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Board as a Good Employer
An introduction to the board's role as a good employer

An introduction to the board's role as a good employer

Did you know that your board is the legal employer of all the staff in your school? 

In this section, you can learn about your board's role as a good employer, including setting policies, appointing staff, leave management, and more.

For guidance on the working relationship between your board and the principal, refer to our collection of articles on Board as Employer of Principals.

A higher standard for NZ schools

The Education and Training Act specifically requires boards to be “good” employers, not just employers.

Section 597open_in_new states that boards are required to have an employment policy, make that policy available to staff, and ensure compliance with that policy.

The same section goes on to state that boards must ensure that employees maintain proper standards of integrity, conduct, and concern for the public interest; and the wellbeing of students attending the place of education.

This Act also requires boards to ensure that schools are physically safe spaces for all students and staff (Section 127open_in_new).

These points link to how your board’s employer role impacts student engagement, wellbeing, and achievement.

To learn more about this Act, please read our article on the Education and Training Act 2020open_in_new.

Public Service values

Because school boards are Crown Entities, the Public Service Act 2020open_in_new applies to them. This means there are expected standards your board must follow:

  • Impartial

    Treat all people fairly, without personal favour or bias.

  • Accountable
    Responsible for your work, actions, and decisions.

  • Trustworthy
    Act with integrity and be open and transparent.

  • Respectful
    Treat all people with dignity and compassion, and act with humility.

  • Responsive
    Understand and meet people’s needs and aspirations.

Good faith

Section 4open_in_new of the Employment Relations Act 2000 requires parties of an employment relationship to deal with each other in good faith.

The employer and employee must be active (timely), constructive, open, and transparent in their employment relationship.

To learn more, please read Employment New Zealand’s article on good faithopen_in_new.

Natural Justice

The term Natural Justice is often referred to in employment processes. It originated in the courts around what fair court processes look like. The same principles apply when carrying out an employment process:

  • Act fairly towards people affected by your decisions

  • Provide notice and all relevant information, ensuring there are no surprises

  • All parties have the right to be heard – so your board knows the whole story before making a decision

  • Unbiased consideration – maintain an open mind

  • Communicate decisions and provide clear explanations based on relevant matters

  • Offer a support person where appropriate.

Employment policies

As a good employer, your board’s primary responsibility is to ensure compliance with its employment policies.

This includes an equal employment opportunities programme and communicating the extent of compliance with employment policies through the annual report.

The legal references to these requirements can be found in Section 73 (1a)open_in_new of the Public Service Act 2020 and Section 597 (1a)open_in_new of the Education and Training Act 2020.

When setting and reviewing operational or employment policies, to ensure compliance, we recommend that:

  • Your employment policies must contain provisions for the fair and proper treatment of employees, including good and safe working conditions, as well as the recognition of Māori.

  • All staff are consulted on the policies (where appropriate).

  • Policies are made available to all staff.

  • Assurance is sought from the principal that all school staff comply with them.

You can read more about your policy obligations in our article An introduction to governing through policy.

Note: It’s important that your board demonstrates leadership and commitment to its own policies. In other words, your board should walk the talk. 

Who does what when it comes to employment?

While your board is ultimately accountable for employment matters, day-to-day staff management is delegated to the principal, who serves as the school’s chief executive.

Any additional delegations must be documented so your board and principal understand their respective roles and responsibilities.

These delegations may include managing employment processes such as conduct matters, personnel files, remuneration matters, recruiting staff, leave, staff professional development, and staff professional growth cycle.

Although your board delegates certain responsibilities to the principal, your board should monitor certain areas of employment, such as:

  • Overall staff wellbeing through sound policies and procedures

  • Compliance with the safety checking of staff and volunteers

  • Compliance with the school’s child protection policy.

Employment of school staff

School boards may appoint, suspend, and dismiss school staff (including the principal).

(As stated under section 128open_in_new and section 129open_in_new of the Education and Training Act.)

Employment decisions must always be based solely on a candidate or employee’s ability to do the job and not take into account gender, ethnicity, sexuality or any other irrelevant personal characteristics prohibited by the Human Rights Act 1993open_in_new.

For more detailed guidance, please read our article on staff appointmentsopen_in_new.

School boards and staff have terms, conditions, duties, and obligations in their relevant collective agreements.

You can read more about collective agreements in the People and employmentopen_in_new section of the Ministry’s website.

Other employer responsibilities

Naturally, there are other responsibilities that come with being a good employer.

The Privacy Act 2020open_in_new and the Health and Safety at Work Act 2015open_in_new are examples of legislation that outline additional employer duties.

But that’s the beauty of what our organisation does…

You don’t have to be an expert in every piece of legislation – we summarise the mahi for you!

Our guidance articles, templates, and resources are carefully reviewed to ensure they are legally compliant.

We also usually state which Act and section we base our advice and guidance on.

Questions your board could ask

  • What employment policies do we have in place, and when were they last reviewed?

  • How do we ensure that our policies are being complied with?

  • How often is staff wellbeing an agenda item at board meetings?

  • Are we clear on what employment responsibilities should be performed by our board and which ones are delegated to the principal?

  • Are the delegations clear, and have they been recorded in writing?

  • Do we have any gaps in our good employer obligations, and if so, what will we do about them?

Templates, resources, and references

Click on the link(s) below to access this topic’s templates, resources, and references.

Depending on your device, these may download or open in a separate browser.


Links from us

Employment New Zealand

Ministry of Education

Education and Training Act 2020

Public Service Act 2020

Employment Relations Act 2000

Other Legislation