Monday, September 26, 2011

Comments on Art Gallery directors having a fixed term

HARRY CUNDY 26-9-11: I can imagine there might be genuine and reasonable grounds for fixing a maximum term for directors. So, no, they could do it if they wanted.

OTN 25-9-11 right: ... but what does that all mean to the Govett-Brewster? Does this legislation prevent them having a five year maximum term for their directors?

COMMENT HARRY CUNDY 25-9-11: http://www.legislation.govt.nz/act/public/2000/0024/latest/DLM59161.html?search=ts_act_employment+relations+act_resel&p=1#DLM59161

OTN 25-9-11: "An employer may not employ someone on a fixed-term agreement where the job is really a permanent one and the employer really wants to avoid having to go through a fair disciplinary or dismissal procedure if there are problems." - Biz.govt.nz

COMMENT FROM ANDREW CLIFFORD 24-09-11: That's an interesting clarification about the Employment Relations Act and fixed term positions. So how does that work for Artspace's 3-year directorship and Te Tuhi's 3-year term curatorship?

COMMENT FROM THE GOVETT-BREWSTER ART GALLERY 23-09-11: There is no mention in the Monica Brewster Trust Deed, which established the Govett-Brewster Art Gallery, of the Gallery Director having a five-year tenure. An Advisory Committee (made up of Directors of other art galleries) was established in the 1970s and was responsible for selecting a Director for the Gallery. This Committee did have a practice of employing a Director for a term of five years. The New Plymouth District Council(NPDC), which is now responsible for employing the Gallery's Director, initially continued the practice of a five-year term. However, under the Employment Relations Act, a fixed term is not possible for a permanent position, and so it is not possible for NPDC to have in place a practice where the Gallery Director has a fixed tenure of five years. Former Director Greg Burke was employed for seven years.

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