[EMPLOYER]

[EMPLOYEE]

Executive Principal Employment Agreement

Table of ContentsParties....................................................................................................................................... 11 Background.......................................................................................................................12 Appointment......................................................................................................................13 Representations................................................................................................................14 Duties/Key result areas.....................................................................................................15 Hours of work.................................................................................................................... 26 Limits on authority.............................................................................................................27 Remuneration.................................................................................................................... 28 Residential accommodation..............................................................................................29 Performance reviews.........................................................................................................210 Reimbursement of expenses.............................................................................................211 Relocation costs................................................................................................................312 Annual leave..................................................................................................................... 313 Sick and bereavement leave.............................................................................................314 Public holidays.................................................................................................................. 315 Study leave.......................................................................................................................416 Parental leave................................................................................................................... 417 Jury service.......................................................................................................................418 Motor vehicle.....................................................................................................................419 Health and safety..............................................................................................................520 Conflict of interest..............................................................................................................521 Confidential information.....................................................................................................522 Intellectual property...........................................................................................................623 Deductions........................................................................................................................ 624 Suspension.......................................................................................................................625 Termination....................................................................................................................... 726 Termination on medical grounds.......................................................................................727 No fault termination...........................................................................................................828 Employee protection provision..........................................................................................829 Redundancy......................................................................................................................930 Abandonment....................................................................................................................931 Personal information.........................................................................................................932 Employment relationship problems...................................................................................933 Variation.......................................................................................................................... 1034 Indemnity......................................................................................................................... 1035 Waiver............................................................................................................................. 1036 Acknowledgment.............................................................................................................10Signatures............................................................................................................................... 10Schedule 1.............................................................................................................................. 11Schedule 2.............................................................................................................................. 13Schedule 3.............................................................................................................................. 20Schedule 4.............................................................................................................................. 21

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PARTIES

[Employer]

(“the College”)

“[Employee’s Name]”

(“the Executive Principal”)

1 Background1.1 Subject to clause 3.1, this Agreement and the documents specified later in this clause

constitute the entire agreement between the College and the Executive Principal and supersede all previous representations, negotiations, commitments and communications, whether written or oral, between the parties. The said documents are:

1.1.1 The position description as may be altered from time to time; and

1.1.2 To the extent that they are applicable to the employment, any rules, policies and procedures and any variations thereto that the College may have or put in place from time to time.

2 Appointment 2.1 The Executive Principal is employed in the position of Executive Principal.

2.2 The Executive Principal’s place of work will be at [insert] but the Executive Principal will undertake such travel requirements (domestic and international) as may be necessary to properly perform his/her duties and responsibilities under this Agreement. The College shall provide the Executive Principal with business class airfares for College business related overseas travel where the flight time exceeds four hours.

3 Representations3.1 The Executive Principal warrants that all representations made by him/her as to qualifications,

skills and experience are true and complete and he/she has not failed to disclose to the College any matter which might have materially influenced the College’s decision whether or not to employ him/her.

4 Duties/Key result areas4.1 The Executive Principal shall be responsible for diligently undertaking the duties and

responsibilities outlined in the position description in Schedule 2. This will include all incidental matters as are reasonably necessary for the proper performance of the responsibilities and duties of the position.

4.2 During the continuance of the employment the Executive Principal shall:

4.2.1 Diligently and faithfully serve the College and use his best endeavours to promote and protect the interests of the College;

4.2.2 Maintain a professional standard of conduct, dress and performance in all matters relating to the services and operations of the College;

4.2.3 Act at all times in a manner which will protect and enhance the reputation of the College;

4.2.4 At all times comply with all lawful and reasonable policies, rules and regulations from time to time set down by the College for the conduct of its employees;

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4.2.5 Take all reasonable care with College property;

4.2.6 Where appropriate entertain clients and other persons who have dealings with the College, and other staff; and

4.2.7 Keep up to date with trends and other news affecting the College.

5 Hours of work5.1 The Executive Principal shall work such hours as are necessary to properly and effectively

perform the duties and responsibilities of the position.

6 Limits on authority6.1 The Executive Principal shall be subject to such limits on his/her authority as may be imposed

by the College’s Board of Governors from time to time.

7 Remuneration7.1 The Executive Principal’s remuneration package is set out in Schedule 1.

7.2 Subject to clause 14.2, the base salary and other benefits provided to the Executive Principal under this Agreement are accepted by the Executive Principal as full compensation for all time worked and duties performed under this Agreement.

7.3 The remuneration paid under this Agreement will be reviewed by the Board annually. There shall be no expectation of an increase in remuneration following any such review.

7.4 The benefits provided to the Executive Principal under this Agreement shall be adjusted in accordance with the percentage annual increase recorded in the Consumer Price Index.

8 Residential accommodation8.1 The College shall provide the Executive Principal with residential accommodation as outlined

in Schedule 1.

8.2 The College shall be responsible for all normal repairs and maintenance to such residence.

8.3 The College will pay the reasonable electricity expenses in respect at such residence up to the maximum amount outlined in Schedule 1.

9 Performance reviews9.1 The Board will carry out a performance review of the Executive Principal each year.

9.2 The matters to be taken into account on such a review under clause 9.1 include the Executive Principal performance generally and against the performance criteria set out in the annual performance agreement.

