Retrenchment
All reasonable efforts will be made to redeploy excess employees to suitable alternative positions. Where a principal forms the view that it is unlikely that an excess employee will be redeployed to a suitable position, other action, including retrenchment, may be considered.
Retrenchment will not be considered unless the employee has been named as excess to the requirements of the school for a period of more than 12 months for a teacher or more than 6 months for an education support class employee and all reasonable efforts have been made to redeploy the excess employee to an alternative position and other options, such as retraining, properly considered.
The retrenchment process can be illustrated as follows:
If retrenchment is being considered, an assessment of the employee’s redeployment prospects must be undertaken by the principal. This assessment will consider the summary report provided by the redeployment and career transition provider and factors such as the redeployment efforts which have been made (including any retraining), the likelihood of a suitable vacancy arising within a reasonable period and the employee’s participation in the redeployment process.
If the principal assesses that an excess employee’s prospects of redeployment are poor, the principal is to provide the excess employee and the Executive Director, People Division with a copy of the Redeployment Assessment comprising:
- the principal’s assessment of the employee’s redeployment prospects and the proposed course of action
- a copy of the summary report provided by the redeployment and career transition provider
- a copy of the summary of the positions (generated via Recruitment Online) for which the employee has been an applicant
The principal is to provide a copy of the Redeployment Assessment to the employee’s union if requested by the employee.
Prior to considering retrenchment action the Secretary (or delegate) must be satisfied that all reasonable efforts have been made to redeploy an employee to suitable alternative positions. As part of the Secretary’s (or delegate’s) consideration the employee will be invited to make any comments or provide relevant information within 14 days from the date the employee receives a letter from the Department to this effect.
At this time, in order to avoid the involuntary retrenchment of an excess employee, all other employees in the school will be invited to volunteer to be named in excess to replace that excess employee. This invitation will remain open for 7 days or such longer period as determined by the principal. A volunteer who elects to accept such an invitation may be named in excess:
- where it would result in the original excess employee no longer being excess to requirements and being absorbed into the school’s workforce, and
- the original excess employee agrees to be absorbed into the school’s workforce
Where the above requirements are satisfied but the volunteer is not accepted, the original excess employee cannot be retrenched.
Where a volunteer is accepted to replace an excess employee, the requirement that retrenchment action will not be considered unless the employee has been named as excess for a period of more than 12 months for a teacher or more than 6 months for an education support class employee does not apply to the volunteer.
Notice of redundancy
Where the Secretary (or delegate) is satisfied the excess procedures have been followed and it is likely the employee (or a volunteer named in place of that employee) will be excess to the requirements of the teaching service, the employee will be issued with a Notice of Redundancy providing a further minimum period of 3 months (the formal notice period) to enable the employee to seek redeployment. The union(s) with coverage of the category of employee will be informed that a Notice of Redundancy is to be issued. At the employee’s request, the employee’s union will be provided with a copy of the Notice of Redundancy.
Where the Secretary (or delegate) proposes to retrench an employee, the Secretary (or delegate) will notify the employee in writing, no earlier than 2 weeks before the expiration of the formal notice period, of the action the Secretary (or delegate) proposes to take and advise the employee that they have 14 days to make any comments to the Secretary (or delegate) on the proposed action.
Notice of termination
After considering any comments received from the employee and should the employee continue to be in excess the Secretary (or delegate) may decide to proceed with any proposed termination action.
The Secretary (or delegate) will advise the principal and the excess employee in writing of the decision and the employee may be retrenched following 4 weeks’ notice of termination.
The notice of termination is increased by 1 week if the employee is over 45 years of age and has completed at least 2 years’ continuous service with the Department.
An employee may elect to terminate their employment from an earlier date and be paid in lieu of the remaining period of notice. The employee must notify the employer of this election in writing. Any payment received in lieu of notice is in addition to the entitlements received on retrenchment.
Entitlements on retrenchment
An employee who is retrenched is entitled to receive any targeted separation package in accordance with public sector policy applicable from time to time and payment in lieu of accrued leave entitlements.
Reviewed 30 March 2020
