News Plus: Major gains for part-time teachers - Vol.39 / no.1 september 2016 - Teachers' Union of Ireland
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new s
teachers’ union of ireland / AONTAS MúiNTeOirí éireANN
Vo l.3 9 / no.1
se p t e m b e r 2 0 1 6
Plus:
Major
gains for
part-time
teachers
A Word from the
tui neWs
contents:
President – Joanne Irwin
p.2 A Word From The President Colleagues, i would like to welcome you unacceptable precarious employment
and your students back to your schools, status of many teachers and lecturers.
p.4 Pay equality campaign centres and colleges for the new
academic year and i wish you every Since members accepted the May 2016
p.5 Gains for fixed term/part-time success in the months ahead. Thank you agreement, we have made significant
progress on the issue of income parity.
teachers for electing me as President of the TUi
and i can assure you that i will work TUi and the iNTO have had a series of
meetings with officials from both the
p.6 Pay increases very hard on your behalf throughout my
term of office. i would like to take this Department of Public expenditure and
opportunity to thank my predecessor, reform (DPer) and the DeS. There has
p.7 Use of ‘Croke Park’ hours been a particular focus on the principle
Gerry Quinn, for his commitment, hard
work and dedication to TUi during his of restoring the value of a qualifications
p.8 Further education/Third Level allowance to the common basic scale for
term of office. i wish Gerry well as he
update returns to teaching. teachers. The options in relation to the
assimilation of allowances into the scale
p.10 Junior Cycle update As you aware, before the summer, TUi have been discussed. We have reminded
members democratically accepted the the Departments that we already hold
p.18 Tom Hunt – an appreciation TUi/DeS Agreement, May 2016. A an existing mandate for industrial action
priority for us all is to ensure delivery of on this issue (following a national ballot
p.20 Third World Fund case study the various aspects outlined in this in January) that we will activate if the
agreement. Steady progress has already need arises.
p.23 Fitness to Teach provision been made in this regard and a detailed
overview is contained in the pages that As we have already stated on numerous
enacted follow. occasions, and as has been publicly
acknowledged by both the DeS and the
p.24 Gender quotas in higher Pay equality DPer, the decision to restore the value
education As TUi President, my main priority will of their allowance to Firefighters within
be the campaign for income parity for the Lansdowne road Agreement is an
p.31 rMA News new and recent entrants to the teaching important precedent that can be applied
profession. in this respect i will use to teachers affected by the 2012
every available opportunity to draw withdrawal of allowances.
p.32 Crossword
public and political attention to the
You may rest assured that the campaign
eDiTOriAL PrODUCTiON
Annette Dolan Bernie ruane TUi News is published by the
Deputy General Secretary Assistant General Secretary Teachers’ Union of ireland.
adolan@tui.ie bruane@tui.ie Aontas Múinteoirí éireann,
73 Orwell road, rathgar, Dublin 6.
Declan Glynn David Duffy
Joanne irwin Assistant General Secretary education & research Officer
President dglynn@tui.ie dduffy@tui.ie T: 01-492 2588 F: 01-492 2953
president@tui.ie e: tui@tui.ie W: www.tui.ie
Aidan Kenny Nadia Johnston
Barry Williams Assistant General Secretary Administrative Officer
Printed by:
Vice-President akenny@tui.ie njohnston@tui.ie
Typecraft Ltd.
vicepresident@tuimail.ie
Michael Gillespie Conor Griffin
Assistant General Secretary Press & information Officer
John MacGabhann mgillespie@tui.ie cgriffin@tui.ie
General Secretary
jmacgabhann@tui.ie Colm Kelly
Assistant General Secretary
ckelly@tui.ie
2 september 2016 - TUi NeWS
tui neWs
A TUi national survey last year showed increasingly frustrated by being
that academic staff in institutes of deflected away from their core work of
Technology are suffering high levels of teaching. excessive form-filling and box-
TUi PreSiDeNT, JOANNe irWiN
stress in their jobs. Their unsustainable ticking offer no benefit to either
workload caused by austerity era cuts teaching or learning. As educators, we
will continue until pay parity has been must be alleviated and brought into line must be allowed to do our real work. in
achieved. with international norms. Following on any discussions, we will leave the
from a commitment in the DeS/TUi employer under no illusions about this.
Major gains for part-time agreement, a review of matters relevant Progress has been made on this issue
teachers (cid and fixed- to lecturing in institutes of Technology is over the summer. The inspectorate has
term) to commence this month. confirmed to TUi that teachers are not
TUi has secured a very significant gain required to produce individual class
for our part-time members (CiD and further and adult education plans and that teachers will not be
fixed-term). As a consequence of the There is much to be done in securing judged on the basis of their paperwork
DeS/TUi Agreement, May 2016, we have appropriate contracts and terms and but rather, as is appropriate, on the
negotiated an important revision to conditions for those working in the quality of their teaching.
Circular Letter 34/09. The result is that further and adult education sectors. As
hours/posts that become available must with the issue of pay parity, the May retirement
now be offered to serving teachers on 2016 agreement with the DeS offers For those of you retired from teaching, i
part-time hours in the first instance. scope for significant improvements in would like to thank you for your many
Circular Letter 59/2016, which is this regard. The discussion on the years of dedicated service to the
effective from 31st August 2016, sets conversion of BTei staff is at an education system and to TUi.You have
out the sequence for awarding of such advanced stage and we expect to been a positive influence in the lives of
hours and full details are included in this resolve this matter imminently. many throughout your career. i wish you
issue of TUi News. The critical point is a long and healthy retirement. i would
As the number of school leavers is set advise you all to join the retired
that the sequence is mandatory. in a to increase significantly, the artificial cap
recent audit, TUi found that 50% of our Members Association (rMA). Visit
on the number of Post Leaving www.rmatui.ie for details on how to
members under the age of 35 are Certificate (PLC) places needs to be
employed on less than full hours. TUi join and to get an overview of the work
removed, as does the €200 charge that of the rMA.
has now negotiated a mechanism that acts as an impediment to participation
will go a long way towards addressing for many students. it is clear that the the value of our work
this problem. All of the above is in public education system has proven i thank you sincerely for placing your
addition to the gains that have been itself to be the gold standard in terms of trust in me as President of TUi. in
achieved under the Ward report. the provision of these courses and TUi addition to advancing the key issues
third level issues seriously cautions against any further itemised above, i will use every
The re-designation of one of the ‘flex’ move towards supply by private for- opportunity to assert the
hours from January 2017 is a step in the profit providers. professionalism and commitment of
right direction. teachers and lecturers and the value to
low morale and the stifling society of our work.
