The Board of Trustees should have a policy and procedures in place which determines whether or not a vacancy will be filled on a permanent or fixed term basis.
Before determining that the vacancy will be filled on a fixed term basis the Board must be aware of the legal requirements outlined in Section 66 (1) and (2) of the Employment Relations Act 2000 which states:
1) An employee and an employer may agree that the employment of the employee will end:
a) at the close of a specified date or period; or
b) on the occurrence of a specified event; or
c) at the conclusion of a specified project.
2) Before an employee and employer agree that the employment of the employee will end in a way specified in subsection (1), the employer must:
a) have genuine reasons based on reasonable grounds for specifying that the employment of the employee is to end in that way; and
b) advise the employee on when or how his or her employment will end and the reasons for his or her employment ending in that way.
Subsections (3) – (6) of Section 66 contain important information about the mandatory requirements to advise the employee in writing when or how the employment will end and the reasons for the position being fixed term. Failure to follow these requirements may place the Board at risk of litigation with serious consequences.