9.3 An at risk component of up to twenty per cent of the Executive Principal’s base salary may be payable on the Executive Principal reaching, in the opinion of the Board, the performance criteria established in the annual performance agreement.

10 Reimbursement of expenses10.1 The College will reimburse all actual and reasonable employment-related expenses properly

incurred by the Executive Principal in discharging his duties and responsibilities. The College will require such expenses to be supported by receipts or other appropriate documentation which are to be provided to the Board on a monthly basis for authorisation.

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11 Relocation costs11.1 The College will reimburse or pay (as agreed in advance between the College and the

Executive Principal) the Executive Principal’s reasonable costs associated with moving his/her household effects from his/her current residence to the residential accommodation provided by the College, upon taking up the position of Executive Principal.

12 Annual leave12.1 The Executive Principal shall be entitled to six weeks annual leave during each twelve month

period of continuous employment in addition to statutory holidays. Such leave shall be taken during school holidays and at a time that will not unreasonably impinge upon the proper performance of the Executive Principal’s responsibilities and duties under this Agreement.

12.2 Leave under subclause 12.1 of this Agreement shall be taken in the leave year in which it falls due and shall not, unless there are exceptional circumstances, be carried forward to the next leave year. The Executive Principal shall forfeit that part of the leave entitlement which has not been taken in the leave year in which it fell due unless the Board determines that there are circumstances that prevented the Executive Principal from taking all leave during the leave year.

12.3 Without limiting the entitlement of the Executive Principal under subclause 12.1 of this Agreement the parties may from time to time make such arrangements regarding the attendance of the Executive Principal at the College during any period or periods when the College is closed, as the parties consider appropriate.

13 Sick and bereavement leave13.1 The Executive Principal is entitled to ten days’ sick leave per year to be taken in accordance

with the provisions of the Holidays Act 2003. Sick leave may be accumulated to a maximum of twenty days.

13.2 The Executive Principal is entitled to bereavement leave in accordance with the provisions of the Holidays Act 2003.

13.3 The Executive Principal shall notify the College of any absence due to sick or bereavement leave at the earliest opportunity and in any event prior to the Executive Principal’s usual starting time.

13.4 The Executive Principal may be required by the College to provide a medical certificate to support a claim for sick leave. The College’s request for a medical certificate will be made in accordance with the provisions of the Holidays Act 2003.

13.5 The College may require the Executive Principal to produce proof of any bereavement where he seeks to take bereavement leave.

14 Public holidays14.1 The Executive Principal shall be entitled in each year of his employment to the public holidays

outlined in the Holidays Act 2003 on pay. Such public holidays are Christmas Day, Boxing Day, New Year’s Day, 2 January, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s Birthday, Waitangi Day and the appropriate provincial anniversary.

14.2 The Executive Principal agrees to work on a public holiday if required by the College, but in that event the College shall pay the Executive Principal that portion of the Executive Principal’s relevant daily pay or average daily pay that relates to the time actually worked plus half that time again (time and a half) and the College shall grant that Executive Principal an alternative day’s holiday on pay, provided that the said public holiday was a day which would ordinarily be a working day for the Executive Principal.

14.3 In accordance with the Holidays Act 2003 the College and Executive Principal may agree that a public holiday (in whole or in part) may be transferred to another calendar day.

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15 Study leave15.1 During each five year period of continuous service, the College will provide the Executive

Principal with one term’s study leave on full salary, an agreed contribution toward the Executive Principal’s daily expenses and the value of one return airfare for an approved study programme. The timing of study leave must be agreed between the Executive Principal and the College.

15.2 Study leave under subclause 15.1 is conditional upon the Executive Principal giving an undertaking in writing that he/she will return to his/her position at the College at the conclusion of the leave period. In the event of the Executive Principal resigning during the study leave, or within nine months of his/her return from study leave, he/she will repay such part of his/her extended study leave grant as the Board may determine.

16 Parental leave16.1 The provisions of the Parental Leave & Employment Protection Act 1987 shall apply.

17 Jury service17.1 Leave for jury service may be taken either:

17.1.1 As part of the Executive Principal’s annual leave entitlement, in which case the Executive Principal may retain the juror’s fee; or

17.1.2 On full pay, in which case the College shall be entitled to receive payment of the juror’s fee from the Executive Principal.

18 Motor vehicle18.1 The College shall provide the Executive Principal with a motor vehicle.

18.2 The vehicle will be provided on the following conditions:

18.2.1 The College will meet all insurance, registration, petrol, oil, routine maintenance and other business-related expenses reasonably and properly incurred by the Executive Principal;

18.2.2 The vehicle is to be fully maintained and kept in a clean and tidy condition by the Executive Principal at all times;

18.2.3 The Executive Principal will at all times take reasonable care of the vehicle, shall use it properly and responsibly and shall comply with the provisions of the insurance policy relating to the vehicle;

18.2.4 On-going use of the vehicle is subject to the Executive Principal holding and continuing to hold a current endorsed drivers licence;

18.2.5 The Executive Principal will be responsible for the payment of any traffic or parking fines incurred;

18.2.6 The College will replace the car four years from the date on which it is first provided, or when it has travelled 100,000 kilometres, whichever event sooner occurs;

18.2.7 Immediately on termination of employment for whatsoever reason the vehicle will be returned in good condition to the College;

18.2.8 Any damage or accident (whether minor or serious) must be immediately reported to the College. When an accident occurs involving another person’s property, the Executive Principal is required to obtain all relevant information from that person; and

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18.2.9 Accidents involving the carelessness of the Executive Principal may result in him/her being liable to pay the insurance excess.