As a direct result of several years of effects of bureaucracy
savage budgetary cuts that have resulted i have been fortunate enough to have
in a fall in lecturer numbers, students taught in all sectors in which TUi
are experiencing larger classes and less represents members. From both my
access to laboratories, equipment, own experiences and from feedback
materials, libraries and tutorials. from colleagues elsewhere, it is clear
that teachers and lecturers are
www.tui.ie - TUi NeWS 3
tui neWs
uPdate on KeY issues
In May 2016, TUI members voted by a margin of 63% to 37% (on a turnout of
57%) in a national ballot to accept a proposed agreement with the Department
of Education and Skills.
The agreement addresses key issues which had not been dealt with by the
Lansdowne Road Agreement (LRA). In accepting the DES/TUI May 2016
agreement, members also accepted that they would be covered by the LRA.
Therefore, the pay restoration measures and other protections associated with it
apply to them.
Updates from across the sectors in which TUI represents members are set out
below.
ProGress in caMPaiGn for PaY eQualitY
From February 2012, as a result of a Firefighters, who also lost their the discrimination that is undermining
unilateral government decision, allowance, have had the value of that the morale of the profession.
qualification allowances were removed allowance restored, in the context of the
from new entrants to teaching. This LrA and their agreement to enhance We reminded the Minister and the
amounted to a pay cut of approximately delivery of the service they provide. The public that in January, members voted
20%, compared to their colleagues. it Minister for Public expenditure and overwhelmingly to engage in a campaign
also resulted in there being three pay reform (DPer), the Minister for of industrial action, to secure a
rates for teachers, depending on education and Skills (DeS) have resolution to key issues - the most
whether they entered the profession highlighted the agreement reached by critical being the income poverty of new
pre-2011, in 2011 or post 1st February Firefighters as a precedent available and recent entrants to the profession.
2012. Since then the TUi has been within the LrA. The Ministers have We have since engaged, in good faith, in
campaigning to have this gross inequality stated publicly that similar progress can negotiation on these issues. Should
eliminated. Progress was made under be made for teachers within the context definitive progress towards restoration
the HrA by way of adjustments to the of the LrA. be further delayed, we advised that this
2011 and 2012 rates. existing mandate would be activated.
representatives of the TUi and the
A key understanding underpinning the iNTO have, over the summer months, in response to TUi’s statement, the DeS
May 2016 agreement between TUi and had a series of meetings with officials stated that the aim of the Departments
the DeS was that the scandal of pay from both DPer and the DeS. There has was to conclude the current discussions
inequality could and would be been a particular focus on the principle by early September. The response also
addressed. of restoring the value of a qualifications stated that the recent engagement had
allowance to the common basic scale for been taking place in the context of TUi’s
The abolition of allowances in 2012 was teachers. While significant progress has acceptance of the LrA and having regard
an additional cut that disproportionately been made in the discussions, the union to the recent agreement in respect of
affected only a small number of public warned in a public statement on 23rd Firefighters.
service grades – teachers, gardai, prison August (extensively reported in the
officers and firefighters. Therefore the media) that while progress had been We in TUi will proactively continue to
necessary first phase in seeking pay made, a clear timescale for seek urgent resolution to this critical
parity involves restoring the value of implementation is urgently required. We issue.
these allowances to teachers who pointed out that another cohort of
entered post 1st February 2012 in order teachers would commence their careers Please check the TUi website for any
to bring their pay in line with the 2011 on significantly lower pay than their updates on this issue.
colleagues. colleagues and that it was time to end
4 september 2016 - TUi NeWS
tui neWs
MaJor Gains for fiXed-terM/Part-tiMe
teachers
Arising from the agreement reached between the
Department of education and Skills and TUi in May appendix to circular letter 59/2016
2016, a revised procedure and sequence for filling
available teacher posts/hours has been agreed and revised Procedure and sequence for filling available
is now set out in Circular Letter 0059/2016. This is teacher Posts/hours
an extremely significant development in our
campaign against casualisation and income poverty. 5.1.1
The allocation of posts to each school/sector will continue to be
As additional hours become available, they must determined in accordance with procedures approved from time to
now be assigned in the first instance and in time by the Minister.
accordance with a mandatory schedule to serving
part-time teachers who are suitably qualified. This 5.1.2
will provide greater security of employment and As stated in previous Department Circulars, a teacher employed on a
access to increased teaching hours for those contract of indefinite duration (CiD) holds an employment status that
teachers. The process will be applied having regard is equal to that of a permanent teacher.
to the principles contained in the report of expert
Group on Fixed-term and Part-time employment For the purposes of calculating the number of serving teachers to
in Primary and Second Level education in ireland whom there is an ongoing contractual obligation for any academic year,
(The Ward report). The Circular Letter also states it is necessary to combine the number of permanent teachers with the
clearly that initial appointments can be made on a number of CiD teachers (expressed in wholetime equivalents). The
permanent basis, scotching the myth and combination of permanent and contract of indefinite duration teachers
misconception that this was not the case. The will result in a school/eTB having a total number of permanent
circular restates the position secured by the unions teachers below, equal to or in excess of 95% of the school’s/eTB’s
through the PCW in that a school/scheme can initial allocation (expressed in wholetime equivalents).
