Redundancy Guidelines - A guide for Catholic Schools

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Redundancy Guidelines

A guide for Catholic Schools
Redundancy Guidelines – A guide for Catholic Schools

PART 1: REDUNDANCY GUIDELINES

REDUNDANCY PROCEDURES AND GUIDELINES FOR CATHOLIC EDUCATION IN VICTORIA

Preamble
These Procedures of the Catholic Education Commission of Victoria (CECV) Ltd replace the Redundancy
Procedures promulgated by the CECV in 1997. The Victorian Catholic Education Multi Enterprise Agreement
2013 (VCEMEA) contains the procedures to be followed. This document amalgamates the procedures and
guidelines into one document.
The Procedures and Guidelines apply to all workplaces in Catholic Education. Notwithstanding, some
employees are covered by, contracts and agreements which place legal obligations upon employers.
The Procedures and Guidelines have been designed to ensure a consistent and fair approach to be applied to
all in Catholic education. The full co-operation of all parties is essential therefore for all engaged in the
providing of advice to schools to work together to help the situation reach a satisfactory conclusion.

Definitions
For the purpose of these Procedures, a potential redundancy situation applies where any member of staff could
be disadvantaged in his or her current employment contract as a result of changes in funding, curriculum,
enrolment decline, or as a result of policy/administration changes. Those procedures, when followed override
the employer’s obligation to consult in accordance with the introduction of change clause in the VCEMEA.

Objectives
The objectives of these Procedures and Guidelines, in order, are to:
(i) avoid redundancies in Catholic schools in Victoria;
(ii) delay redundancies where this is not possible and
(iii) facilitate those declared redundant to find other suitable employment within Catholic education so that
      they do not suffer financially as a result of being declared redundant.
With this in mind it is the intention of the CECV that these procedures be applied as early as possible. This
also allows the appropriate consultation to occur and the provision of notice where applicable.

Timelines
The timelines are a guide only. They are based on the assumption that a redundancy will take effect from the
beginning of a school year and that the information upon which a potential redundancy is identified is available
early in the year previous to the redundancy. Where a situation arises in other circumstances (e.g. as a result
of student elective choices late in a school year, or unanticipated enrolment decline in the February census) the
timelines contained in this document may not apply and the school will notify the parties as soon as the
potential redundancy situation is identified so that Step 1 can commence.

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Redundancy Guidelines – A guide for Catholic Schools

RE-EMPLOYMENT ASSISTANCE

A:             Role of the Diocesan Catholic Education Offices
In order to achieve the aims outlined above, the Diocesan Catholic Education Offices will assist staff to find on-
going employment where: -

(i) schools have declared individual staff members redundant, or
(ii) the school has announced its closure, or
(iii) the school has announced that it is amalgamating with another school/s.

The Diocesan Catholic Education Offices will consult with the parties on a regular basis as to :-

(i)    the number of redundancies still remaining, and
(ii)   the ways that have been employed to assist staff find on-going employment.

B:             Interviews
Where an application is made for a vacant position in a Catholic school in Victoria, and :-

(i)    the applicant has the qualifications and experience to fill the vacancy, and
(ii)   the applicant identifies that he/she has been declared redundant from another Victorian Catholic school
       then the school should interview the applicant for the position.

C:             Vacancies
While a situation of potential redundancy exists in Catholic education in Victoria, every school which has a
vacancy for an ongoing position is encouraged to advise the Diocesan Catholic Education Office of such a
vacancy.

As a service to schools, the Diocesan Catholic Education Offices will circulate a list of these notifications on at
least a fortnightly basis.

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PART 2: PROCEDURES FOR CATHOLIC EDUCATION IN VICTORIA

STEP 1:       THE REDUNDANCY IDENTIFICATION (AND INVESTIGATING WAYS OF AVOIDING
              A REDUNDANCY)

Procedures
       (a)     In each year as soon as a potential redundancy situation is identified at the school level, the
               Employer/Principal shall communicate this fact to the staff, in writing, with an outline of the
               reasons for the potential redundancy.
       (b)     A copy of this notification shall be forwarded at the same time to IEU, CECV, PAVCSS and the
               relevant country Diocesan Director. The notification to CECV will be provided to the Director
               CEOM.
       (c)     A copy of these procedures is also to be given to each staff member.

Timeline
This step to take place by the end of the third week of the third term where the redundancy would be effective
at the end of the year.

