Legal

Does a school have jurisdiction over a teacher’s behavior in the evenings and weekends?

The actions of a teacher may constitute misconduct or serious misconduct, even though they take place outside the school gates and outside school hours.  The legislation is not structured in such a way as to draw a line between a teacher’s private and professional life.  The principal question is not whether some incident took place in a teacher’s private or professional capacity, but rather whether the teacher’s actions, wherever and whenever they took place, reflect adversely on his or her fitness to be a teacher.

Is there a limit on the number of fixed terms that an employee can be employed for?

The legal test is whether the fixed term is for “genuine reasons based on reasonable grounds” and the number of fixed terms that the employee has been employed for previously will be relevant in meeting this test but it will not be determinative.  Note that the reason for the fixed term must be stated in the employment agreement together with the commencement date and expiry date.

Advice & Guidance question:

If a teacher has previously undertaken one school term of advice and guidance which they have successfully completed, and then subsequent issues arise, is it possible to go straight to the second stage of advice and guidance?

 

No, if the teacher has been signed off as having successfully addressed the performance issues in the advice and guidance programme, any performance issues which arise at a later date will require a new process to be commenced.

Why do we have to come through SPANZ initially to access the Legal Fund?

You are welcome to contact Harrison Stone directly if you are a SPANZ Legal Member.

Harrison Stone have an up to date list of all our Legal members and can assist you immediately upon checking your membership status.

If you are not a legal member you will need to contact SPANZ initially to upgrade your membership. 

Please note: we are unable to cover you for an existing legal issue you may already be dealing with - so we encourage you to pick up legal membership at the beginning of each year so you have peace of mind during your school year.