appoint up to 95% of its initial allocation on a
5.1.3
permanent basis. The 95% can be exceeded where
Where the combined number of permanent/CiD teachers is equal to
entitlements to an initial CiD or an enhanced CiD
or in excess of 95% of the school’s/eTB’s initial allocation (expressed in
arise.
wholetime equivalents), no recruitment to permanent posts shall be
the circular letter has immediate undertaken (though a CiD or enhanced CiD will be awarded where an
application and supersedes any selection entitlement in accordance with 5.1.4.1 (a) or (b) below arises).
processes that have not been completed,
5.1.4
including processes in respect of
1. Permanent Posts
positions that have already been
Where the combined number of permanent/CiD teachers
advertised. it is very important in this
(expressed in wholetime equivalents) is less than 95% of the
regard that all positions that arise in a
school’s/eTB’s initial allocation (expressed in wholetime
school/scheme, including positions
equivalents), the filling of a permanent post may arise. Where such a
advertised but not filled, be identified
vacancy (whole-time or part-time) occurs, the employer shall apply
and notified to the branch as a matter of
the following actions in the sequence shown to the filling of such
urgency.
posts:
Please make sure to bring this circular (a) offer a CiD where an existing fixed-term teacher qualifies for
letter to the attention of every such in accordance with the terms of this circular and circular
member in your workplace. Branches 0024/2015; then
and workplace committees should
(b) offer an enhanced CiD (up to but not exceeding full time hours)
immediately ask management to draw
where an existing part-time CiD holder qualifies for such in
up the seniority list required by the
accordance with the terms of this circular and circular
circular letter.
0024/2015, having regard to the curricular needs of the school
The appendix of the Circular Letter, which sets out and the qualifications required for the post; then
the revised procedure and sequence for the filling
(c) submit the vacancy/vacancies for filling by redeployment in
of available teacher posts/hour, is reproduced in its
accordance with agreed arrangements; then
entirety below.
www.tui.ie - TUi NeWS 5
tui neWs
(d) following the completion of the process in (c), offer
unassigned permanent hours to a part-time CiD
PaY increases
holder on a CiD basis, in accordance with this circular
and circular 0024/2015, up to but not exceeding full iMPortant note: To avail of the pay restoration and
time hours, having regard to the curricular needs of other protections under the LrA, TUi members in
the school and the qualifications required for the post. Designated Community Colleges (in the eTB sector)
The employer, having regard to the curricular needs of Community and Comprehensive Schools and Voluntary
the school and the qualifications required for the post, Secondary Schools must complete the short LrA Teacher
shall offer such unassigned permanent hours to the Consent Form at Appendix 1 of Circular Letter 45/2016.
teacher with the longest service to the employer and,
subsequently, shall offer any remaining unassigned in designated community colleges, the completed
permanent hours to the teacher with second longest form is to be returned by 13th September to the payroll
service to the employer, and so on. section of the employer education and Training Board (eTB).
in community and comprehensive schools, the
2. Fixed-term Hours completed form is to be returned by 13th September to the
principal teacher of the school.
Where the process in 1 above has been completed and an
employer has remaining unassigned fixed-term hours, the in Voluntary secondary schools, the completed form
employer shall apply the following actions in the sequence is to be returned to the Payroll Section of the Department of
shown to the filling of such hours: education and Skills by 8th September. Members should also
(a) offer unassigned fixed-term hours, having regard to the provide a copy to the principal of their school.
curricular needs of the school and the qualifications
required for the post, to a part-time CiD holder on a Correspondence outlining this procedure was sent from TUi
fixed term basis, in accordance with this circular and Head Office to all Branch Officers and Workplace
circular 0024/2015, under a separate fixed term representatives on 22nd August 2016. The circular letter
contract up to but not exceeding full time hours. The (including the form at Appendix 1) and related
employer, having regard to the curricular needs of the correspondence are available on the TUi website.
school and the qualifications required for the post,
upcoming pay increases due to tui members as
shall offer such unassigned fixed-term hours to the
a result of cooperation with relevant collective
teacher with the longest service to the employer and,
agreements
subsequently, shall offer any remaining unassigned
fixed-term hours to the teacher with second longest 2016
service to the employer, and so on.
n 1 sept 2016: Further increase in PrD exemption
threshold to €28,750. This follows the increase in PrD
(b) where, following the application of 2(a) above, an exemption threshold to €24,750 on January 1st 2016. The
employer, having regard to the curricular needs of the combined effect of the two increases in the exemption
school and the qualifications required for the post, has threshold is an annual gross saving in PrD of €1,000.
remaining unassigned fixed-term hours, they shall be n 1 sept 2016: €796 (pensionable) added to each point
offered to an existing part-time fixed term teacher on of teachers’ salary scales: This represents the first half of
a fixed term basis to augment her/his contract up to the agreed restoration of the S & S payment. This applies
but not exceeding full time hours, in accordance with only if you are in the collective agreement (i.e. the LrA).
the terms of this circular and circular 0024/2015. The As this is an addition to the scale, it is immediately fully
pensionable and is not subject to the three year averaging
employer, having regard to the curricular needs of the that is applicable to allowances.
school and the qualifications required for the post,
shall offer such unassigned fixed-term hours to the 2017
fixed-term teacher with the longest service to the n 1 april 2017: restoration of half of the 2014 HrA pay
employer and, subsequently, shall offer any remaining cut to those earning above €65,000.
unassigned fixed-term hours to the fixed-term teacher n 1 sept 2017: €796 (pensionable) added to each point
with second longest service to the employer, and so of the Teachers’ Scale. This represents the second half of
on. the agreed restoration of the S & S payment. Again, this is
immediately fully pensionable.
