Parliamentary Question addressed to the Minister for Education and Skills

 

The end of the school year in which age 65 is reached is the maximum age to which pensionable service may be given by a teacher who is not “a new entrant” under the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004.

 

The implementation of the Fixed-Term Workers Act, 2003 in the education sector is governed by a transitional agreement of the education partners (2005) as updated by a number of circulars dating from 2005-2009.

 

A person employed on a contract of indefinite duration means that the person “has an expectation that, subject to the normal date of retirement in the employment, she or he will be retained in the employment and will not be dismissed without there being any good reason such as misconduct or unfitness for their position, or other compelling or unavoidable circumstances. Any dismissal shall be achieved by the application of the agreed termination arrangements for the particular sector or the application of the relevant statute, as the case may be.”

 

The recruitment and appointment of teachers to fill teaching posts is a matter for the individual school authority, subject to procedures agreed under Section 24(3) of the Education Act 1998 (as amended by the Education (Amendment) Act 2012).

 

Where there is a dispute regarding the award of a Contract of Indefinite Duration (CID) to a teacher, my Department’s procedures provide for an appeal to an independent adjudicator. A teacher may also choose to avail of the Rights Commissioner Service.