Fixed Term Special Character and Special Position Letters

Note: If you have not done so already, please read our Resource Centre article on Fixed term employment agreements before this one – it explains the important background you need to know about fixed terms.

What is the difference between a special character position and a special position?

Special character positions are the most common. These positions are set out in the integration agreement and require the holder, as a condition of appointment, to be willing and able to participate in religious instruction appropriate to the school’s special character. Generally, these are primary school classroom teachers, Religious Education subject teachers, Directors of Religious Studies, and Principals.

Special positions are for specific positions in your school that require particular capabilities to be held by the appointee. Such positions will be detailed in your school’s integration agreement.

Fixed terms covering leave or release by an acceptable candidate

When employing a teacher to cover someone in a special character or special position, who also meets the requirements of that special character or special position, you can use one of the existing fixed term letters available in our Resource Centre article Fixed term letters of offer and notices. Adapt it using the appropriate guide below:

Do not make any other changes to the letters other than inserting the required sections and amending any text in red. Additional wording was provided by the New Zealand Catholic Education Office and the Association of Proprietors of Integrated Schools New Zealand respectively.

Fixed term because no acceptable applicant to appoint permanently to a special character or special position

Many special character schools will have clauses in their integration agreements that specify a minimum number of positions that must be special character positions (previously known as “tagged positions”) with responsibility for religious instruction.

They may also require that a holder of a certain position be able to maintain programmes/activities that reflect the special character of the school or have a particular capability (known as “special positions”).

Such appointments in primary schools are subject to the proprietor’s approval in accordance with clause 52 of Schedule 6 of the Education and Training Act 2020.

A school may advertise for the position and not end up with any candidates that meet the above requirements. In these situations, a fixed term employment agreement (FTEA) may be appropriate.

To legally justify the fixed term, the school must be making reasonable endeavours to fill the position.

In general, this means the school needs to be actively recruiting or waiting a reasonable amount of time to advertise again after being unable to fill the position.

It may be reasonable to wait (up to) four school terms between recruitment processes if the school needs to wait for a more favourable time to attract suitable candidates (such as during Term 4).

The existing practice of some schools to offer fixed term employment agreements for two-year (or more) periods is not appropriate.

If you are dealing with unique circumstances, please contact our Advisory and Support Centre to speak to an employment adviser about your situation.

These letters can be used to appoint an employee using a FTEA while they cover a special character or special position. Additional wording was provided by the New Zealand Catholic Education Office and the Association of Proprietors of Integrated Schools New Zealand respectively.

Catholic – Special Character positions

Catholic – Special positions

Integrated – Special character positions

Integrated – Special positions

Templates, resources, and references

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