3. Advertising and filling of remaining posts n 1 sept 2017: €1,000 flat rate increase on salary scale.
All salaries up to €65,000 will increase by €1,000 per
annum. This flat increase applies to each point of the
The sequences at 1 and 2 above having been completed,
relevant salary scale/s. Allowances that are held in addition
any permanent or fixed-term posts remaining unfilled to salary – e.g. Post of responsibility, Principal, Deputy
(whether full-time or part-time) shall be advertised as Principal, Coordinator (etc.) allowances - are not included
permanent or fixed-term respectively by the employer in the calculation of the €65,000.
and filled through a formal recruitment process using the
standard procedures and criteria for the filling of such
2018
n 1 Jan 2018: restoration of the remainder of the 2014 pay
posts.
cut to those earning above €65,000.
6 september 2016 - TUi NeWS
tui neWs
increment delays/freeze Grace Period
Under the HrA there were delays in the payment of The Grace period - that allows calculation of retirement lump
increments. The effect of these delays has been to change the sum and pension on the basis of the June 2013 salary and
incremental date for each public servant affected. There are allowances (i.e. before the HrA cuts applied) – has been
no further delays under the LrA. increments will be paid on a extended to 1st April 2019.
person’s incremental date (as adjusted).
use of ‘croKe ParK’ hours
As a result of accepting the DeS/TUi school calendar for use of the The net effect is that the TUi will in any
Agreement of May 2016, members are 33 hours. such circumstances regard members as
also covered by the Lansdowne road having completed 6 of the 33 CPA
n The designation of a day as a staff
Agreement and have an ongoing day to utilise some of the CPA hours, and will support members
commitment in regard to the 33 Croke hours (i.e. what is often referred to where or if this position is challenged.
Park Agreement (CPA) hours. as a “Croke Park day”) – typically, n Arising from the DeS/TUi
the first day or two following the Agreement of May 2016, and
The May 2016 agreement increases summer break – is generally effective from the commencement
from 5 to 8 the number of hours (of intended for whole school purposes, of the 2016/17 school year, 8 of the
the 33) that can be done in tranches of unless otherwise specified in the 33 hours are for use in blocks of no
no less than 30 minutes and on other calendar for use of the hours. less than 30 minutes and on other
than a whole-school basis in the Whereas TUi members must be in than a whole-school basis, in
attendance on such a designated day, accordance with the terms of
2016/17 school year. From the whole school purposes cannot be CL43/2014, as amended by
2017/2018 school year, 10 of the 33 served where attendance by paragraph 21 of CL45/2016. The 8
hours can be done in this way. teachers is not on a whole school hours, that are to be done on other
basis. than a whole school basis, cannot be
The TUi understands that the ASTi has included in a staff day designated for
directed its members not to fulfil the n if, as a result of the ASTi directive whole school purposes. The 8 hours
33 Croke Park Agreement (CPA) hours or for any other reason, remain to be delivered in line with
as set out in CL 0025/2011, as management locally or nationally the DeS/TUi Agreement of May
decides not to proceed with some 2016 from within the residue of
amended by CL 0043/2014. Therefore, element of the calendar for the
as advised in TUi’s letter of 31st May to CPA hours (i.e from within the
specified scheduled usage of the 33 hours that remain when the hours
members, the resultant situation will hours (for example, a staff day) the assigned per staff day are
need to be managed in a way that is TUi will regard members affected discounted).
respectful of all parties. by that decision as having fulfilled
that element of their CPA hours n The TUi understands that the ASTi
commitment. has advised its members that
in this context, the Union is providing attendance at enrolment open
the following clarification to members nights is not prohibited by its
n if, for example, Thursday 25th
in regard to the 33 CPA hours: August (and/or any other day) was directive and may be undertaken on
scheduled as a staff day to utilise 6 a voluntary basis. The TUi is aware
n TUi members have engaged with that, in many schools, attendance at
the normal planning process for of the CPA hours, TUi will regard
members as having done those such open nights forms part of the
usage of the 33 CPA hours. This usage of the 33 CPA hours, as does
involved the development, before hours in the event of a decision by
management: attendance at registration nights etc.
the end of the last school year, of a That will continue to be the case
calendar for use of the hours. in for TUi members.
• not to proceed with the staff day
relation to blocks of more than 2
hours or scheduling outside of 167 n As the ASTi is in dispute in relation
• to re-designate all or part of the to the 33 hours, a member of the
days, decisions in relation to the
calendar required consensus. day as a school day within the 167 TUi may not, in the course of usage
days of the 33 hours, undertake any
n Members of the TUi should be work normally done by a member
available to fulfil each element of • to relocate/defer the staff day to a of the ASTi.
their commitment in respect of the later date or The TUi will provide regular updates. if
33 hours, as set out in the school’s you require any assistance or advice,
calendar for 2016/17. This means • to re-designate all or part of the
that members must be in please contact your branch or Area
staff day as being for a purpose
attendance in their school/centre representative (Contact details are
other than that which was set out
on the day/s designated in the available in the TUi Diary and
in the agreed calendar for usage
Handbook).
of the CPA hours.
www.tui.ie - TUi NeWS 7tui neWs
further education – uPdate
annual leave application of circular the teaching grade will be honoured. A
Arising from the DeS/TUi Agreement, letters number of issues are currently being
finalised in relation to the position of
May 2016, discussions have been held The DeS confirmed, by letter dated 7th
during the summer with the unqualified persons teaching in the BTei
July, that the terms and conditions of Programme. The DeS is preparing a
Department of education and Skills employment set out in DeS circulars in
(DeS) and education and Training Boards proposal for TUi’s consideration.
respect of Adult Guidance Counsellors
ireland (eTBi) in relation to Circular and Adult education Officers must be
Letter 08/14 and its application to a
number of grades represented by the
applied to individuals appointed to such
Btei county
posts. This will benefit a number of
TUi. This circular letter reduced the members to whom the appropriate co-ordinators
effective leave entitlement of a number terms and conditions had not been The DeS is currently preparing a
of grades that TUi represents including: offered contract template to include common
n Adult Literacy Organisers (Circular . pay and conditions for TUi’s
M15/01) consideration. Any agreed contract will
n Adult Guidance Counsellors/Co-
Ordinators (Circular 70/04)
directors of outdoor be with effect from 1 July 2016.