The timeline is an indication of the latest date at which it is expected that the staff are informed of the potential
redundancy. It is to be noted that the staff are to be informed as soon as the school identifies the potential
redundancy in that year.

As soon as a potential redundancy situation is resolved at the school level, the Employer/Principal shall
communicate this fact to the parties.

Guidelines
Attachment 1 is the letter of notification to staff. A copy of the notification must be given to each staff member,
including those on leave, and should also be placed on the staff notice board.

Attachment 2 is the letter to be forwarded to IEU, CECV, PAVCSS and the relevant Diocesan Director, at the
same time that the notification to staff is issued.

After the staff have been notified in writing the school should commence procedures to resolve the potential
redundancy.

In investigating the alternatives available, a written record shall be held of the information obtained and the
efforts made to ascertain any way of resolving the problem.

Attachment 3 is the information pro forma that may assist in avoiding the redundancy or, where this cannot be
achieved, deciding the persons to be declared redundant. It should be attached to the Attachment 1 letter
with the information included, except for stated intention and staff comment. The staff member should amend it
if necessary, and sign it and return it to the Principal. The Principal should check and verify the returned copy
and meet with any staff member who seeks an appointment. A written record of any such meeting should be
kept by the Principal.

A staff member may indicate on this Attachment 3 that they are willing to make a voluntary offer to be
declared redundant. It is important that staff be informed that if they indicate a willingness to make a voluntary
offer to be declared redundant, that this may or may not be taken into account as a factor in the Step 3

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redundancy meeting. As a result, staff should be informed of the need to seek advice before indicating a
willingness to make a voluntary offer to be declared redundant.

Where a redundancy is confined to Teachers only or Non-Teachers only, the Attachment 1 letter may be sent
to this class of employee only.

Included in the alternatives that the Employer/Principal should investigate are the following:

       (a)      What efforts can be made to re-deploy existing staff within the school;
       (b)      Staffing requirements in all other schools under the authority of the present employer;
       (c)      The possibilities of employment of staff in neighbouring schools;
       (d)      Any additional funding that may be available, e.g. additional government funding, parish support;
       (e)      Retraining possibilities;
       (f)      Possible leave arrangements e.g. Leave Without Pay, Long Service Leave, Parental Leave,
       (g)      Applications by staff indicating that they are willing to make a voluntary offer to be declared
                redundant.
When staff are asked what their intentions are for the period concerned (e.g. the following year) it should be
noted that it is unacceptable for staff to be pressured into applying for positions elsewhere because it may be
seen that the school has pre-empted the necessary consultative and deliberative processes in later steps.

The information in Attachment 3 is to assist the Principal for planning purposes and should not be used in lieu
of standard resignation/employment practices.

If the redundancy is avoided by a suitable alternative then Attachment 4 is the letter to be sent to all the parties
named above, outlining the way in which the problem has been solved. No further STEPS need be taken.

STEP 2:        THE REDUNDANCY DOCUMENT

Procedures
If the potential redundancy is not solved, the Principal will send either :-

       (a)      a redundancy document to all the parties mentioned above. The contents of this document are
                outlined below, or
       (b)      a notification that a voluntary redundancy and/or an offer of ‘leave without pay’ has been
                accepted. Attachment 4 can be used for this notification.

Timeline
The Employer's/Principal's document is to be sent to the parties at the beginning of the third last week of third
term, but must be received by the parties at least three working days before the date of the Step 3 meeting.

Guidelines
The development and distribution of the school's redundancy document is the responsibility of the
Employer/Principal. The document will include the following information:

       (a)      The Reasons for the Potential Redundancy
                The Employer/Principal should outline the reasons why the problem exists. Information such as
                funding, staffing and enrolments (past, present and projected) are factors which are important.
                Issues such as Funding, Staffing and Curriculum change should also be mentioned where
                relevant.