19 Health and safety19.1 The Executive Principal shall at all times comply with all requirements in respect of

occupational health and safety and meet his/her legislative obligations.

19.2 The Executive Principal agrees to:

19.2.1 Become fully familiar with and comply with all of the College’s rules, policies and procedures covering health and safety and ensure he/she has a sound understanding of the hazards and risks that have a significant impact on the College;

19.2.2 Implement the College’s health and safety plans and systems;

19.2.3 Demonstrate visible leadership in relation to health and safety;

19.2.4 Provide reports on health and safety to the Board;

19.2.5 Organise regular audits and reviews of the College’s health and safety plans and systems;

19.2.6 Take remedial action as required arising from any audits or reviews or instruction by the Board.

20 Conflict of interest20.1 The Executive Principal shall not, during the term of this Agreement, set him/herself in private

business or undertake other employment using knowledge and materials gained in employment with the College. The Executive Principal shall not undertake other employment without the consent of the College.

20.2 The Executive Principal further agrees not to become involved in any situation, which might create or appear to create a conflict of interest, and agrees that during his/her employment he/she shall report immediately any circumstances or situations arising that might involve the Executive Principal or appear to involve the Executive Principal in a conflict of interest.

21 Confidential information21.1 For the purposes of this clause, “confidential information” means any knowledge or

information the Executive Principal may acquire or may have already acquired during the course of the Executive Principal’s employment by the College concerning the business, operations, affairs, property, pupils, parents, customers, clients, staff or suppliers of the College and shall include, but shall not be restricted to, programmes, student contact information, staff personal details, suppliers and supplier contact information, procedural details, financial information, student lists, client lists, computer discs and information stored on such discs, payment arrangements, prices, rates, financial information, marketing strategies and initiatives, and all methodologies. The provisions of this clause shall cease to apply to information which enters the public domain other than that directly or indirectly entered through the failure of the Executive Principal to observe its terms.

21.2 The Executive Principal shall during the continuance of employment and after its termination (howsoever occasioned):

21.2.1 Not disclose any confidential information to any person other than a person authorised by the College to receive it;

21.2.2 Use his/her best endeavours to prevent the disclosure or publication of any confidential information;

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21.2.3 Not use any confidential information to his/her own benefit as distinct from the benefit of the College;

21.2.4 Not use or attempt to use any confidential information in any manner which may injure or cause loss whether directly or indirectly to the College; and

21.2.5 Not turn his/her personal knowledge or influence over any pupils, parents, employees, clients, suppliers, customers or contractors of the College to his/her own direct or indirect benefit.

21.3 Upon termination of this Agreement the Executive Principal shall immediately deliver up to the College any confidential information (whether in hard copy or electronic form) concerning the College.

22 Intellectual property22.1 The parties recognise that the Executive Principal may from time to time during school hours

or outside school hours produce copyright material such as plays, artwork and software, which is intended for use within the College. In such cases the Executive Principal should discuss relevant issues with the Board. The copyright in any material of that kind belongs to the College unless mutually agreed otherwise in writing prior to the production of such material.

22.2 The provisions of subclause 22.1 of this Agreement do not apply to copyright material produced solely outside school hours for use unrelated to the College. If any material produced in this way is subsequently used within the College then such use shall first be authorised by the Board and Agreement reached regarding any cost.

23 Deductions

Should the Executive Principal be indebted to the College for salary forfeited due to the lack of notice (or for any other reason), the Executive Principal agrees that any sum owing may be deducted from the Executive Principal’s salary and/or holiday pay.

24 Suspension24.1 The College may suspend the Executive Principal with pay while the College conducts an

investigation into any alleged misconduct.

24.2 Notwithstanding clause 24.1 the College may suspend the Executive Principal without pay where:

24.2.1 An allegation against the Executive Principal gives rise both to a Police investigation and to an internal disciplinary enquiry by the College into conduct which, if established, would amount to serious misconduct; and

24.2.2 The College has either elected, or been required, to defer completion of its internal enquiry until the outcome of the Police investigation and any prosecution has been ascertained.

24.3 The College may suspend the Executive Principal from work without pay until the outcome of the Police investigation and any prosecution has been ascertained.

24.4 The College’s right of suspension may be exercised only after the Board has informed the Executive Principal of the matters of concern (including the College’s reasons for considering suspension) and has given the Executive Principal opportunity to respond on the issue of suspension and any terms proposed to be attached to it.

24.5 Notwithstanding clause 24.4, the College may suspend the Executive Principal in circumstances of urgency or where compliance is impracticable for reasons outside the College’s control. In such event, the College will use its best efforts to comply with clause 24.4 as soon as practicable.

