Rónán Mullen (Independent)

I move amendment No. 40:

In page 9, between lines 38 and 39, to insert the following:

"(14) The Unfair Dismissals Acts 1977 to 2007 shall not apply to the dismissal of a person employed in a teaching position in a school where the dismissal follows directly from the cessation of the remuneration of that person out of monies provided by the Oireachtas.".

The amendment provides for the insertion of a subsection (14). Where the Department declines to further remunerate an unregistered teacher and the school cannot pay the teacher, who may have a continuing contractual right of employment with the school, the school and the Department may be sued for unfair dismissal if the school is forced to dismiss the teacher. Since the situation would be brought about by the Department of Education and Skills, the school should not be liable in the situation and it should be given immunity from suit by the teacher in question for unfair dismissal. It is a reasonable amendment which I hope the Minister will favour.