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     (b)     The Number and Categories of Staff Likely to be Affected
             The teaching and/or non-teaching areas where the redundancy is likely to take place and the
             numbers of staff involved are identified.
     (c)     The Number of Staff Employed and Details of their Employment
             Names of all staff will be listed on Attachment 3. Each staff member must be given an
             opportunity to verify that the information on the form is fair and accurate.
     (d)     Alternatives Investigated
             (i)    the possibilities of redeploying staff within the school;
             (ii) information re staffing requirements (e.g. vacancies) in all schools under authority of
                    employer;
             (iii) information about vacancies in neighbouring schools;
             (iv) information about any extra funding available including attempts made to seek such funds;
             (v) the possibility of re-training;
             (vi) possible leave arrangements.
             (vii) Indications by staff that they are willing to make a voluntary offer to be declared redundant
     (e)     Special Funding to Tide Over a Redundancy Gap
             Where it is known that only a small gap of over-employment may occur, it is desirable to consider
             whether funding can be arranged to tide over this gap. The school should outline to the parties
             the efforts it has made to address this possibility.

Notes:
     1.      This document is forwarded to the parties mentioned in Step 1 of the Procedures and a meeting
             arranged in accordance with Step 3. Attachment 5 is the letter to be used in this instance.
     2.      Section C of this document remains confidential to the parties.

STEP 3       THE REDUNDANCY MEETING

Procedures
     (a)     A meeting will be held between the relevant parties to consider the Employer's/Principal's
             redundancy proposal.
     (b)     The parties will seek to agree on the criteria to be applied.
     (c)     Given agreement on both the criteria to be applied and the redundancy proposal, the
             Employer/Principal shall indicate to the parties at the meeting the name/s of the person/s to be
             declared redundant. The person/s so named shall be informed within a week of the meeting by
             the Employer/Principal.
     (d)     In the event of the disagreement by any party with any of these stages, that party shall indicate
             to the meeting why there is disagreement. Failing resolution, Step 3 (e) will apply.
     (e)     A second meeting will be held to attempt to resolve the disagreement arising in Step 3 (d).
     (f)     If agreement cannot be reached as a result of the meeting in Step 3 (e), the Employer/Principal
             shall inform the parties at the meeting of the action that the Employer/Principal intends to take.

Timeline
     (a)     The actual time and place will be decided by mutual agreement between the parties and the
             Employer/Principal, but the meeting is to take place between the Monday of the second last
             week of third term and the Friday of the first week of fourth term, the school holiday time to be
             included).
     (b)     The meeting outlined in Step 3(e) will take place within one week of the meeting in Step 3 (a).

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Guidelines
The relevant parties mentioned in Step 3 of the Procedures shall be IEU, CECV, PAVCSS and country
Diocesan Director.

The following outlines possible criteria which the parties will take into consideration and criteria which may not
be put forward.

Deciding who is to be declared redundant
1.     Criteria
       (a)      Identify the needs of the school.
       (b)      Identify the work currently being performed which will no longer need to be performed due to
                redundancy.
       (c)      Identify those staff who, if declared redundant, could not be replaced by any member of the
                existing staff having regard to the programs planned for the period after the redundancy; i.e. new
                staff would have to be employed if that person (s) was declared redundant.
2.     Factors
       (d)      The Employer/Principal will nominate the factors (from those below) which have been considered
                in determining the staff member (s) to be declared redundant, from those staff members not
                included in step C above. The Employer/Principal will advise those attending the meeting of the
                factors and any priority that has been applied to these factors
                 Current Contract of Employment
                 Current Duties
                 Curriculum Programs
                 Experience
                 Funding Base for Staff Member
                 Graduate Status
                 Length of Service
                 Pastoral Considerations
                 Previous Redundancy History
                 Qualifications
                 Specialist Expertise
                 Staff member’s willingness to make a voluntary offer to be declared redundant
       (e)      Factors which cannot be used:
                1.     Person is a Union Representative / Union Affiliation
                2.     Person's Sex, Marital Status, Age, Pregnancy
                3.     Person's Lifestyle
                4.     Person's Competence or Otherwise, or Suitability or Otherwise
                5.     Person's Religion

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STEP 4:       NOTIFYING THE REDUNDANCY RESULT

Procedures
The parties attending the meeting in Step 3 are notified in writing of the details of the Employers action
following Step 3.

Timeline
The notification must be forwarded to the parties within two weeks of the meeting in Step 3.

If the notification is for 15 or more employees, then the CES should be notified in accordance with the
Australian Workplace Relations Act (1996) (Section 660).

Guidelines
Attachment 6 is the letter to individual members of staff (given to that employee at a meeting with the
Principal/employer) confirming a declaration of redundancy. The employer when informing the employee that
they have been declared redundant shall also inform the employee of the forms of assistance that they can
offer to the employee. (e.g. time off to attend interviews) as well as an offer of Leave Without Pay for the
following school year.