n Community education Facilitators education centres
(CL 45/02) in 2009, TUi won a case in the Labour
incremental credit
n BTei Co-Ordinators Court on behalf of the Directors of
n Adult education Officers Outdoor education Centres. in scheme for the
The circular letter required that days of
common with other outstanding claims, Youthreach co-ordinator
closure (e.g. at Christmas and easter)
the Court’s recommendation was not
and Youthreach resource
implemented, due to the imposition of
which had previously been excluded
austerity measures. Further to the Person
from the counting of annual leave, were
TUi/DeS Agreement, May 2016, the DeS TUi has furnished the DeS with a draft
to be considered as encompassed within
wrote to the TUi on 23rd June 2016 to incremental credit scheme for the
the annual leave entitlement as set out
confirm that the Labour Court ruling Youthreach Co-Ordinator and
in contract.
would be applied with effect from 1 July Youthreach resource Person grades for
2016. A new enhanced pay scale, as its consideration.
the tui has now secured an
increase in the holiday recommended by the Labour Court,
entitlements of the grades applies to this grade from that date.
listed above to 35 days inclusive formal engagement with
of periods of etB closure. etBi/QQi forum and
Btei conversion
solas
The DeS has confirmed that the annual Process Meetings have been arranged by the
leave provisions of the nationally agreed The DeS has confirmed unequivocally union with both the eTBi/QQi Forum
contracts mentioned above are that the commitment to convert those and with SOLAS. These meetings will
amended to reflect this increase to 35 qualified and registered as teachers to take place in mid-September.
days.
third leVel – uPdate
Circular letter 52/2016 confirms that The hours will be re-designated in n as a priority, usage of the full flex
half of the two additional flex hours for consultation with lecturers and in hours for duties other than teaching
institute of Technology lecturing staff accordance with institute needs and in accordance with institute needs
introduced by Circular 26/2011 will be priorities. n the current workload of lecturers
re-designated to wider duties other than
n maintaining and enhancing the quality,
teaching from 1st January 2017. This interim measure will continue effectiveness and efficiency of
pending a review of matters relevant to education within institutes of
The Department of education and Skills lecturing in the sector. The review will Technology
has confirmed its view that “wider be completed by March 2017. The terms
n other developments in the sector
duties other than teaching” should be of reference of the review will be agreed that are relevant to the lecturing
read as meaning duties set out in the between the parties and will have regard role.
agreed contract of employment. to:
8 september 2016 - TUi NeWStui neWs
significant advance in campaign
against casualisation at third level
Following vigorous representations on CiD rather than a further Fixed Term qualified lecturers on CiDs or pro-rata
the issue by TUi, the Cush report on Contract provided the conditions and fixed-term contracts for less than full
Fixed-Term and Part-Time employment procedures set out in Circular 93/2007 hours who have the necessary
in Lecturing in Third Level education in are satisfied. qualifications to teach the course and
ireland was published in May 2016. in who could benefit by the augmentation
Qualification period for a
July, Circular Letter 41/2016 set out the of their existing contract. if this is the
further cid for additional
procedures for the implementation of its case, the extra available hours should be
hours
recommendations. offered first to such lecturers before
Where additional hours are awarded to
being advertised generally.
The key provisions include: an existing CiD holder, the qualification
reduction of the period of period for a further CiD in respect of significant advance in
qualification for eligibility to those additional hours should be one campaign against
a cid year, provided that the conditions and casualisation at third level
procedures for the awarding of a CiD The recommendations to be
The qualification period for the granting
set out in Circular 0093/2007 are met. implemented, in the main, mirror those
of an initial CiD has been reduced from
of the Ward report (2nd level).
a period of continuous employment in awarding of additional
excess of three years with the same hours The implementation of these
employer to a period of continuous in advance of advertising available hours recommendations represents a
employment in excess of two years with in a particular course, an institute of significant advance in our campaign
the same employer. This reduction Technology should carry out a review to against casualisation and precarious
means that a lecturer will be awarded a ascertain whether there are existing employment at third level.
loans system could deter students from
participation in higher education
in its initial response to the July recommendation of employer funding crisis must be tackled as
publication of the report of the expert contribution welcome matter of urgency
Group on Future Funding for Higher
The union welcomed the recommendation Clearly, there has been a funding crisis in
education, TUi warned that an income
in the report of a structured contribution the sector for a number of years. Funding
contingent loans system could deter
for employers. it is established TUi policy for the institute of Technology sector
students from participation in higher
that a 1% levy should be applied to alone fell by €190m (35%) between 2008
education.
corporate profits in order to generate and 2015. Over the same period, student
TUi favours a publicly funded education additional funding for the resource-starved numbers rose dramatically by 21,411
system at all levels. Along with the clear higher education sector. The corporate (32%) while 535 (9.5%) lecturing positions
educational and social benefits, such a sector derives direct and invaluable benefit were lost. As a result, lecturer workload
system also makes compelling economic from the availability in ireland of a highly has reached unsustainable levels, staff
sense, with a significant return on every skilled, graduate labour pool which is the morale has been severely damaged and the
euro invested. product of extensive higher education capacity to deliver a quality service to
provision. The introduction of a levy would students has been adversely affected.
it follows that we believe in a higher
further enhance the quality of the Urgent, additional funding is required to
education system that is free and which
graduate labour pool, the capacity of tackle the corrosive and damaging effects
does not saddle young people with
institutions to recalibrate to meet evolving of these cutbacks that have resulted in a
significant levels of debt as they
need and, ultimately, the sustainability of diminished experience for today’s students
commence their working lives. The
the enterprises that contribute to the with increased class sizes and limited
prospect of such debt could deter
fund. Crucially, the levy would represent a access to laboratories equipment,
students from lower socio-economic
tangible contribution by corporations to materials, libraries and tutorials.
backgrounds from participating in higher
the achievement of public policy goals and
education.
would ameliorate our very strong
perception that the corporate sector has
no allegiance to the society in which its
profits are generated.
www.tui.ie - TUi NeWS 9tui neWs
Junior cycle update – a reminder of what
has been achieved
1 Has the Junior Certificate been saved from
In a national ballot
conducted last abolition?
year, TUI members Yes. The Junior Certificate is retained. it will continue to be state certified,
voted to accept with a terminal examination in June. The cost of retention of the Junior
Certificate, which was in danger of abolition, is approximately €20m.