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25 Termination25.1 Either party may terminate this Agreement on giving six months’ notice in writing to the other

party provided that in such event the College may exercise its rights under any or all of sub clauses 25.1.1 to 25.1.3; namely, at any time during the period of notice, the College may:

25.1.1 Direct the Executive Principal to undertake such duties, directly or indirectly related to the Executive Principal’s position, as the College may think fit;

25.1.2 Direct the Executive Principal not to report for work; or

25.1.3 Terminate the Executive Principal’s employment earlier than the expiry of the period of notice by making payments in lieu of the Executive Principal’s base salary for the unexpired period and any employer superannuation contributions due for that period.

Provided further that up to the termination of the Executive Principal’s employment the Executive Principal and the College shall remain bound by their mutual obligations of trust and confidence.

25.2 Notwithstanding anything in this Agreement to the contrary, the College may terminate the employment summarily and without notice or payment in lieu of notice in the event of:

25.2.1 Serious misconduct, gross negligence or any other justified cause;

25.2.2 The Executive Principal being adjudicated bankrupt, committing any act of bankruptcy or entering into any scheme of arrangement with or for the benefit of his/her creditors;

25.2.3 In the opinion of the Employer, the Executive Principal conducting him/herself, whether or not in the course of employment, in a manner likely to bring the Executive Principal personally or the Employer into disrepute or jeopardise its relationship with customers, clients or the general public; or

25.2.4 The Executive Principal committing any breach of trust or act of dishonesty or being convicted or a criminal office, whether or not in the course of employment.

26 Termination on medical grounds 26.1 The Employer may terminate this Agreement, by giving the Executive Principal the notice

specified in clause 25.1, if as a result of mental or physical illness the Executive Principal is rendered incapable of the proper on-going performance of his duties under this Agreement.

26.2 Before taking any action under this clause, the Employer may require the Executive Principal to undergo a medical examination by a registered medical practitioner nominated by the Employer (at the Employer’s cost). The Executive Principal agrees that the information from the medical practitioner will be provided to the Employer. Should the Executive Principal refuse to comply with such a request, the Employer shall be entitled, following consultation, to make such decision as it deems appropriate about the continuation of the Executive Principal’s employment based on the information available to it.

27 No fault termination27.1 The College and the Executive Principal agree that it is essential for there to be a high degree

of trust, co-operation and support for this employment relationship to be effective. There may be circumstances where, through no fault of either party, the College considers its interests may be best served by a no fault termination. For example, it may be that the College seeks a different style of leadership, or that the College considers that the Executive Principal does not support the strategic direction of the Board of the College.

27.2 The parties agree that, in addition to the other termination rights provided for in this Agreement, the College shall be entitled to terminate this Agreement without cause, or any fault by the Executive Principal. The Executive Principal will agree to waive any rights in

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respect of any warning, disciplinary or redundancy process, provided that the College meets the following payment schedule in full:

27.2.1 Six month’s base salary (in lieu of notice); plus

27.2.2 Accrued entitlements calculated as at the Executive Principal’s final day at work.

27.3 Provided the payment schedule above is met in full, the Executive Principal’s termination under this clause shall not be deemed to be unjustified and the Executive Principal accepts that a process involving warnings is inappropriate to the position.

27.4 The parties acknowledge the mutual benefit arising from the procedure set out in this clause and the intention is to provide both parties with security and certainty of action and to avoid negative implications for the College and the Executive Principal of any claim arising for unjustified dismissal. The Executive Principal therefore shall accept the payments listed as full compensation for the loss of employment and acknowledges that receipt of payment will settle any right he may have to pursue a claim of unjustified dismissal or similar claim relating to the termination of his employment and it is acknowledged by both parties that termination and payment under this clause will represent the lawful termination of this Agreement.

28 Employee protection provision28.1 In the event of restructuring, as defined in the Employment Relations Act 2000 (being the sale,

transfer or contracting out of all or part of the College’s business), that may affect the Executive Principal’s future employment, the College will:

28.1.1 As soon as is reasonably practicable, taking into account any commercial requirements, commence negotiations with the potential employer concerning the impact of the restructuring on the Executive Principal’s position and agree on how those negotiations will be conducted.

28.1.2 Negotiate with the potential new employer regarding:

(a) Whether or not it proposes to offer new employment to the Executive Principal;

(b) If so, the terms and conditions on which it proposes to offer employment to the Executive Principal; and

(c) The proposed date for commencement of employment with the potential new employer.

28.1.3 If in the event the Executive Principal is not employed by the new employer, for whatever reason, the Executive Principal’s redundancy entitlements will be determined in accordance with the terms and conditions of this Agreement.

29 Redundancy29.1 The Executive Principal shall be regarded as redundant where the position held by him

becomes surplus to the requirements of the College or is otherwise disestablished as a result of the closing down of all or part of the College’s business or a reduction in work available or as a result of any other genuine business decision of the College.

29.2 If the employment of the Executive Principal is terminated as a result of the merger, reconstruction, sale, transfer or other disposal of part or all of any business carried on by the College and the Executive Principal is offered employment by the purchaser, any party to the merger, reconstruction or sale or the transferee on terms and conditions substantially the same as this Agreement, then the Executive Principal shall not be regarded as having been made redundant and shall not be entitled to notice or payment of compensation as outlined in clause 29.3.

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29.3 If the Executive Principal’s employment is terminated on account of redundancy, the Executive Principal shall be entitled to six months’ notice of that redundancy but shall not be entitled to an extended period of notice or compensation on account of redundancy.