Should an employee take up the offer of Leave Without Pay, then the Principal should send the employee a
letter offering Leave Without Pay as per Attachment 10 and notify the parties as per Attachment 11.

Should an employee provide a reason why their employment should not be terminated as a consequence of
redundancy, which is :-

       (a)     acceptable to the employer then the process should revert to Step 3
       (b)     unacceptable to the employer then the employer should respond in writing stating that the reason
               is unacceptable. This letter is included as Attachment 7
Attachment 8 is the letter to be forwarded to the parties following Step 3, which advises of the ultimate outcome
of the matter.

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STEP 5:        ASSISTANCE IN RE-EMPLOYMENT

Procedures
       (a)      The principal forwards a letter (Attachment 9) to the relevant Director of the Catholic Education
                Office requesting that the Director make available appropriate assistance to the employee and
                that the Director notify other schools.
       (b)      During the period of notice the principal should :-
                (i)    with the agreement of the staff member/s declared redundant, contact neighbouring
                       Catholic schools and CEO Offices to facilitate employment of the staff member;
                (ii) where agreed, meet regularly with the staff member/s declared redundant, to discuss
                       pastoral and professional issues;
                (iii) provide time release to the staff member/s declared redundant to attend interviews.
       (c)      Leave Without Pay.
                (i)    prior to the redundancy payment being forwarded to the employee/s, the employee/s
                       should be offered Leave Without Pay (Attachment 10) for the following school year,
                       thereby deferring the date of termination of the employee/s declared redundant.
                       1.        If the employee/s accepts the offer of Leave Without Pay, the Principal shall notify
                                 the parties (Attachment 11);
                       2.        Should a position become available in the school during the period of Leave
                                 Without Pay, for which the employee has appropriate skills and qualifications, the
                                 employee should be advised that the position exists. If the employee wishes to
                                 remain on the period of Leave Without Pay, the position will be held open until the
                                 expiration of the period of Leave Without Pay.
                (ii) Where an employee/s has accepted an offer of a period of Leave Without Pay to defer the
                       date of termination, and there has been no change in the potential redundancy situation,
                       then
                       1.        in the last week of the third term of the following school year, the Principal shall
                                 notify the parties that they intend to proceed with the notice of
                                 termination(Attachment 12);
                       2.        if the Step 3 meeting is not re-convened, then at the expiration of the period of
                                 Leave Without Pay, if the employee has not obtained alternative employment in
                                 Catholic education, the employee shall receive the appropriate redundancy
                                 payment.

Timelines
       (i)      The letter notifying the Director of the CEO should be sent immediately following the declaration
                of the redundancy and consultation with the staff member/s affected;
       (ii)     The offer of Leave Without Pay to employees declared redundant should be made as early as
                possible during the period of notice;
       (iii)    The letter notifying the parties of an acceptance of an offer of Leave Without Pay should be sent
                immediately;
       (iv)     The letter notifying the parties of an intention to proceed with the notice of termination on the
                expiration of a period of Leave Without Pay should be sent in the last week of the third term of
                the school year in which the Leave Without Pay is taken;
       (v)      The payments to staff declared redundant, who accept a period of Leave Without Pay, should be
                sent at the end of the 3rd week of the term following the expiration of the period of Leave Without
                pay.

Guidelines
Attachment 9 is the letter to be used to notify the relevant Director of the Catholic Education Office requesting
that the Director make available appropriate assistance to the employee.

Attachment 10 is the letter offering a period of Leave Without Pay.

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Attachment 11 is the letter notifying the parties of the acceptance, by an employee declared redundant, of an
offer of Leave Without Pay.

Attachment 12 is the letter from the Principal notifying the parties that they intend to proceed with the notice of
termination on the expiration of a period of Leave Without Pay to defer the notice of termination by redundancy.

Attachment 14 is a schedule of agreed Redundancy Payments which are made to the employee if they do not
obtain a position in another Catholic School/Catholic Education facility.

