Dáil Éireann Debate, Thursday - 1 June 2023
184. Deputy Alan Dillon asked the Minister for Education if she will provide an update on the implementation of circulars related to the consistent awarding of contracts of indefinite duration across ETBs; the progress that has been made; the actions being taken to ensure compliance by all ETBs, including MSLETB; and if she will make a statement on the matter. [26797/23]
View answerThe Protection of Employees (Fixed Term Work) Act, 2003 sets out the conditions for the awarding of a contract of indefinite duration (CID). This arises in certain situations where a worker is given successive fixed term contracts in continuous employment. With regard to employees of ETBs and their entitlement to a CID, it is the responsibility of each ETB, as employer, to operate in compliance with the legislation and in accordance with the relevant sanction and conditions for the post(s) in question.
My Department issued Circular 65/2017 aimed at bringing consistency to the awarding of CIDs to tutors employed by ETBs. It is a matter for each ETB to operate in line with the Circular, and any queries in respect of the awarding of such contracts are a matter for the individual ETB in the first instance.
Where an employee is dissatisfied with the outcome, appeals should be lodged by way of the normal ETB Grievance procedure. Employees would also have the right to appeal matters relating to CIDs to the Adjudication Service of the Workplace Relations Commission and to the Labour Court in accordance with the relevant legislation.
With regard to the awarding of CIDs to teachers, whether employed by ETBs or by recognised primary or post-primary schools, the approach is governed by Circulars 23/2015 and 24/2015. The CID process for teachers is supported by robust procedures in my Department including redeployment arrangements and an appeals process where a teacher is dissatisfied with the outcome of their CID application.