Junior Cycle
2
proposals
Will the Junior Certificate continue to be fully
developed in externally assessed by the State Examinations
detailed Commission (SEC)?
negotiations Yes. Teachers will not assess their own students for the Junior Certificate
3
(i.e. there is no 60/40 split).
between the unions
(TUI and ASTI) and Will the finished artefact/performance in Junior
the Department of Cycle projects/practicals (etc). in Art, Music, Home
Education and Economics and the Technology subjects continue to
be externally assessed?
Skills. The
4
Yes. These will continue to be marked by the SeC.
negotiations
followed an Will there also be a Student Profile of Achievement?
extensive campaign Yes. This is to encourage schools to recognise other forms of student
achievement not captured in the Junior Certificate. The school, not the
of industrial action
5
SeC, will issue the Student Profile of Achievement.
by TUI members.
Will professional time be provided for teachers?
Yes, and within timetable. From September 2017 a full-time teacher
engaged in the Junior Cycle will have a weekly timetable comprising 40
minutes professional time and a maximum of 21 hours 20 minutes class
contact time. The professional time comes to 22 hours per annum (pro-
rata for part time teachers) and will create hundreds of new teaching
positions at second level. This will give members on low-hour contracts an
6
opportunity to gain additional hours in schools around the country.
How can we be sure that no new, extra work will be
imposed on teachers?
An implementation Committee comprised of both Union and Department
of education and Skills representatives is monitoring implementation of
the new programme. Through this body, TUi will ensure that the
agreement delivers on its commitments and that no additional work is
imposed on teachers.
10 september 2016 - TUi NeWStui neWs
Are you a branch Have we your correct membership
officer/workplace details?
representative? n Has your union membership status changed?
if so, all union
correspondence is e.g. from Part-Time to Whole Time, from Whole Time to Job-Share or have your
now being sent to part-time hours increased/decreased, etc.
your ‘tuimail’ n Have you moved from one employer to another?
generic email
address. n Have you just returned from a Career Break, Leave of Absence or any other
form of unpaid leave e.g. maternity or parental leave?
‘tuimail’ addresses have been
issued to all Branch officers if the answer is “Yes” to any of the above questions, please ensure that you
(i.e. chairperson/secretary/ complete a new Deduction at Source (DAS) form immediately and send it to:
treasurer/equality officer)and Dara Blighe, Membership Secretary, TUi, 73 Orwell road, rathgar, Dublin 6 –
all Workplace representatives. dblighe@tui.ie
All communication from Head Office is DAS forms are available on the TUi website – www.tui.ie. They are also available
now conveyed electronically, other than from your School/College/Workplace representative and from Head Office and on
some materials which are not suitable for p.33 of this magazine.
electronic communication. As well as
providing immediate access to members You can also update your status and/or hours by using your membership card to log
on important issues, it is more cost onto tuiservices.ie
effective.
Please complete a new DAS form to avoid falling into arrears.
it is very important, therefore,
helP KeeP our dataBase uP to date. KeeP us inforMed!
that Branch officers and
Workplace representatives
check the generic email account
tui’s third World fund
allocated to them on a regular
basis.
if you are a Workplace
representative and have not
received your email address TUi’s Third World Fund was established with the distinct purpose of assisting TUi’s
please let us know immediately. Third World Fund was established with the distinct purpose of assisting educational,
developmental and trade union projects in developing countries as approved by the
A number of workplaces and college executive Committee from time to time.
departments have yet to return details of
their current representatives. This places Applications for donations from the Third World Fund are considered once a year
the members working in these at the November or December meeting of the Finance Sub-Committee and
colleges/schools/centres at a disadvantage notification regarding successful applications is posted shortly after. This year, the
as they will not be kept up-to-date with Third World Fund will have over €20,000 at its disposal.
union business. Head Office has email
if you wish to receive monetary support from the Fund for a project you are
addresses ready and waiting to launch for
involved in or support please make a written submission to Nadia Johnston,
these workplaces/departments but can
Administrative Officer, via email to njohnston@tui.ie. Due to the large number of
only issue a username and password when
applications received, a member may only submit one application. requests must
we have identified a representative/
be submitted by 28th November 2016 and should outline details of the project.
contact person for the workplace.
Among the total of 12 projects that received a contribution from the Third World
therefore, as an immediate
Fund in 2015, were:
measure, is vital that each
workplace/department has a n Bugisi Mission Project (expansion and maintenance of a school in Tanzania)
named person who will take n Nepal Leprosy Trust (water and sanitation work)
responsibility for monitoring the
n HirN Zif Girls School Palestine (construction of classrooms)
email, regardless of whether or
not s/he wishes to act as While the amount donated to each project is modest, the feedback we receive from
school/college/Workplace the various recipients indicates that your funding of these projects has a significant
representative. a name should impact and is greatly appreciated. Of course, there is an added advantage in that the
be sent to reception@tui.ie or money goes directly to the projects concerned.
advised by telephoning head TUi’s Third World Fund can make a real difference to worthy causes at ground level
office on 01 4922588. and members are encouraged to nominate a chosen project before the closing date.
if you require any assistance with your
new email account, please contact
Last year, TUI member, Muireann de Barra, nominated the
Marie Sandland at msandland@tui.ie or HIRN Zif Girls School project. Muireann spoke to TUI about
01 4922588. the project and how the donation from the Third World Fund
was used. The interview appears on page 20.