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STEP 6 -       VARIATIONS TO THE STEP 4 NOTIFICATION AND REDUNDANCY PAYMENTS
               ADVICE

Procedures, Timelines and Guidelines
The parties attending Steps 3 (a) and/or (e) are notified in writing of :

       (a)      Variations to the Step 3 meeting resolution
                Any variation (s) to the resolution to the redundancy which occur after the STEP 4 notification
                should be sent to the parties immediately.
                Attachment 3 is the letter to be used for such a notification. Where this occurs, the school should
                state in the letter whether the resolution (e.g. temporary leave without pay) implemented is only a
                temporary resolution and that the declaration of redundancy still stands if another resolution is
                not found during the period of temporary relief.
       or
       (b)      Final Redundancy Payment
                Where no resolution to the redundancy situation can be found, then the Principal should notify
                the parties as to the amount and date of redundancy payment made to any person/s made
                redundant.
                Payments to staff declared redundant should be 15 working days after the termination of
                employment as a result of the redundancy declaration taking effect.
                Attachment 13 is the letter to be used for a this notification and this should be sent immediately
                after the payment has been made.
                Attachment 14 is a schedule of agreed Redundancy Payments which are made to the employee
                if they do not obtain a position in another Catholic school/Catholic education facility.

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                                              ATTACHMENT 1

Date:

(School Letterhead)

LETTER TO STAFF

Subject: Potential Redundancy Situation

Dear..................

The purpose of this notice is to inform all staff that (school) is facing a potential redundancy situation this year.

This has been caused by (           ).

At this stage, it would appear that staff numbers will have to reduce by ( ); or as a result of changes to the
curriculum a reduction in (area, e.g., geography) of (number, e.g., 2.0) is necessary.

Included in the alternatives that the school will be investigating are the following :

(a)      What efforts can be made to re-deploy existing staff within the school;
(b)      Staffing requirements in all other schools under the authority of the present employer;
(c)      The possibilities of employment in neighbouring schools;
(d)      Any additional funding that may be available; and
(e)      Retraining possibilities
(f)      Indications by staff that they are willing to make a voluntary offer to be declared redundant.
Under the Victorian Catholic Education Multi Enterprise Agreement 2013 there is a requirement to consult with
you about this situation. Attached is an information pro forma with your details held by the school. Please
check this information and amend if necessary. Please complete your staffing intention. You are invited to add
any comment you may care to add and pastoral concerns or other considerations. On completion, please sign
and return by (date). You are also invited to discuss any matter with me which you feel pertaining to the
resolution of the situation. Please contact my Secretary if you wish to make an appointment by
(Date:...............).

If you are contemplating taking Long Service Leave, Leave Without Pay or Parental Leave, or a reduction in
your hours of employment next year, please let me know as soon as possible.

A further factor which is relevant to our consideration is whether staff are likely to be leaving the school at the
end of this year or whether some staff are intending to apply for positions elsewhere. I would appreciate your
advice to me in writing by the end of next week as to your employment intentions for next year. If it is clear that
sufficient staff are likely not to be returning to the school in (Year) this will overcome the need to proceed
further with the redundancy procedures.

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Any advice given to me about your intentions or desires will not be used as a criterion for determining who is to
be made redundant if that becomes a necessary part of the process. If you intend to resign or take leave you
would need to advise me formally and separately . Of course, if any member of staff wants help or advice about
finding another position I will be happy to assist.

Furthermore, you may indicate on the Attachment 3 that you are willing to make a voluntary offer to be
declared redundant. It is important that I indicate to you that a willingness to make a voluntary offer to be
declared redundant may or may not be taken into account as a factor in the Step 3 redundancy meeting. The
criteria for deciding the position declared redundant will be in conformity with those outlined in Step 3 of the
procedures. I must advise you that :-

(i)    you should seek advice before indicating a willingness to make a voluntary offer to be declared
       redundant and
(ii)   should this offer be accepted in order to overcome the problem and subsequently the redundancy can
       be avoided by other means, then the acceptance of the offer may be withdrawn.
For your information and perusal I have attached the C.E.C.V. Redundancy Procedures. The Procedures set
out the approach that will be followed by this school.

I ask for your co-operation and support.

PRINCIPAL

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                                            ATTACHMENT 2

TO:      VIEU
         Directory CEO (Country Diocese)
         Country
         PAVCSS

SUBJECT : POTENTIAL REDUNDANCY SITUATION AT (NAME OF SCHOOL, TOWN, ETC.)

The purpose of this letter, in compliance with Step 1 of the CECV Redundancy Procedures, is to advise that a
potential redundancy situation exists at the school.

All Staff have been notified and I have attached a copy of the formal notification for your perusal.

