FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IVEA-NABSE-ACCS-JMB-CPSMA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Job Security For Special Needs Assistants
BACKGROUND:
2. This case concerns a dispute between the representatives of Special Needs Assistants (SNA's) and their employers in relation to job security. The issues concern further access to employment for SNA's after they have been made redundant. The parties are in dispute in relation to the appropriate mechanism to be be put in place that will ensure a fair and equitable system of re-employment within the sector. The Unions are is seeking a system whereby SNA's could be redeployed to other suitable schools as required. Management position is that further exploration of a suitable framework to facilitate the advertising, recruitment and selection of SNA's could assist in agreeing mutually suitable arrangements.
The dispute was not resolved at local level and was the subject of a number of facilitative meetings and a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 22nd May, 2012.
The following is the Court's Recommendation:
RECOMMENDATION:
- It is noted that Special Needs Assistants (SNAs) are not encompassed by the employment security commitment contained in the Public Service Agreement 2010-2014. Consequently, they cannot claim the same right to redeployment available to other Public Servants.
There is, however, a sustainable case for affording SNAs a greater degree of security in employment than presently exists. The Court believes that the fairest and most practical way of achieving this objective is to put in place an arrangement whereby SNAs whose role is displaced by redundancy can be facilitated in filling similar alternative posts that may become available. The Court, therefore, recommends that the following arrangements be put in place: -
(1)Where an SNA’s role becomes redundant they should be placed on a panel.
(2)Where a vacancy arises or where a new post is created it should first be offered to those on the panel in order of seniority, subject to suitability.
(3)Those on the panel should not have entitlement to remuneration beyond the existing arrangements and, subject to (4) and (5) below they should not become entitled to redundancy payments.(4)As an alternative to being placed on the panel an SNA who is displaced could opt for a redundancy payment in line with the current arrangement.(5)Likewise a SNA who remains on the panel for a full school year without being placed in employment should have the option of claiming a redundancy payment in line with the present arrangement.(6)A SNA who accepts a redundancy payment under either (4) or (5) above shall have no further entitlement to placement from the panel.(7)Where a SNA is placed in alternative employment under this arrangement they should carry forward their prior service.
The detailed provisions necessary to give effect to this recommendation should be agreed between the parties and facilitated by the Department of Education and skills.
Signed on behalf of the Labour Court
Kevin Duffy
25th June 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.