{"id":2438,"date":"2021-09-05T08:29:26","date_gmt":"2021-09-05T08:29:26","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2438"},"modified":"2024-04-10T19:55:11","modified_gmt":"2024-04-10T19:55:11","slug":"employment-issues","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/employment-issues\/","title":{"rendered":"Employment Issues"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Nature_of_Office\" title=\"Nature of Office\">Nature of Office<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Terms_of_Employment\" title=\"Terms of Employment\">Terms of Employment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Primary_Teachers\" title=\"Primary Teachers\">Primary Teachers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Security_of_Tenure\" title=\"Security of Tenure\">Security of Tenure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Catholic_Patronage\" title=\"Catholic Patronage\">Catholic Patronage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Religious_Differentiation\" title=\"Religious Differentiation\">Religious Differentiation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Judicial_Review\" title=\"Judicial Review\">Judicial Review<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Judicial_Review_in_Education\" title=\"Judicial Review in Education\">Judicial Review in Education<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Performance_and_Discipline\" title=\"Performance and Discipline\">Performance and Discipline<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Child_Protection\" title=\"Child Protection\">Child Protection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/employment-issues\/#Occupational_Health_and_Safety\" title=\"Occupational Health and Safety\">Occupational Health and Safety<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#TEACHERS_SUPERANNUATION_ACT_1928\" title=\"TEACHERS SUPERANNUATION ACT, 1928.\">TEACHERS SUPERANNUATION ACT, 1928.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Preparation_of_superannuation_scheme\" title=\"Preparation of superannuation scheme.\">Preparation of superannuation scheme.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Contents_of_superannuation_scheme\" title=\"Contents of superannuation scheme.\">Contents of superannuation scheme.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Teacher_appointed_to_Civil_Service\" title=\"Teacher appointed to Civil Service.\">Teacher appointed to Civil Service.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#TEACHERS_SUPERANNUATION_AMENDMENT_ACT_1990\" title=\"TEACHERS&#8217; SUPERANNUATION (AMENDMENT) ACT, 1990\">TEACHERS&#8217; SUPERANNUATION (AMENDMENT) ACT, 1990<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Amendments_to_Principal_Act\" title=\"Amendments to Principal Act.\">Amendments to Principal Act.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#NATIONAL_SCHOOL_TEACHERS_IRELAND_ACT_1879\" title=\"NATIONAL SCHOOL TEACHERS (IRELAND) ACT 1879\">NATIONAL SCHOOL TEACHERS (IRELAND) ACT 1879<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Interpretation_of_terms\" title=\"Interpretation of terms.\">Interpretation of terms.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Pensions\" title=\"Pensions.\">Pensions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Deductions_from_salaries_of_teachers\" title=\"Deductions from salaries of teachers.\">Deductions from salaries of teachers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Investment_of_pension_funds\" title=\"Investment of pension funds.\">Investment of pension funds.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/employment-issues\/2\/#Power_to_Treasury_to_make_rules\" title=\"Power to Treasury to make rules.\">Power to Treasury to make rules.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Office\"><\/span>Nature of Office<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>General employment laws apply to teachers.\u00a0 However, the structure of education in Ireland has led to a unique triangular relationship between the Department of Education, schools\/Board of Management and the teachers.<\/p>\n<p>Teachers employed in national schools are employed by the manager on behalf of the school patron.\u00a0 The Boards are bodies corporate and are the employer. Many of the terms and conditions of employment are determined by the Department with the consent of the Department of Finance.<\/p>\n<p>As a general rule, the state is not vicariously liable for the acts of teachers appointed by a manager of the school.\u00a0 There is no employment relationship between the teacher and state.\u00a0 This was upheld by the Supreme Court in O\u2019Keefe v Hickey in 2008.<\/p>\n<p>Teachers are not technically civil servants.\u00a0 However, they are treated as part of the public service for various purposes.\u00a0 The State is responsible for most teachers\u2019 salaries.\u00a0 A State statutory pension scheme was provided under the National School Teachers Ireland Act 1879.<\/p>\n<p>Teachers may be redeployed from one school to another in accordance with a redeployment procedure provided for in the Education Amendment Act 2012.\u00a0 The Department is required to consult prior to redeployment.\u00a0 It is arguable that the Boards of Management\u2019s consent is necessary.<\/p>\n<p>The numbers and qualifications of teachers must be agreed by the Department of Education.\u00a0 \u00a0The Department inspects and monitors teaching standards in recognised schools.<\/p>\n<p>Teachers at primary, post-primary and further education levels must register with the Teaching Council. Part 5 of the Teaching Council Act deals with fitness to practice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Terms_of_Employment\"><\/span>Terms of Employment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The making of the contract with the Board of Management constitutes the contractual relationship.\u00a0 However, upon approval by the Department of Education and Science, the teacher becomes a member of the public service.<\/p>\n<p>This contract is subject to the general rules of employment law. Many aspects of teachers\u2019 contracts of employment are governed by the Department of Education memos and circulars.<\/p>\n<p>Employment law implies a wide range of protections covering different subject matters into the contract of employment.\u00a0 This covers and includes legislation on unfair dismissal, minimum notice, holidays, equality and the protection of part-time workers.\u00a0 Also implied is a wide range of other rights dealing with such matters as data protection, health and safety and industrial relations mechanisms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Primary_Teachers\"><\/span>Primary Teachers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>When a primary teacher enters a post in a recognised school, he or she enters a contract of service and agrees to be bound by the rules of a national school.<\/p>\n<p>The basic terms of the primary teachers\u2019 employment contracts were agreed upon in the 1870s.\u00a0 Written agreements for secondary teachers were not concluded until the 1940s.<\/p>\n<p>Four forms of contracts were introduced in 1873.