Written answers

Tuesday, 10 May 2022

Department of Education and Skills

Further and Higher Education

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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593. To ask the Minister for Education and Skills if he will respond to concerns raised by a person (details supplied) in respect of their current employment contract; and if he will make a statement on the matter. [22782/22]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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618. To ask the Minister for Education and Skills if a response will issue to concerns raised by a person (details supplied) in respect of their employment contracts; and if he will make a statement on the matter. [23488/22]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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I propose to take Questions Nos. 593 and 618 together.

Issues in relation to contracts for adult education tutors have been under discussion via national agreements and industrial relations mechanisms and significant progress has been made in resolving key elements of the claim over a number of separate engagements.  These include the issuing, in 2017, of a Circular in relation to an agreement to a consistent formula or method of awarding Contracts of Indefinite Duration across ETBs. Agreement was also reached in November 2019, in respect of access to leave schemes, paid leave and access to the appropriate public sector pension scheme.

It is acknowledged that the issue relating to aligning adult education tutors to a pay scale of an existing grade within the ETB sector remains unresolved.  As this element was viewed as cost-increasing it was therefore prohibited by the Public Service Stability Agreement and precluded under section 5 of the Financial Emergency Measures in the Public Interest Act, 2010. Accordingly, the claim was not conceded. 

The claim was referred to the Labour Court by SIPTU and TUI. Following a Labour Court hearing on the 6th March 2020 a recommendation was made with the key points being that the Court noted the constraints of the FEMPI legislation and collective agreements and that the official side should identify the scale of cost it is prepared or able to absorb to address the claim and formulate an offer. The matter is being examined by my Department in consultation with the Departments of Education and Public Expenditure and Reform with a view to finalising the official position at the earliest opportunity.

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