30 Abandonment 30.1 If the Executive Principal is absent from work without notification for more than five working

days, the Executive Principal will be deemed to have terminated employment and this Agreement shall terminate accordingly on the expiry of the fifth working day or on the expiry of such further period of grace as the College in its discretion may allow.

31 Personal information

31.1 The College maintains a file of essential confidential details. It is important that these records are kept current. Any change in address, phone number, next of kin or other pertinent facts must be advised promptly.

31.2 The Executive Principal authorises the College to collect and hold personal information about or concerning the Executive Principal for the purposes of enabling the College to:

31.2.1 Assess the Executive Principal’s suitability for employment or continuation of employment;

31.2.2 Address disciplinary and/or performance issues; and

31.2.3 Efficiently and properly run the College’s business.

31.3 The Executive Principal authorises the College to disclose the personal information to other persons or agencies (including but not limited to ACC, the College’s insurers and potential insurers, the College’s insurance brokers, the College’s solicitors, accountants or other representatives) for the purposes for which the information is supplied or any directly related purpose.

31.4 The Executive Principal warrants that he/she has supplied all information that is or may be relevant to the College and the other persons or agencies referred to in clause 31.3 and that all such information is true and complete. The withholding of information or misrepresentation in any respect may constitute serious misconduct and may result in summary dismissal.

32 Employment relationship problems32.1 For the purposes of this Agreement the term “employment relationship problems” includes

personal grievances, disputes, and any other problems relating to or arising out of an employment relationship but does not include any problem relating to the fixing of new terms and conditions of employment.

32.2 Employment relationship problems should be resolved by the process set out in the Employment Relations Act 2000 as explained in Schedule 3.

33 Variation

33.1 No waiver or variation to this Agreement shall be effective unless it is in writing and is signed by or on behalf of the parties.

34 Indemnity 34.1 The College shall indemnify the Executive Principal from and against actions, proceedings,

claims and demands made or brought against the Executive Principal by any third party arising out of the performance by the Executive Principal of his obligations under this Agreement other than those arising out of recklessness or wilful neglect on the part of the Executive Principal or the wilful failure by him to carry out any lawful instruction of the College.

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35 Waiver35.1 The waiver of any breach of any term of this Agreement shall not prevent the subsequent

enforcement of that term and shall not be deemed to be a continuing waiver or waiver of any subsequent breach.

36 Acknowledgment36.1 The Executive Principal acknowledges that:

36.1.1 Before entering into this Agreement he/she was given a copy of the Agreement in draft, was advised of the right to seek independent advice on its terms, and was given reasonable opportunity to take such advice;

36.1.2 He/She has been informed of his/her entitlements under the Holidays Act 2003, and that further information as to such entitlements can be obtained from the Ministry of Business, Innovation and Employment; and

36.1.3 He/She will undertake to become fully familiar with the rules, policies and procedures of the College and acknowledges that he will observe them fully during the continuance of employment.

SIGNATURES

SIGNED by "[Executive Principal's Name]" ……………………………….

("[Executive Principal's Name]" )

Date:

SIGNED for and on behalf of

[Employer]

The corporate seal was affixed pursuant

to a resolution of the Board at a duly constituted ……………………………….

meeting in the presence of: ("[Name of College signatory]" )

Date:

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SCHEDULE 1

A. Total remuneration package

1. Remuneration will be paid to the Executive Principal on the basis that he/she is able to exercise some discretion over the elements of and overall salary/benefits which he/she can choose to receive as a part of the total remuneration package.

2. The Executive Principal’s total package shall be valued at $[insert value] per annum. The available range of components, which the Executive Principal may choose to receive subject to the limitation of values specified for each component and the components which have been elected by the Executive Principal, are itemised below (8-10).

Base salary

3. The Executive Principal’s base salary shall be the remainder of money available from the total remuneration package after the Executive Principal has chosen his/her benefits exclusive of the at risk component referred to in clause 9.3.

4. The base salary may be increased by the College from time to time following a review of the Executive Principal’s performance which shall take place at least once each year in terms of clause 9.2.

Vehicle

5. The College will provide a vehicle for the Executive Principal’s use. The Executive Principal is able to exercise some discretion and choice over the vehicle provided by the College provided the vehicle is suitable and appropriate having regard to the make and the purchase price but not in excess of $[insert value]

6. The annual value of this component is $[insert value] and should the Executive Principal select this component the amount of $[insert value] will be deducted from the total remuneration package figure specified above. The rules relating to the use of the vehicle are set out in clause 18.

Electricity expenses

7. The College shall pay the reasonable electricity expenses in respect of the residence, not exceeding $[insert value] per month.

Benefits which may be elected

8. Superannuation: The Executive Principal is eligible to become a member of the College’s subsidised staff superannuation fund. Employer contributions to such scheme and/or KiwiSaver will be as outlined in the explanatory notes below.

9. Medical insurance: The College will arrange medical insurance to cover medical and hospital expenses incurred by the Executive Principal and his/her immediate family. The College agrees to pay the annual cost of such insurance cover to the extent (if any) specified in the summary below.

10. Subscriptions/membership: Annual subscriptions/membership to a relevant airline lounge (such as Koru Club) a local social club and a gymnasium.

