On full examination of the Rights Commissioner finding in this case it is the view of the Department that the Rights Commissioner erred in her findings in relation to this matter. The Department of Education and Skills Circular on seniority (DES Circular No. 59/06), which was agreed with both IMPACT and SIPTU, the 2 Unions representing SNAs is clear in that it states that "Seniority is important in determining which SNAs should be offered reduced hours or have their employment terminated when the allocation of the school is reduced." DES Circular No. 59/06 is entirely silent on the allocation of sanctioned additional SNA support hours. Accordingly, it is entirely a matter for the school/VEC as the employer to determine the most appropriate method of allocating any sanctioned additional SNA support hours granted by the NCSE with a view to effectively meeting the care needs of the pupil/pupils in the school/VEC.
Unfortunately, in light of the above the Department are not in a position to sanction implementation of the Rights commissioner finding given that it contravenes both Departmental circular and practice in relation to the allocation and recruitment of SNAs.