14 september 2016 - TUi NeWStui neWs
Your contract explained – when should yo
When you are offered a contract of
employment – and before you sign and
What should my position you will have a fixed-term
contract. This is not a permanent
return it to your employer - you should
take the time to check that it is the
contract look like? contract. it has a specified termination
or end-date. An initial fixed-term
appropriate contract for your grade and That depends on the status of the position contract tends to be for one year. A
that it accurately sets out the terms and to which you are appointed. teacher is notified that her/his
conditions to which you are entitled. if only n Permanent: You could be appointed employment is to terminate at the end-
in prudence and as a precaution, you need to a permanent position (either on full date of the fixed term contract and that
advice. Therefore, we would urge you to hours or part-time hours). if your initial, the position will be advertised (assuming
speak to your TUi school representative, a day-one appointment is to a permanent continuation of the service/position). A
TUi Branch Officer or Area representative. position you will have a Permanent selection and interview process follows
They will answer any questions you may Whole-time or a Permanent through which the teacher may, if
have and offer relevant advice and/or Part-time contract. Appointment to successful, be re-engaged for a second
information. Where necessary - and only permanent positions follows a national year under a new fixed term contract.
with your prior approval - they will make advertisement of the position and a After the second year of fixed-term
representations to management on your formal selection process using agreed service a Contract of indefinite
behalf. procedures. initial appointment on a Duration will be awarded subject to
permanent whole-time basis used to be certain criteria being met, including
it is important to be aware that the
the norm but, regrettably, has not been continuation of the service into a third
contract of employment offered to you
in recent years. TUi has addressed this successive year.
should have full regard to and should
comply with relevant legislation, collective issue under the TUi/DeS Agreement,
May 2016. The agreement clarifies that Appointment to a fixed-term position
agreements and (Department of education
employers can make initial appointments follows national advertisement and a
and Skills) Circular Letters. A Circular
on a permanent basis within the formal selection process using agreed
Letter is, typically, an instruction from the
approved teacher allocation. The procedures (as for Permanent
relevant government Department to
Department of education and Skills Appointments).
agencies, employers and employees within
Contract templates
its remit. The Department of education and issued Circular Letter 59/2016 on 31st
Skills (the DeS) issues Circular Letters to August 2016 confirming this to be the
employers and school management bodies case.
The agreed Contract of indefinite Duration
in the education sector. n contract of indefinite duration: for Post Primary Teachers, which is provided
When, as a teacher or lecturer, you have as an appendix to Circular Letter 24/2015,
completed in excess of two years of
When will I receive
is illustrative of the basic provisions that a
continuous service with the employer teacher’s contract should contain. Other
my contract?
under two or more Fixed Term nationally agreed contracts are appended to
contracts (see below) and if that service other Circular Letters. examples are:
satisfies the terms of the relevant
The entitlement to a contract and the Circular Letters, you become entitled to n Youthreach resource Person/
necessary minimum content of a contract a Contract of indefinite Duration Co-Ordinator (Circular Letter 12/03)
are set out in the Terms of employment (commonly referred to as a CiD). A CiD n Adult Literacy Organiser (Circular
(information) Act, 1994. is a permanent contract, either whole- M15/01)
Section 3 of this Act requires that, at a time or part-time.
n Adult Guidance Counsellors/
minimum, an employer must provide an This qualifying period of in excess of Co-Ordinator (Circular Letter 70/04)
employee with a written statement of the two years was secured by the union
terms of her/his employment within two through the expert Groups that were n Community education Facilitator
months of commencement of that established under the Haddington road (Circular Letter 45/02)
employment. in practical effect, a written Agreement. This is a significant
statement of the terms of your employment improvement on what is provided for in
amounts to a default contract, albeit a
minimal one.
law – a period of continuous
employment of in excess of four years.
What details should
in some sectors there is not yet an agreed The TUi also secured the removal of my contract
contain?
contract in written form. For example, there covering for career breaks and
is none for teachers appointed to secondments from the list of valid
permanent whole-time positions in reasons (known as “objective grounds”)
for denying the award of permanence by in compliance with the Terms of
Community Schools. However, in such cases
way of a CiD. employment (information) Act, 1994, the
there is an unwritten (implied) contract that
following should be noted in each contract:
is enforceable and, of course, there is an
entitlement to a written statement of the Currently, under the TUi/DeS The full names of the employer and the
terms of the employment. Agreement, May 2016, the TUi is employee and the address of the employer
engaged in negotiating the application of
similar measures for the Youthreach There is a number of employers in the
resource Person and Co-ordinator education Sector and the specific employer
grades. should be named on your contract.
n fixed-term contract: if you are n education and Training Boards
appointed to a temporary, time-limited if your employer is an education and
16 september 2016 - TUi NeWStui neWs
u receive it and what should it contain?
Training Board (eTB) your appointment School A for Monday and Tuesday and following August. This provides for
is to the “scheme”. This means that you School B for Wednesday, Thursday and continuation of salary payment during the
may be assigned to any Vocational School Friday. summer months.
or Community College/Designated
the title of the job or nature of the if your contract is at variance with this,
Community College or to any education
work for which the employee is there may be an error and you should
Centre within the particular eTB.You
employed contract the TUi for advice.
may, in subsequent years, be transferred
within the scheme (subject to the terms
of the particular transfer agreement that
The contract should set out the title of the
job i.e. the grade. This will then determine Other Terms and
is in place at the time). the specific terms and conditions of
employment and the pay-scale to be used. Conditions to be
contained within the
n Community and Comprehensive Schools
You should note carefully the grade stated
and Voluntary Secondary Schools
and check the agreed contract for that
contract
Community and Comprehensive (C&C)
grade. For example, if ‘teacher’ is the stated
schools and Voluntary Secondary schools
grade, then compare the contract you are
are stand-alone employers. As such, your
offered to the contract appended to n in the case of a temporary contract of
employer will be named as the Board of
Circular Letter 24/2015 to ensure its employment, the expected duration
Management of the specific school that
accuracy. if ‘Youthreach resource Person’ is thereof or, if the contract of
you have been appointed to.
stated, then compare your contract to the employment is for a fixed term, the date
n institutes of Technology contract appended to Circular Letter on which the contract expires
institutes of Technology are also stand- 12/2003.