The School will be attempting to find a local solution to the problem in accordance with Steps 1 and 2 and
should these efforts be successful, I will notify you of how the problem was resolved.

Should the problem not be resolved, I will be contacting you again in accordance with Step 3.

Yours sincerely,

PRINCIPAL

* Note : The Attachment 3 proformas completed by staff members do not have to be forwarded at this stage.

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                                                                                                                                 ATTACHMENT 3

CONSULTATION WITH STAFF MEMBERS AND PERSONAL INFORMATION RE STAFF FOR USE IN REDUNDANCY DELIBERATION

 Name:

 Current duties/subjects/Year level/RSB No:

 Other areas qualified to teach:

 Classification/category of School Officer:

 Years of service:                                                           Current School:                                                              Other Catholic                                                               Total

 Qualifications:

 Contract of employment:                                       Ongoing                                                      Full time                                                   Part time                                                    Fix term appointment

 Untaken LSL leave accrual

 Stated intention:

 Staff comment and input (if desired).
 ...............................................................................................................................................................................................................................................................................................................
 ...............................................................................................................................................................................................................................................................................................................
 ...............................................................................................................................................................................................................................................................................................................
 Please note you are also invited to make an appointment to discuss any matters with the Principal                                                                                                                        Please use one form for each staff member consulted

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                                             ATTACHMENT 4
TO:      VIEU
         CECV
         Directory CEO (Country Diocese)
         PAVCSS

SUBJECT : REDUNDANCY PROBLEM AT (NAME OF SCHOOL, TOWN, ETC.)

I refer to my letter of (date) which advised of the existence of a potential redundancy problem at this school.

I am happy to advise that the problem has been resolved. The solution to our problem was that :

(Write in what happened)

e.g.   Member of Staff (named) obtained a position at (Name of School).

e.g.   Member of Staff (named) sought leave for (period) which means that the problem does not have to be
       addressed until the staff member returns.

e.g.   The hours of work (part time) of the following member(s) of staff will be reduced from .............. to
       ................(each staff member to be named).

e.g.   Member of Staff (named) indicated a willingness to make a voluntary offer to be declared redundant and
       that this offer has been accepted.

Yours sincerely,

PRINCIPAL

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                                                 ATTACHMENT 5

TO:       VIEU
          CECV
          Directory CEO (Country Diocese)
          PAVCSS

SUBJECT : REDUNDANCY PROBLEM AT (NAME OF SCHOOL, TOWN, ETC.)

I refer to my letter of (date) which advised of the existence of a potential redundancy problem at this school.

In accordance with Step 2 of these Procedures, I must advise that we have been unable to resolve the
problem. Step 2 was completed on (date) and therefore in accordance with the policy, I must advise that a
meeting of the parties should be held in accordance with the timeline set out in Step 3 of the procedures.

I would propose that the meeting be held at the school at (time and date). Should you have any difficulties with
this date, please contact me by (date) and the matter will be referred to CECV to arrange a mutually convenient
time and place.

PRINCIPAL

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                                            ATTACHMENT 6

TO       :        The Employee

SUBJECT:          LETTER TO EMPLOYEE ADVISING OF A DECLARATION OF REDUNDANCY

I refer to our discussion of (date) in which I advised that a decision had been made following Step 3 of the
CECV Redundancy Procedures. This decision has followed extensive consultation with you, and the parties in
the Procedures.

Following consultation with your Employer, it is with deep regret that I must formally advise you and give you
notice that effective from (date) your employment will cease on the grounds of redundancy.

If there is any reason why you believe that your employment should not be terminated on the grounds of
redundancy, you are required to provide such reason in writing within 24 hours of receipt of this letter.

As I have indicated to you verbally this school will be providing assistance to you with a view to helping you
obtain a position in another Catholic School. This assistance includes time off to attend interviews with pay. I
have also asked the Catholic Education Office to provide counselling and assistance to you. Any requests of
other forms of assistance will be considered.

As I explained to you at our meeting, you may also avail yourself of Leave Without Pay for the next school year
in an attempt to avert the termination as a result of redundancy or alternatively to delay the effective date of the
redundancy. Should you wish to take up this option, then a written request should be forwarded to me
immediately.

Should a vacancy occur in an area of the school, for which you have the requisite skills and are qualified to
teach, between the date of this letter and the effective date of your termination of employment, then this notice
of termination will be rescinded.

