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Positively managing an employment problem

Positively managing an employment problem

While a board is the employer of all school staff, most boards will have limited (if any) involvement in managing day-to-day employment issues. These are generally delegated to the principal.

Normally, an employment matter will only reach your board when it has not been resolved through the usual operational policies and procedures.

You can read more about these in our articles on concerns and complaints.

When does your board become involved?

One area where boards have an immediate and direct involvement is in their employment relationship with the principal.

An employer’s role is to support staff by providing all the tools, support, and resources they need to do their job safely and to the best of their ability.

How can your board prevent something from happening?

As with any employment relationship, all parties are expected to always act in good faith, be fair, reasonable, and objective, and use robust and consistent processes and procedures.

To learn more about good faith, please read our article an introduction to the board’s role as a good employer.

One of the simplest ways your board can minimise the potential of issues is to establish a solid working relationship with the principal.

To learn more, please read our article on the board and principal employment relationship.

Another key element of this working relationship is having a robust and regular monitoring and reporting policy/procedure with clear expectations for the principal.

To learn more, please read our article on monitoring and assessing principal performance.

What does your board need to know?

Just like there are objectives and codes your board must follow, principals have a code and standards they must adhere to.

By becoming familiar with the professional code and standards,  the limitations placed on your principal, and their employment terms and conditions, your board will be a better partner in the employment relationship:

For Area school principals, refer to the standards in the Primary and/or Secondary Collective Agreements.

Along with the standards outlined in the Collective Agreements, all principals are bound by the Teaching Council’s Our Code Our Standardsopen_in_new.

If an issue arises with your principal, we recommend contacting us for advice and support.

Note: There are several unions and professional associations that principals can belong to. Do you know which of these your principal is a member of?

What does your principal’s Collective Agreement say about working with your board?

Each agreement includes clauses that highlight the importance of a collaborative, professional relationship between principals and boards:

Resolving employment relationship problems

The obligation to act in good faith is on both parties in the employment relationship.

An overarching principle in the CA provisions and the Employment Relations Actopen_in_new is to resolve issues at the lowest level possible.

This also includes the following:

  • Only necessary people involved

  • Maintain confidentiality

  • Deal with the matter promptly

  • The outcome must be balanced against the seriousness of the issue.

“Many complaints will be able to be resolved by discussion between the Board and the Principal without the need to take the matter any further.

Wherever appropriate, the board should seek to resolve complaints in this manner in the first instance”.

– Primary Principals Collective Agreement

Early, timely, constructive communication is key to achieving the satisfactory resolution of issues that may arise between a board and principal. 

Keep in mind the requirement to protect the mana (respect) and dignity of the principal.

What do the Collective Agreements say about resolving employment problems?

Each of the principal Collective Agreements has provisions that describe employment relationship problems and how to attempt to resolve them.

What does your board need to know about conduct and discipline?

A principal is both a member of the board and the CEO (or operational manager) of the school.

Therefore, boards are expected to act with a certain standard and duty of care in managing employment issues with their principal.

Board members need to ensure they act impartially and objectively at all times and do not allow a conflict of interest or personal feelings to cloud their thinking and judgement.

What do the Collective Agreements say about complaints, conduct, and competency?

All of the principal Collective Agreements have provisions for dealing with complaints, conduct, and competency matters with their principals, and these must be followed at all times.

Conflicts of Interest

A conflict of interest is when your duties or responsibilities as a member of a school board conflict with, or could be perceived to be in conflict, with some other interest you might have outside your role as a board member.

In the context of an employment process, an example may be that you are friends with a complainant or the principal works with your child daily. 

In these situations, you are expected to declare your conflict and recuse yourself from the process, including decision making.

This prevents potential challenges to the process or perceptions the process may have been "biased" or “pre-determined” in some way.

If you are unsure whether you have a conflict and should recuse yourself, contact us for advice.

Questions your board could ask 

  • What is our working relationship like with the principal?

  • What areas do we need to improve in, if any?

  • What policies and procedures do we refer to if there is an employment issue with our principal?

  • Do we understand what it means to attempt to resolve an issue at the lowest level possible?

  • How do we actively support our principal in leading the school?

  • Does the whole board deal with employment issues with our principal, or do we have a committee?

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

Collective Agreements

Teaching Council

Legislation