n the rate or method of calculation of the
alone employers. As such, your employer
the date of commencement of the employee's remuneration – the pay
will be named as the institute that you
employee's contract of scales for each grade are available in the
have been appointed to.
employment TUi Diary and Handbook
the place of work or, where there
if the contract offered to you is Fixed Term n the length of the intervals between the
is no fixed or main place of work, a
(that is, for a specified or period of time and times at which remuneration is paid – i.e.
statement specifying that the
with a stated termination or end-date) it will the frequency of salary payment,
employee is required or permitted
typically – but not always - be for an whether weekly, monthly or at any other
to work at various places
academic year, commencing on 1st of interval. The frequency of payment
in the case of Community & Comprehensive September and ending on 31st August of the during leave periods should be
Schools,Voluntary Secondary Schools and following year. Notwithstanding this consistent with the agreed contract.
institutes of Technology the place of work is commencement date, most schools open
n any terms or conditions relating to
the specific employer. in the case of an eTB, before 1st September and will require you
hours of work (including overtime) - i.e.
the school/centre to which you are to present for work in the last days of
how many hours of work per week
deployed in the current academic year August. This is to be expected and is not an
should be stated clearly. For example, you issue to be concerned about. The payment n any terms or conditions relating to paid
may be employed by Galway and period for such a fixed-term contract will be leave (other than paid sick leave)
roscommon eTB and your place of work the twelve months from 1st September to
for the academic year 2016/17 may be listed 31st August, inclusive.
n any terms or conditions relating to—
as Galway Community College. in • incapacity for work due to sickness or
in some cases, a contract may commence
subsequent years the eTB - provided that it injury and paid sick leave, and
later, or conclude earlier. This typically
complies with the relevant transfer
applies if you are employed to substitute for • pensions and pension schemes,
agreement negotiated with the TUi - may
an employee on maternity leave or another
choose to move your place of work to • the period of notice which the
form of short-term leave.
another school/centre in the eTB. in some employee is required to give and
cases a contract may state that a person will if your fixed-term contract commences entitled to receive (whether by or
have more than one place of work. For before the 1st November, its termination/ under statute or under the terms of
instance, the eTB might deploy you to end date should normally be 31st of the the employee's contract of
employment) to determine the
employee's contract of employment
TUI advises that you retain the following documents or, where this cannot be indicated
for your personal records and to assist TUI in the event when the information is given, the
method for determining such periods
that you require advice or representation: of notice,
n Advertisements for any/all jobs in which you have been employed • a reference to any collective
n Letter of Offer/Appointment Contract(s) AND Cover Letter(s) for all jobs in which agreements which directly affect the
you have been employed terms and conditions of the
n Any other documentation/correspondence relating to your employment employee's employment including,
where the employer is not a party to
n All Payslips such agreements, particulars of the
n Annual Timetables bodies or institutions by whom they
n All Teaching Council records/Documentation were made.
n Attendance Certificates for all CPD including that related to induction programmes
www.tui.ie - TUi NeWS 17tui neWs
‘he saw their potential and knew that
drawn out and built upon’
On March 14th 2016 we heard that Tom in 1980, Tom was appointed as deputy
Hunt was seriously ill in a Dublin principal in Ballyhale Vocational School
hospital and did not have long to live. (now Scoil Aireagail). The school
This could not be possible because continued to grow at this time
Tom was always so vibrant and and soon outgrew the original
larger than life. When we heard main buildings. Prefabs were
that he had died in the early brought in to accommodate
hours of March 18th there the growth but these
was such a palpable feeling prefabs rapidly
of disbelief, sadness and deteriorated and were
numbness among the replaced by more prefabs.
whole TUi and rMA Tom spearheaded
community in Co. Kilkenny various campaigns over
and it was hard to the years to have a new
comprehend how this school provided and he
could be. At his funeral, always had great support
people said that they from the parents and
thought that Tom would staff. He was tenacious in
bury them—he was only 72 this regard and he fought
and had walked the Camino along with the parents'
de Santiago for 35 days as committee and Board of
recently as September/October Management to highlight the
2015 but now we were laying him need for a new school. This was
to rest in a country churchyard in a priority for him. Many meetings
Co. Kilkenny on a cold March day. were held with the VeC and
Department of education but there
Tom was from Lisronagh in Co. was always a problem—the site,
Tipperary and he never forgot his Tipp educational cutbacks and funding
roots—a lovely touch at his burial was were going on to make conditions matters. So, although Ballyhale had
when daffodils from his family’s home better for teachers, a cause for which absolute priority over the other
farm were put in his grave by his nine he worked tirelessly all of his life. schools in Kilkenny since 1979, it was
beloved grandchildren. only in 1999 that Micheal Martin, then
Tom was President of TUi between Minister for education, opened the
Tom came to Co Kilkenny in 1972 1981 and 1983. in his address to the new school.
where he was appointed to Kilkenny 1983 TUi Annual Congress, he
City Vocational School to teach english. denounced what he saw as a serious Tom had become principal of Ballyhale
For us young teachers who came undermining of the concept of free in 1992, but, until 1999, whenever he
along later, Tom was always second-level education in order to wanted to announce news to the
synonymous with TUi, the union which save a few “paltry” pence. He said that school community, whether bad or
we had all joined as soon as we were no President had stood in front of an good, he had to stand on a chair,
appointed. We knew that Tom was Annual Congress in the previous two outdoors, in the wind and rain. From
“important“ in the union and often and a half decades amid such 1999, he had a new assembly area/ Pe
went to meetings to “Head Office” in educational devastation. Worse was to hall in which to address the students
Orwell road. We were mesmerised at come over the next 30 years, much to and staff.
branch meetings back in Kilkenny Tom’s dismay.
when he told us of negotiations which Although the physical conditions were
dreadful in Ballyhale, there was always
a great spirit which was full of energy.
18 september 2016 - TUi NeWSYou can also read