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Summary of components elected by Executive Principal

Total remuneration $[insert value (x)]

Less:

Cost of vehicle $[insert value]

Cost of electricity $[insert value]

Cost of superannuation [ ]

Cost of health insurance [ ]

Total benefits [ (y)]

Base salary (x-y) $

Explanatory notes

1. Superannuation

1.1 The Executive Principal shall be eligible to become a member of the College’s subsidised staff superannuation fund. The level of contribution and other matters shall be in accordance with the rules of the scheme in place from time to time.

1.2 On an annual basis, the College shall make employer contributions to a superannuation fund nominated by the Executive Principal for the benefit of the Executive Principal at the rate of ten per cent of the Executive Principal’s base salary.

1.3 In the event that the Executive Principal elects to join a KiwiSaver scheme, the contribution made by the College to any other superannuation fund shall be reduced by the amount of any compulsory employer contribution the College is required to make to the Executive Principal’s KiwiSaver scheme. For the avoidance of doubt, the total contribution by the College to one or more of the Executive Principal’s superannuation schemes shall not exceed ten per cent of the Executive Principal’s base salary.

B. Residential accommodation

1. The Executive Principal’s residence is currently situated at [insert]. The College may at its discretion move the Executive Principal’s residence and provide accommodation to another address. The value of this benefit is $[insert value].

2. The College shall also meet the cost of telephone rental for one residential connection and reimbursement of all business related toll calls.

3. For the avoidance of doubt and while the benefits associated with residential accommodation form part of the benefits attaching to the Executive Principal’s employment, such benefits are not included in the total remuneration package.

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SCHEDULE 2

Executive Principal’s Position Description/Person Profile

Date: [insert]

Position Title: Executive Principal

Location: [insert]

Responsible to: Board of Governors

Responsible for: Senior Management Team

Functional Relationships: Internally - Board of Governors, Senior Management Team, Senior Leadership and Heads of Department, all teaching and non-teaching staff, Chaplain, Development Office, Head of Boarding and boarding staff, Parents.

Externally – Education Review Office, NZQA, Ministry of Education, Parents’ Association, Independent Schools of New Zealand, Media.

Primary Objectives: 1. To grow and position the School as the best secondary school in New Zealand.

2. To achieve long-term financial viability for the School.

3. To provide leadership to the Senior Management Team and staff of the School.

Key Responsibilities: 1. In conjunction with the Board of Governors, provide the strategic direction and leadership for the School in a changing and complex environment.

2. Translate the strategic direction and vision into co-ordinated systems to ensure the achievement of the mission and vision of the School.

3. The Executive Principal has the responsibility to achieve the strategic aims of the Board within resources provided.

4. The Executive Principal is the leader of the School community.

5. The Executive Principal is the CE and all staff employed report to him/her or to delegated staff.

6. Manage all aspects of the School including marketing, finance, facilities, education strategy and curriculum, staff, resources, including the fulfilment of legal obligations.

7. Promote the spirit, vision, mission and progress of the School to the wider School community.

8. Ensure that each individual student is recognised and developed to his/her full potential.

9. Health and Safety and compliance obligations.

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10. Growing the role, including boarding to achieve long term financial viability.

KEY PERFORMANCE INDICATORS

Key Result Areas Key Accountabilities Key Performance Indicators

Strategic Planning Develop and recommend long range strategies and business plans for consideration by the Board.

An agreed [insert] Strategic Plan.

An annual Business Plan by [insert] each year.

Monitor and support the Management Team in the annual preparation and reporting of business plans against the School’s strategic plan.

Environmental scanning is conducted to assess business, economic and political trends which may affect the operations of the School.

Lead and investigate areas of strategic growth opportunities consistent with the School’s core competencies.

Implementation of Strategy

Ensure the successful execution of strategy.

Implement all Board approved strategies including analysis of success or otherwise for the School, and how they can be modified to ensure success in the future.

Provides strategic direction through development and implementation of School strategies, policies and objectives.

Review School performance against strategic, financial and other targets with a quarterly report.

Education Strategy Establish a world-leading education strategy.

Enhance internationalisation.

Foster a wide range of co-curricular activities.

Introduce Teaching and Learning Plan.

Develop an Internationalisation Plan.

Foster discussions about [insert] priorities.

Align the Master Plan with the Education Strategy.

Monitor NCEA results and other measures of achievement.

Lead national discussions about NCEA refinements.

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Key Result Areas Key Accountabilities Key Performance Indicators

General Management Empower and support the Management Team to work effectively to meet School objectives.

Provides effective personnel to ensure excellent teaching and learning, assessment and reporting.

Ensures boarding is excellently managed through a sound working relationship with the Head of Boarding and Housemasters in all matters pertaining to boarding.

Implement annual business plans.

Delegate clearly, identify key accountabilities and monitor performance.

In conjunction with the Board, establish levels of delegation in the following areas:

- Students

- Staff

- Boarding

Marketing Plan A comprehensive marketing plan is developed by the School.

Marketing research gives a full understanding of positioning.

A comprehensive plan to improve the School’s market position is developed and reviewed annually.

An annual promotions plan is in place.

A detailed long term pricing plan is a developed part of the marketing plan.

