Dáil Éireann Debate, Thursday - 5 April 2007
434 Mr. Cuffe asked the Minister for Education and Science if teachers working in national schools are private employees or public servants; if they are in fact private employees answerable to the board of management of the school they work in; the reason they are denied access to the Labour Court; and if she will make a statement on the matter. [13601/07]
Amharc ar fhreagraTeachers working in national schools have a contract of employment with the board of management of the school in which they are employed. The board of management, as employer, has the power to appoint such and so many persons as teachers as the board from time to time thinks necessary for the performance of its powers and functions. An employee/employer relationship exists between the teacher and the board of management and the teacher is answerable to the board of management of the school. The numbers and qualifications of teachers who are paid from monies provided by the Oireachtas are subject to the approval of the Minister for Education and Science with the concurrence of the Minister for Finance. Such teachers are regarded as public servants. The terms and conditions of employment of such teachers, appointed by the board of management, and who are paid from monies provided by the Oireachtas are determined by the Minister for Education and Science with the concurrence of the Minister for Finance.
Access to the disputes settling agencies- Labour Relations Commission, Labour Court and Rights Commissioner Service- is governed by the definition of "worker" in Section 23(1) of the Industrial Relations Act 1990. At present teachers do not have access to these agencies as they are specifically excluded from the definition of "worker". Teachers are instead served by an agreed scheme of conciliation and arbitration for teachers which operates to provide a means acceptable to the managerial authorities of national and second level schools, the teacher unions and the Ministers for Education and Science and Finance for dealing with claims and proposals relating to the salaries and conditions of service of teachers. The scheme provides for conciliation, facilitation and, if agreement does not prove possible, arbitration by the Teachers Arbitration Board. The Arbitration Board is appointed by the Government.
An individual serving as a teacher continues to have a right to submit through the normal channels any statement he or she may wish to make to his or her employer on any matter affecting his or her official position or, if appropriate, to have the matter pursued through appropriate grievance procedures agreed between the teacher unions and the managerial authorities of schools. Accordingly claims by or on behalf of individuals are excluded from the scope of the conciliation and arbitration scheme. The grievance procedures, agreed between the managerial authorities of schools and the teacher unions, provide access to a dispute resolution mechanism as the last stage of the procedure. In addition individual rights based legislation such as the Maternity Protection Act 2004 provides that an employee (including teachers) may refer a complaint to a Rights Commissioner and on appeal to the Employment Appeals Tribunal.
