Michelle Mulherin (Mayo, Fine Gael)
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245. To ask the Minister for Education and Skills the reason no payment has been made by Mayo Vocational Education Committee to a person (details supplied) following a Labour Relations Commission Rights Commissioner Hearing that found that the claimant had a legitimate grievance and a payment of compensation was recommended; when will his Department issue further instructions to Mayo VEC on this matter; and if he will make a statement on the matter. [20282/13]

Ruairi Quinn (Dublin South East, Labour)
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On full examination of the Rights Commissioner finding in this case it is the view of the Department that the Rights Commissioner erred in her findings in relation to this matter. The Department of Education and Skills Circular on seniority (DES Circular No. 59/06), which was agreed with both IMPACT and SIPTU, the 2 Unions representing SNAs is clear in that it states that "Seniority is important in determining which SNAs should be offered reduced hours or have their employment terminated when the allocation of the school is reduced." DES Circular No. 59/06 is entirely silent on the allocation of sanctioned additional SNA support hours. Accordingly, it is entirely a matter for the school/VEC as the employer to determine the most appropriate method of allocating any sanctioned additional SNA support hours granted by the NCSE with a view to effectively meeting the care needs of the pupil/pupils in the school/VEC.