Recruitment Recruitment of (suitable) students, boarders/day students, nationally and internationally.

Monitor recruitment trends and link to Marketing and Promotion Plans.

Leverage off the Internationalisation Plan through recruitment initiatives in [insert] markets.

Financial & Commercial Management

Financial goals of the School are achieved through effective management of business areas.

Necessary information is garnered in order to make informed decisions.

Quality financial statements, budgets and reports including trend data are submitted for consideration by [insert].

Clearly identified long term financial targets are developed as part of a 10 year financial model.

Expenditure is in accordance with business plans and agreed policies and budgets.

A strategic outlook is maintained in all planning tasks and requirements are communicated effectively.

Lead and support the Development Office with its agreed strategies.

Facilities A long term facilities maintenance and development plan is developed and maintained.

In conjunction with the Buildings and Facilities Committee, a comprehensive campus Master Plan

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Key Result Areas Key Accountabilities Key Performance Indicators

is completed.

Responsibility for the Asset Management Plan.

Planning and coordination of all campus facilities in a complex political environment is effective whilst maintaining operational School requirements.

Oversee negotiations with the School’s insurer to achieve a fair and reasonable settlement for any remaining earthquake claims.

Spiritual Leadership Sustains and develops the special character and culture of the School.

Support the Chaplain and his/her assistants to ensure the special character of the School is reflected in all activities.

Business Objectives Accountable for achievement of the School’s long term business objectives through the effective management of investments and resources.

Operational targets are met.

Continuous Improvement Appropriate staff training takes place to ensure sustainability and growth in the School’s operations.

Provide vision and support to School personnel to embrace continuous improvement in service and productivity.

Encouragement of innovation within the School and its service delivery areas to continue to meet the needs of students and their families.

Communication Communication of accurate and timely information to the Board and Management Team, as required.

The Board are kept informed of current issues, initiatives, and progress towards objectives outlined in the business plans.

High quality papers are prepared for the Board and its Sub-committees.

The Board are kept informed of issues/risks which could impact on the achievement of School plans.

Communicates effectively with the key stakeholders of the School.

Upholds and develops the reputation, purpose and character of the School to external agencies: parents, students and the wider community.

Scholarships Develop a comprehensive Ensure the marketing plan leverages

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Key Result Areas Key Accountabilities Key Performance Indicators

Scholarships’ strategy. off the Scholarship Strategy.

Recommend specific target areas e.g. sport for new scholarships.

Consider the role of Internationals Scholarships.

Investigate the opportunities for scholarships for Maori and Pasifika students.

Leadership & People Management

Lead, manage and support the Management Team to achieve objectives.

Recruitment of staff.

Provide leadership, direction and co-ordination to the Management Team.

Act as a role model and mentor.

Ensure all direct reports are performing to the requirements of their positions by managing their performance, coaching and providing support to ensure their success.

Maintain effective and regular staff communication within the Management Team and staff as required to share School vision, celebrate successes and advise of challenges.

Effective performance development and review systems are implemented and maintained to ensure organisational performance improves over time.

Ensure an effective professional development programme and Performance Appraisal Development System are in place for staff.

Establish appropriate remuneration structures and succession planning initiatives and strategies.

Negotiation of collective agreements with unions.

Statutory and Reporting Requirements

Ensure compliance with Ministry of Education requirements and the provision of Acts such as Health and Safety, Human Rights, Privacy are met.

Ensure compliance with the policies of the Board.

Maintain the School’s risk management register and lead/support the operation to comply with legislation.

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Key Result Areas Key Accountabilities Key Performance Indicators

Meets satisfactorily the professional standards laid down by the Education Review Office, NZQA and Ministry of Education, covering the primary accountability areas of the Principal’s position, in conjunction with the Board requirements for the position.

Professional & Personal Development

Maintain and further develop own levels of skill and effectiveness in relevant managerial and professional areas.

Lead the development of the Management Team.

Attend relevant professional courses and programmes as approved by the Board.

Awareness of current thinking on industry and professional marketing and management practices.

Maintain an open mind as to developments which might be applicable to School business.

Maintain and enhance a positive culture for all School staff.

BEHAVIOURAL COMPETENCIES

Key Competencies –

Drive for results

Strategic agility

Managing vision and purpose

Business acumen

Motivating others and building successful teams

Decision quality

Global perspective

Thorough planning

Successful negotiating ability

Emotional intelligence

Curiosity

Focus – focus on adding value through a ‘can do’ attitude

Innovation – the generation of creative ideas with the strategies to implement

Solution focused – looking beyond the obvious with effective solutions

Initiative – brings ideas for creating a better school to the Board

People centric – working with and through one another

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TASK CAPABILITIES

Time Management – an ability to effectively schedule own time and activities

Pressure Tolerance – stability of performance under pressure, acknowledgement of situations, showing ability to address/confront an issue appropriately

Integrity – high level of tact, maintaining social, confidential and ethical standards appropriate to the School

Communication – an ability to express ideas orally and in writing clearly and succinctly.

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SCHEDULE 3

Employment relationship problems

1. The Executive Principal must initially raise the problem with the Chair of the Board of Governors or the Board. If the problem is a personal grievance, i.e. the Executive Principal feels they have been unfairly dismissed or unfairly treated, then the problem must be raised with the Chair of the Board of Governors or the Board within 90 days of the action that caused the grievance. In some circumstances, the personal grievance may be raised outside the 90 day period.

