NATIONAL ASSOCIATION OF BOARDS OF MANAGEMENT IN SPECIAL EDUCATION

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NATIONAL ASSOCIATION OF BOARDS OF MANAGEMENT IN
SPECIAL EDUCATION
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RESPONSIBILITIES OF BOARDSCONTRACTS, CIDs,
VETTING
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• The Employment Contract
• Basic Statutory Rights Legislation
• Equality and Discrimination
• Part Time / Fixed Term Workers
• CIDs

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THE CONTRACT

• Is a written contract necessary?
• Terms of Contract Express Terms Implied Terms
• Implied Terms 4 types
• By Statute
• By Custom/Practice
• Collective Agreement
• By Law

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PRE CONTRACT ASPECTS

• Advertisement
• Interview
• Pre Employment Conditions
• References
• Medical Report

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CONTRACT USUAL TERMS

• Parties
• Date of Commencement
• Job Function / Description
• Hours of Work
• Place of Work
• Remuneration
• Probationary Term?

• Fixed Term
• Holidays
• Sick Pay
• Rest Periods / Breaks
• Disciplinary Procedure
• Grievance Procedure
• Notice
• Miscellaneous

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MISCELLANEOUS TERMS

• Child Protection Disclosure Clause
• Retirement
• Pension
• Attendance and Punctuality
• Safety Regulations
• Maternity Leave Entitlements
• Compassionate Leave

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OBLIGATIONS of Board as Employer

• Obligation to be fair/reasonable
• Obligation to comply with employment legislation
• Principle Employment terms not altered
  unilaterally to employees detriment
• Have you a basic knowledge of employment
  legislation?

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TERMS OF EMPLOYMENT (INFORMATION) ACTS 1994-2001

• Employers must provide written statement of basic
  terms
• Terms usually incorporated in any written
  contract

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BASIC TERMS

• Full name of employer/employee
• Employers address
• Place of Work
• Job Title/Nature of Work
• Commencement date
• If temporary, expected duration
• If Fixed Term, expiry date
• Rate/calculation of remuneration

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• How remuneration paid ie weekly/monthly
• Conditions re hours of work/overtime
• Conditions re paid leave
• Conditions re incapacity/sickness
• Pension / Pension Scheme
• Notice Period
• Collective Agreements
• Rest Periods / Breaks

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• Employer may include additional terms, eg
• Shift work requirements
• Grievance Procedure
• Disciplinary Procedure
• Deductions from pay
• Lay off/short time provisions
• All employees must receive written summary of
  dismissal procedures, within 28 days of
  commencement

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Minimum Notice and Terms of Employment Acts
1973-2001

• Entitles employees to statutory minimum notice

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ORGANISATION OF WORKING TIME ACT

• Maximum 48 hour week
• Minimum 15 minutes every 4.5 hours, 30 minutes
  every 6 hours
• At least 11 consecutive hours rest in 24 hours
• Sundays off, unless otherwise stated in contract
  compensated
• Night worker - define

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NATIONAL MINIMUM WAGE ACT 2000

• Ministerial Order
• 7.65 per hour as of 1 May 2005

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HOLIDAYS

• Organisation of Working Time Act 1997
• Annual Leave
• 4 working weeks / one third of working week if
  117 hours in calendar month / 8 of hours worked
• General principle maintained holidays taken at
  time convenient to employer (reasonable regard
  for family circumstances)
• Public Holidays day off or other paid day off

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MATERNITY LEAVE

• Maternity Protection Act 1994
• Maternity Protection (Amendment) Act 2004

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ADOPTIVE LEAVE ACT 1995

• Entitles adopting mother or sole male adopter to
  14 consecutive weeks unpaid adoptive leave and
  further 8 weeks additional unpaid adoptive leave

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PARENTAL LEAVE ACT 1998

• Entitlement to 14 weeks unpaid leave, for parents
  of each child born or adopted
• After one years continuous service, otherwise
  pro rata
• Before child reaches 5 years
• One block or, by agreement, broken
• For care of child

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CARERS LEAVE ACT 2001

• 12 months continuous service
• To provide full time care for up to 65 weeks
  unpaid
• Job kept open
• Only pay, holiday and pension entitlements
  affected
• Medical assessment of care recipient
• Direct system of communication

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Protection of Employees (Part Time) Work Act 2001

• Main Purposes
• Prohibit discrimination against P/T workers
• Improve quality of P/T work
• Facilitate development of P/T work on voluntary
  basis, foster flexibility
• Abolition of Previous Thresholds re P/T work
• No less favourable treatment unless objective
  justification

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AGENCY WORKERS

• Traditional Entitlements
• Same rights as direct employees re
• Payment of Wages
• Unfair Dismissal
• Maternity Protection
• Adoptive Leave
• Holidays, holiday pay, rest periods/breaks
• Terms of Employment Information
• Discrimination

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The Protection of Employee (Fixed Term Work) Act
2003

• Outlaws discrimination against fixed term workers
• Renewals must state objective grounds in writing
• F/T Contracts commenced before 14th July 2003
• One renewal, one year max
• F/T Contracts commencing after 14th July 2003
• Aggregate of F/T contracts may not exceed 4 years

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UNFAIR DISMISSALS ACTS 1977-2001

• Presumption of Unfair Dismissal
• Certain grounds deemed unfair
• Certain grounds substantially justifying
  dismissal
• Capability, competence, qualification
• Conduct
• Redundancy
• Other substantial reasons

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• Expiry of Fixed Term / Fixed Purpose Contracts
• To Qualify
• One years continuous service
• Age 16 66
• Concept of Constructive Dismissal
• Employee furnished with Disciplinary/Dismissal
  Procedures

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• Claims Rights Commissioner or Employment
  Appeals Tribunal
• Redress
• Reinstatement or re-engagement
• Compensation
• 2 years remuneration ceiling

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Employment Equality Act 1998

• Pre 1998
• Introduction of 9 discriminatory grounds
• Prohibits direct discrimination
• Indirect discrimination
• Reasonable accommodation for disabled employee
• Vicarious Liability Defence such steps as are
  reasonably practicable to prevent

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DISCRIMINATORY GROUNDS

• Gender
• Marital Status
• Family Status
• Sexual Orientation
• Religion

• Age
• Disability
• Race
• Traveller Community

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EQUAL STATUS ACT

• Outlaws discrimination in provision of goods and
  services
• Outside scope of employment relationships
• Nine grounds
• Direct and indirect discrimination
• Vicarious Liability

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DISCRIMINATORY GROUNDS

• Gender
• Marital Status
• Family Status
• Sexual Orientation
• Religion

• Age
• Disability
• Race
• Traveller Community

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VETTING

• Rationale
• Garda Clearance
• Issues re methodology
• Shortcomings

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RELATED ISSUES

• Health Board Investigations
• Data Protection Act
• Previous Employment
• Residence

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QUESTIONS

• Where have you been residing during the previous
  five years?
• Were you ever the subject of an inquiry by a
  Health Board concerning a child welfare matter?
• Were you ever the subject of a garda criminal
  investigation arising from a complaint of child
  abuse?
• Were you the subject of any allegation of
  criminal conduct or wrongdoing towards a minor?
• Are you aware of any material circumstance in
  respect of your own conduct which touched/touches
  on the welfare of a minor?