should include a medical certificate. Each case will be considered as it arises and a recommendation made as to the amount of sick leave to be approved and whether it should be with or without salary. Parental Leave 9.9 Parental leave (including Special Paid Parental Leave) will be available to Professional Teaching Fellows in accordance with the Parental Leave policy Other Leave-Related Provisions

4 9.11 If the employee is absent due to sickness or injury, the Employer may require the employee to provide a medical certificate issued by a medical practitioner as proof of sickness or injury, subject to the Holidays Act Should the employee s absence be due to bereavement, proof may be required The Employer may, at its expense, require the employee to undergo a medical examination by a registered medical practitioner nominated by the Employer, for the purposes of: (a) determining whether it is appropriate to grant the employee sick leave; (b) determining whether the employee s employment should be terminated for incapacity; (c) assessing the employee s fitness and capacity for work and/or return to work; or (d) obtaining a second opinion where the employee has provided a medical certificate/report The employee must complete a leave application for every absence and submit this to the manager for approval before such leave is taken, unless this is not practicable due to accident, sickness, bereavement or other reason. 10. Superannuation / KiwiSaver 10.1 The University is an exempt employer and, although the employee can choose to join KiwiSaver, s/he will not automatically be enrolled in KiwiSaver. If the employee is already a member of KiwiSaver, s/he needs to inform the Payroll office, so that the requisite deductions can be made The University is a member of the New Zealand Universities Superannuation Scheme ( NZUSS ). Subject to eligibility under the NZUSS, the employee may choose to join the NZUSS in accordance with the provisions of that scheme. Please contact Ask HR at askhr@auckland.ac.nz or extension for details of the NZUSS. 11. Confidentiality 11.1 Except in the proper performance of the employee s duties, or as authorised by the Employer, the employee must not use, or divulge to anyone, or use to the detriment of the University, any confidential information which may come to the employee s knowledge as a result of his/her employment. This restriction shall continue to apply after termination of the employee s employment until such time as the information may become public knowledge without breach by the employee. 12. Other Employment 12.1 The employee must seek prior approval from his/her manager for any secondary employment/outside activities. The Employer reserves the right to withhold approval if it is considered that it would involve an unacceptable conflict of interest or if that employment or outside activity would interfere with the employee s work performance or health and/or safety at work. 13. Potential Conflict of Interest 13.1 At all times the employee must inform the Employer as soon as possible of any actual or potential conflict that arises between the employee s interests and the Employer s interests Where the Employer forms the view that an actual or potential conflict of interest does or could exist, it may direct the employee to take any specific action(s) to resolve the conflict, and the employee must comply with those directions. This includes directing the employee to cease any activity that may, in the Employer s opinion, result in a conflict of

5 interest, or may appear to conflict, with the Employer s interests or with the performance of any of the employee s duties or obligations. 14. Health and Safety 14.1 The employee must comply with all occupational safety and health statutory obligations (and any other relevant regulations that may apply from time to time), employer policies, procedures, rules and any special work requirements while carrying out work for the University. 15. Termination 15.1 The Employer may terminate this Agreement by giving one (1) month s written notice The employee may terminate this Agreement by giving six (6) months written notice to the Employer. The Employer may accept a written request to agree on a shorter notice period Despite sub-clause 14.2, if the employee is employed on a fixed term agreement: (a) the agreement will automatically cease at the end of the fixed term, and notice of termination will be deemed to have been given at the time the parties entered into the agreement; however (b) either party may terminate the agreement before the end of the fixed term by giving one (1) month s written notice to the other party The Employer may at its sole discretion: (a) require the employee not to attend work and not to carry out all or some of the employee s normal duties, for all or any part of the notice period; and (b) pay the employee in lieu of notice for all or any part of the notice period. However, the employee will continue to be bound by the terms and conditions of this agreement during the notice period Upon termination the employee must immediately return all University property that the employee has in his/her possession, including any keys, access cards and passwords If the employee does not give and work out the notice period when required by the Employer, the Employer may deduct an amount equivalent to the employee s salary for the notice period from any money due to the employee Notwithstanding any other provisions, the Employer may terminate the employee s employment summarily and without notice for serious misconduct. Serious misconduct typically involves actions, omissions or behaviours that deeply impair the trust and confidence between the parties. 16. Suspension 16.1 If a serious problem arises, the Employer may suspend the employee from work until the problem is resolved. While suspension is usually on pay, the Employer has the right to suspend without pay if it decides that to be appropriate. 17. Abandonment 17.1 If the employee is absent from work for five (5) consecutive working days without proper notification to the Employer, the employee will be deemed to have abandoned and terminated employment without notice. The Employer will make reasonable efforts to contact the employee during the period of absence. 18. Redundancy

6 18.1 Where the Employer considers that the employee s position is likely to be affected by redundancy, the Employer will, except in exceptional circumstances, consult with the employee regarding the possibility of redundancy In the event that the employee is declared redundant, the employee will be given four (4) weeks notice of termination of employment, or at the discretion of the Employer, be paid in lieu of all or part of the notice period. The notice period specified in this clause shall be in place of the notice period specified in the Termination clause above In the event the employee is declared redundant, the provisions detailed in the Employer s HR Policy - Redundancy and Redeployment will apply. 19. Employee Protection Provision 19.1 In the event of a restructuring, as defined in Part 6A of the Employment Relations Act (being the sale, transfer, or contracting out of all or part of the University s business), that may affect the employee s employment, the Employer will: (a) (b) As soon as is reasonably practicable, taking into account the commercial requirements of the business, commence discussions with the potential new employer concerning the impact of the restructuring on the employees positions. Discuss with the potential new employer regarding whether or not it proposes to offer employment to the employees, and if so the terms and conditions under which it proposes to offer employment to the employees, and the proposed date for commencement of employment with the potential new employer. 20. Deductions 20.1 The employee agrees, in the event of the termination of his/her employment, to the deduction from the employee s final pay of any money owing to the University, whatsoever it may be. 21. Resolving Employment Relationship Problems 21.1 If the employee feels that s/he has an employment relationship problem the employee should discuss it with his/her manager first If for any reason the employee does not wish to raise it with his/her manager, or if the employee prefers to raise the matter with the Employer in writing, or if any matter that has been discussed with the manager has not been resolved, the employee should write to the HR Manager, clearly setting out the details of the problem, personal grievance or dispute, and specify the solution the employee is seeking to resolve the matter If the parties are unable to resolve the problem, grievance or dispute, either party may seek mediation assistance from the Department of Labour If the employee wishes to raise a personal grievance, s/he must raise it with the Employer within 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the employee s notice.