2. The College will acknowledge submission of the grievance or problem. If necessary the College will seek clarification from the Executive Principal as to the exact nature of the grievance or problem alleged.

3. The Executive Principal and the College should then attempt to resolve matters between themselves. The parties may request information or assistance from Resolution Services, Ministry of Business, Innovation and Employment (“MBIE”).

4. If the matter cannot be resolved between the College and the Executive Principal themselves, they may take part in mediation provided by MBIE. The parties may use the mediator to assist them in reaching a decision. Alternatively, they may request that the mediator make a decision for them. Any settlement reached after mediation will be binding on the parties.

5. If the grievance or problem remains unresolved, the Executive Principal may apply to the Employment Relations Authority (“the Authority”). The Authority may direct the parties to MBIE for mediation if the parties have not attempted mediation, or the Authority considers they have made inadequate attempts at mediation. Alternatively, the Authority may investigate the problem and make a determination.

6. If either party is unhappy with the Authority’s decision, they may appeal to the Employment Court. This appeal must be brought within 28 days of the Authority’s decision.

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SCHEDULE 4

HOLIDAYS ACT 2003 (INFORMATION SHEET)

Under s73 the Holiday Act 2003 the Employer is required to inform the Employee of his/her entitlements under that Act and that further information about his/her entitlements can be obtained from a union (if the Employee is a member) and/or the Ministry of Business, Innovation and Employment (through the Employment Relations Infoline 0800 20 90 20).

This sheet sets out a summary of the main legal entitlements relating to annual leave, public holidays, and sick and bereavement leave. In this regard the Act only sets out minimum entitlements.

Under the Act the Employee is entitled to:

Annual leave Public holidays Sick and bereavement leave

Annual holidaysAt the end of each 12 months of continuous service an employee is entitled to 4 weeks paid annual holiday. This entitlement falls due at the end of each anniversary of the employment and remains in force until it has been taken as paid leave.

An employee is entitled to take leave within 12 months after it has fallen due and is entitled to take up to 2 weeks of annual leave as one continuous holiday.

An employee may take annual leave in advance of entitlement accruing with the consent of his employer.

The Act prescribes how holiday leave is to be paid. In this regard payment for annual leave is to be calculated as the greater of the employee’s: Ordinary weekly pay, which includes regular allowances, commissions, or overtime, or average weekly earnings, being the employee’s gross earnings averaged over the 52 week period ending at the end of the last full pay period prior to the time leave is taken.

The Act recognises “closedown periods”. These are periods when the Employer customarily discontinues its business operations. An employer can require that an employee takes annual leave during its closedown period, irrespective of whether or not he/she agrees to do so. In such an event the Employee is entitled to at least 14 days’ notice of its requirement to take leave.

The Act provides that an employee may request (in writing) that a portion of his/her annual leave be paid out, up to a maximum of one week of annual leave in any one entitlement year. An employer is not obliged to agree to such requests and is not required to provide reasons for refusing any request.

Public holidaysEmployees are entitled to 11 public holidays as outlined in s44(1) Holidays Act 2003 (where those days would otherwise be working days for that employee). These are: Christmas Day, Boxing Day, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, Sovereign’s Birthday, Labour Day, and your local provincial anniversary day.

Where the Employee works on any such public holiday, he/she is entitled to payment at one and a half times his/her usual rate of pay for time actually worked on that public holiday and an alternative day’s holiday.

The entitlement to an alternative day’s holiday only applies where the public holiday in question falls on a day that would otherwise be a working day for the Employee.

Payment for an alternative day’s holiday shall be the equivalent of one day’s relevant daily pay or average daily pay.

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The employer and employee may agree (in writing) that a public holiday may be transferred in whole or in part to another calendar day, provided that the new calendar day is identified as a specific day, is a day that would otherwise be a working day for the employee and does not reduce the number of public holidays the employee would otherwise be entitled to.

Sick and bereavement leaveAn employee is entitled to sick leave and bereavement leave after he/she has completed six months current continuous service with the Employer, or where the Employee over a period of six months has worked for the Employer for at least an average of ten hours per week; and no less than one hour every week, or no less than forty hours in every month. Once an employee has qualified for such leave he/she will be entitled to:

Five days paid sick leave per year. The Employee may carry over up to fifteen days unused sick leave to any subsequent twelve month period, to a maximum of twenty days current entitlement. Sick leave may be used where the Employee is sick or injured, his/her spouse is sick or injured or a dependant of the Employee is sick or injured.

Bereavement leave of three days upon the death of a close relative (as set out in s69 (2) of the Act).

Bereavement leave of one day upon the death of any other person in circumstances where the Employer accepts the Employee has suffered a bereavement or where the Employee has some responsibilities to perform in relation to a funeral or other ceremony, and any cultural responsibilities the Employee may have in relation to the bereavement.

An employer is entitled to require an employee to provide proof of sickness or injury if either:

that endures for at least three consecutive calendar days; or

that endures for less than three consecutive calendar days and the employer informs the employee as early as possible that the proof is required and meets the employee’s reasonable expenses in obtaining the proof.

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