Complainant

Respondent

Parties

Oleksandra Dudurych

Department of Education

Representatives

Vadim Karpenko, Legal Bridge Advisors

Represented by Department Staff

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00064405-001

30/06/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00064405-002

30/06/2024

The complainant is registered with the Teaching Council to teach in a secondary school.  The documents she submitted for the hearing show that, on May 26th 2023, she applied for a position as a teacher in Our Lady of Good Counsel Infant Primary School in Mourne Road in Drimnagh, Dublin 12.  She had previously worked there as a substitute teacher.  On August 29th 2023, she commenced working on a one-year fixed-term contract as a teacher in an early intervention class.  In preparation for the hearing, the complainant submitted a copy of a Primary Teachers Appointment Form 2023/2024.  This shows that the purpose of the fixed-term contract was to fill in for a teacher on a career break.  The form shows that the commencement date of the contract was August 31st 2023 and the end date was August 31st 2024.  On page 2 of the form, the complainant inserted her Teaching Council Registration number and ticked the box to indicate that she was registered “for the purpose of Primary teaching, in accordance with Circulars 31/2011, 25/2013 & 52/2013.”

Under complaint reference CA-00064405-001, the complainant claims that she was paid less than the rate set out in the terms and conditions of her contract.   Under a separate complaint, she claims that she did not receive a statement of her terms and conditions of employment; however, I understand from her submission that this specific complaint, CA-00064405-001, relates to the fact that she was paid less than she expected to be paid when she accepted the job in July 2023. 

In her evidence at the hearing, the principal, Ms Warren said that she received a text message from the complainant on December 5th 2023 telling her that she hadn’t been paid any wages since the end of October.  Ms Warren said that the teachers’ payroll is managed by the Department of Education and she advised the complainant to contact the Department.  The following day, Ms Warren said that she was contacted by an employee in the Department, who informed her that the complainant was not qualified to teach in a primary school and that she should not have been offered a fixed-term contract.  Ms Warren said that she was told that she would have to re-advertise the job and continue to look for a qualified person to fill the vacancy.  In the meantime, Ms Warren said that she was advised that she could employ the complainant on a term-to-term basis.   

The documents submitted by the complainant show that a second Primary Teachers Appointment Form 2023/2024 was submitted to the Department for the period from November 6th until December 22nd 2023.  In her evidence, Ms Warren said that she was aware that the complainant was returning home to Ukraine for Christmas and that she had no money.  She said that she offered the complainant a loan from the school.  Ms Warren said that the complainant repaid the loan in January.

A third Primary Teachers Appointment Form 2023/2024 was completed for the complainant for the period from December 23rd 2023 until April 5th 2024.  The complainant returned to work on January 8th 2024 and informed the principal that she had another job and that she was leaving.  In her evidence, the complainant said that she got a job in a secondary school.  The complainant submitted a letter of resignation to the chairperson of the board of management of Our Lady of Good Counsel Infant Primary School on the same day.  At the hearing, she provided a copy of her payslip dated January 4th 2024 which shows that she received €5,063.20 in arrears of wages.

Under complaint reference CA-00064405-002, the complainant claims that, although her contract “presumes a full year of employment” she was informed that she would not receive a payment for the summer holidays.

CA-00064405-001:  Complaint under the Payment of Wages Act 1991

The complainant claims that she was paid less than she should have been paid when she accepted the fixed-term contract in July 2023.

A copy of Circular 31/2011 and 44/2019 were provided in advance of the hearing of these complaints.  I understand that Circular 44/2019 replaces earlier versions.  At clause 3 of chapter 2 of this circular, it is stated that the minimum requirements for employment as a primary school teacher is that a teacher,

a)        Is registered with the Teaching Council for the sector (see Section 3.2) and

b)      Has qualifications appropriate to the sector and suitable to the post for which he/she is to be employed (referred to in this circular as “appropriately qualified”).

Section 3.2 of the circular sets out the “routes” to qualification.  I understand from the website of the Teaching Council that “route 1” is to take a four-year degree course which is recognised by the Teaching Council and delivered by one of 13 selected teacher training colleges in Ireland.  “Route 2” is to complete an undergraduate degree followed by a Professional Masters in Education.  I understand that the complainant is not qualified in accordance with routes 1 or 2 but that she is qualified to teach English in a secondary school.   

Circular 33/2024 published by the Department of Education shows the rates of pay for primary and post primary teachers with effect from January 1st 2024.  For the purpose of investigating this complaint, it is not necessary to examine the rates prior to that date.  The complainant expected to be employed at point 1 of the pay scale for qualified primary school teachers, which is now €40,635.  She was paid at the rate for an unqualified primary school teacher, which is €34,815.

The fact that the complainant is from Ukraine and not familiar with the Teaching Council regulations in Ireland, and the fact that she worked as a substitute on a daily rate of pay before she accepted the fixed-term job may have contributed to the misunderstanding when she completed the Primary Teachers Appointment Form and indicated that she was qualified to teach in a primary school.  She is a qualified secondary school teacher, and she may be employed to teach in a primary school if there is no qualified primary school teacher available.  As an unqualified teacher working in a primary school, I am satisfied that she was on the correct rate of pay and that she was paid the wages that were properly payable to her.  I must conclude therefore, that the respondent has not contravened section 5 of the Payment of Wages Act 1991.

CA-00064405-002:  Complaint under the Payment of Wages Act 1991

I understand from the evidence of Mr Murphy from the Payroll Unit, that, if the complainant had continued working on a “term to term” basis in Our Lady of Good Counsel Infant National School up until the end of the 2023 – 2024 academic year in June 2024, she would have been paid for the summer holidays.  As she resigned from her temporary position on January 8th 2024, she has no entitlement to wages for the summer of 2024.

For the reasons I have set out above, I decided that these complaints are not well founded.

Wages, primary school teacher, qualifications, holiday pay