PRINCIPAL

(For and on Behalf of the Employer)

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                                                 ATTACHMENT 7

TO        :         The Employee

SUBJECT:            LETTER TO EMPLOYEE CONFIRMING OF A DECLARATION OF REDUNDANCY

I refer to my letter of (date) in which I advised that a decision had been made following Step 3 of the CECV
Redundancy Procedures.

Following the receipt of a written explanation from you giving a reason from your perspective why your
employment should not be terminated on the grounds of redundancy, I formally advise you that I have
considered the reason given, but that this reason has not been accepted. Consequentially, I confirm that I
must give you notice that effective from (date) your employment will cease on the grounds of redundancy.

I reiterate that this school will be providing assistance to you with a view to helping you obtain a position in
another Catholic School. This assistance includes time off to attend interviews with pay. I have also asked the
Catholic Education Office to provide counselling and assistance to you. Any requests of other forms of
assistance will be considered.

I reiterate that should a vacancy occur in an area of the school, for which you have the requisite skills and are
qualified to teach, between the date of this letter and the effective date of your termination of employment, then
this notice of termination will be rescinded.

PRINCIPAL

(For and on Behalf of the Employer)

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Redundancy Guidelines – A guide for Catholic Schools

                                             ATTACHMENT 8

TO:      VIEU
CECV
Directory CEO (Country Diocese)
PAVCSS

SUBJECT : RESULT OF REDUNDANCY PROBLEM AT (NAME OF SCHOOL, TOWN, ETC.)

The purpose of this letter, following completion of (Step 3 or 5) of the Redundancy Procedures is to advise you
of the outcome of the redundancy situation in out school. Following a meeting attended by .....(Name)
representing .....(organisation). .......................** (Name) was declared redundant effective from
.....................(date).

OR

(Name) has left the school and there is no redundancy (other solution involving avoidance of the redundancy).

OR

(Name) has accepted an offer of Leave Without Pay in order to delay or avert the declaration

PRINCIPAL

** - List all persons and their organisations.

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Redundancy Guidelines – A guide for Catholic Schools

                                                 ATTACHMENT 9

(School letterhead)

TO:        The Director, CEO

Dear ...

On ....................., after exhausting all other avenues of resolution and completion of the CECV Redundancy
Procedures, the following staff members were declared redundant from this school. A copy of the letters * are
attached for your information. Following consultation with the staff concerned and with their agreement,
details of the personal information on each staff member concerned is attached.

It would be appreciated if you would make available to the school and the staff member/s affected, an officer of
the CEO to assist the employee/s to find a suitable alternative position elsewhere in catholic education. The
staff member/s may need help in preparing a curriculum vita and counselling on interview techniques, etc.

Following the above assistance it would be appreciated if you could arrange to distribute to other schools the
name/s of the employee/s and their details, requesting these schools to give preference to them for interview
should the schools have a suitable vacancy.

Yours sincerely,

PRINCIPAL

Attached :

cc: CECV

(List of employee/s declared redundant and their personal information)

* (Attachment 8 of these procedures)

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Redundancy Guidelines – A guide for Catholic Schools

                                           ATTACHMENT 10

(School letterhead)

TO:        Staff member declared redundant

Dear ...

In accordance with the CECV Redundancy Procedures, I am pleased to advise that a period of Leave Without
Pay will be available to you for the [insert school year]. Should you accept this offer, the date of your
termination at (school) as a result of redundancy will be deferred to the end of the [insert school year].

Should you accept the offer of Leave Without Pay and a position becomes available in the school during the
period of Leave Without Pay, for which you have the appropriate skills and qualifications, you will be advised
that the position exists. If you wish to remain on the period of Leave Without Pay, the position will be held open
for you until the expiration of the period of Leave Without Pay

Should you accept the offer of a period of Leave Without Pay, and at the expiration of that period of Leave
Without Pay you have not obtained alternative employment in Catholic Education, then you shall receive the
appropriate redundancy payment at the end of the 3rd week of the term following the expiration of the period of
Leave Without pay.

However, prior to the confirmation of notice of termination by redundancy, I will be advising all organisations
whether or not circumstances in the school have changed.

Yours sincerely,

PRINCIPAL

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Redundancy Guidelines – A guide for Catholic Schools

                                                          ATTACHMENT 11

TO:       VIEU
          CECV
          Directory CEO (Country Diocese)
          PAVCSS

SUBJECT : VARIATION OF THE RESULT OF REDUNDANCY PROBLEM AT (NAME OF SCHOOL, TOWN,
ETC.)

The purpose of this letter, following an offer of Leave Without Pay in accordance with Step 6 of the CECV
Redundancy Procedures is to advise you that

          ...................................................................... (Name)

has accepted an offer of Leave Without Pay for the [insert school year]. Accordingly, the date of termination as
a result of redundancy has been deferred to the end of the [insert school year].

However, prior to the formal termination of redundancy, I will write to you in the terms set out in Attachment 12
of the Catholic Education Commission of Victoria Ltd Redundancy Procedures and Guidelines.

PRINCIPAL

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Redundancy Guidelines – A guide for Catholic Schools

                                           ATTACHMENT 12

TO:      VIEU
         CECV
         Directory CEO (Country Diocese)
         PAVCSS

SUBJECT : CONFIRMATION OF NOTICE OF TERMINATION BY REDUNDANCY (NAME OF SCHOOL,
TOWN, ETC.)

On …………… (date of Attachment 11) I advised you that ………… (name of employee) had accepted an offer
to take Leave Without Pay following the decision by the school to declare that person redundant.

Unfortunately, the situation at this school has not changed and it is intended that the termination of the
employee’s employment will become effective at the end of this school year on the grounds of redundancy.

In accordance with Step 5 (ii) (2) of the CECV Redundancy Procedures, if your organisation believes that
changes have occurred during this school year at this school which would warrant the decision to declare
…………… (name of employee) redundant, you should request that the Step 3 meeting be reconvened.

If I do not receive such a written request by ………… (end of the first week of the third term holidays), I will
proceed with the notice of termination by redundancy.

PRINCIPAL

cc : Person who has been declared redundant.

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Redundancy Guidelines – A guide for Catholic Schools

                                                ATTACHMENT 13

TO        :VIEU
          CECV
          CEO (Relevant Director)

SUBJECT:            REDUNDANCY PAYMENT (NAME OF SCHOOL, TOWN, ETC.)

I refer to my letter dated ................. (Attachment 8) in which I advised that .....................(name of person/s) was
declared redundant.

I wish to advise you in accordance with STEP 5 of the CECV Redundancy Procedures that the person/s named
above was/were paid a redundancy payment of (.......) number of weeks salary. The details are

          (i)       Gross salary         :             $

          (ii)      Tax                  :             $

          (iii)     Net Payment          :             $

PRINCIPAL

                                                           Page 24
Redundancy Guidelines – A guide for Catholic Schools

                                      ATTACHMENT 14

REDUNDANCY PAYMENTS

The following tables shall be applied in the case of an employee who has been given notice of termination
following a Redundancy. Such payments shall be made in accordance with the Victorian Catholic Education
Multi Enterprise Agreement 2013 or superseding agreement.

3.1.1      If an employee is under 45 years of age, the employer shall pay in accordance with the following
           scale

Period of continuous service                                       Severance pay

Less than 1 year                                                   Nil
1 year but less than 2 years                                       4 weeks' pay
2 years but less than 3 years                                      7 weeks' pay
3 years but less than 4 years                                      10 weeks' pay
4 years but less than 5 years                                      12 weeks' pay
5 years but less than 6 years                                      14 weeks' pay
6 years and over                                                   16 weeks' pay
15 years and over                                                  21 weeks' pay

3.1.2      Where an employee is 45 years old or over, the entitlement shall be in accordance with the
           following scale

Period of continuous service                                       Severance pay

Less than 1 year                                                   Nil
1 year but less than 2 years                                       5 weeks' pay
2 years but less than 3 years                                      8.75 weeks' pay
3 years but less than 4 years                                      12.5 weeks' pay
4 years but less than 5 years                                      15 weeks' pay
5 years but less than 6 years                                      17.5 weeks' pay
6 years and over                                                   20 weeks' pay
15 years and over                                                  25 weeks' pay

3.2        "Weeks' pay" means the ordinary time rate of pay for the employee concerned.

NOTE:      (a) These payments are made at the commencement of the fourth week after the employee has
               ceased employment and a break in continuity of service has occurred.

           (b) These payments are not made if an employee finds or has found employment in Catholic
               Education so that a break in continuity of service does not occur.

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