\u00a0 This minimum notice period remains in place and is significantly longer than the minimum notice provided by the modern employment legislation.<\/p>\n<p>The Green Form 2\u00a0 is still in use and has been the most commonly used despite being effectively amended by the requirements of constitutional justice relative to dismissals and the imposition of sanctions on an office holder.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Security_of_Tenure\"><\/span>Security of Tenure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the late 19th century and earlier 20th century, the teacher had no strict tenure of office, could be dismissed on relatively short notice with few substantive protections. The Maynooth Agreement which dates from the late 19th century between teachers collectively and Catholic clerical managers, remained of relevance until very recently.<\/p>\n<p>Initially, primary teachers could be dismissed by the manager without notice or call.\u00a0 Following recommendations by the Powis Commission in 1870, a three month period of dismissal was provided for.<\/p>\n<p>The Green Form provided in principle for dismissal without reason.\u00a0 \u00a0In addition to the right to dismiss on three months&#8217; notice, dismissal could take place for misconduct or other good reason without notice. This position is now subject to the Unfair Dismissals Act.<\/p>\n<p>The older procedures were superseded by circulars and procedures made pursuant to the Education Act 2012.\u00a0 They provide a procedure for appeal against suspension and dismissal.<\/p>\n<p>The Unfair Dismissals Act is also applicable to teachers.\u00a0 See generally the sections on employment law and the Unfair Dismissals Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Catholic_Patronage\"><\/span>Catholic Patronage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The matter has been the subject of negotiation and agreement between the INTO and clerical school management over decades. The first Maynooth Agreement 1894 provided that dismissal notice would not be served by a Catholic manager until the manager has given his Bishop, the patron notice of the intention to do so and the secured agreement.<\/p>\n<p>A revised agreement, the Maynooth Agreement 1927 was incorporated into a church statute.\u00a0 This provided for notice of an intention to dismiss to be given to the Bishop and the opportunity for the teacher to make his defence to the Bishop.\u00a0 Unlike the earlier agreement, this applies to dismissals based on misconduct.<\/p>\n<p>This mechanism continue to be available until 2012 when it was superseded by circulars and procedures made pursuant to the Education Act 2012.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Religious_Differentiation\"><\/span>Religious Differentiation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Employees of Roman Catholic managed schools are required to have a religion certificate.\u00a0 This is generally given on graduation and completion of a course.\u00a0 It is now available to part-time and teachers entering training from abroad.\u00a0 The general carve-out for employment equality for religious managed schools did not apply in the circumstances.<\/p>\n<p>The Employment Equality Act provided until amendment under 2018 legislation, that there was deemed not to be discrimination on the religion ground to give more favourable treatment to an employee or prospective employee on the ground of his religion where it is reasonable to do so in order to maintain the religious ethos of an institution or take actions which are reasonably necessary to prevent an employee or prospective employee from undermining that religious ethos.\u00a0 This exemption was upheld under the Constitution on reference by the President of the Bill to the Supreme Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Judicial_Review\"><\/span>Judicial Review<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Judicial review is not a review on the merits.\u00a0 It is a declaration as to legality.\u00a0 It usually challenges the fairness of procedures.\u00a0 A decision is only subject to substantive challenge if it is so unreasonable that no reasonable decision-maker could make it.\u00a0 The test is often expressed that it is at variance from fundamental reason and common sense.<\/p>\n<p>Where the decision maker\u2019s authority derives from a private agreement or contract it is not subject to judicial review.\u00a0 This applies even where the agreement arises in accordance with procedures agreed between the Minister and school.\u00a0 Accordingly, private law procedures in relation to dismissal and sanction have been held not to be subject to judicial review.<\/p>\n<p>Where the decision maker\u2019s authority derives from a private agreement or contract it is not subject to a judicial review.\u00a0 This applies even where the agreement arises in accordance with procedures agreed between the Minister and school.\u00a0 Accordingly, private law procedures in relation to dismissal and sanction have been held not to be subject to judicial review.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Judicial_Review_in_Education\"><\/span>Judicial Review in Education<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It appears that matters concerning teachers\u2019 appointment and terms of employment can in principle be, challenged by way of judicial review.\u00a0 They can have the requisite public law element.\u00a0 They are based on statute and there is an extensive public element.<\/p>\n<p>The functions conferred on Boards of management have a public law element.\u00a0 They are empowered to appoint, suspend and dismiss teachers in accordance with procedures agreed from time to time between the Minister, the patron, the recognised management operation organisation, recognised trade unions and staff associations.<\/p>\n<p>Where the dispute relates to rules and procedures deriving from statute, a judicial review is available.\u00a0 A circular may have requisite public law elements that is not present in the case of an agreement.<\/p>\n<p>A teacher employed by the Vocational Education Committee (now the Education and Training Board) was an officer of the committee.\u00a0 There were special statutory provisions in the Vocational Education Acts in relation to the removal of an officer.\u00a0 The grounds include unfitness to hold the office and refusal to carry out lawful requirements.<\/p>\n<p>A special local inquiry procedure existed under the legislation.\u00a0 As the procedure was clearly a public law procedure, it was amenable to judicial review. The general provisions of judicial review apply.\u00a0 See the separate sections in that regard.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Performance_and_Discipline\"><\/span>Performance and Discipline<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Education Act 2012 provides that the Board of a school may in accordance with procedures determined by the Minister following consultation with certain bodies, appoint, suspend or dismiss the principal, teachers or other staff of the school, remunerated from monies provided by the Oireachtas. There are published agreed procedures in relation to the suspension and dismissal of principals and teachers.<\/p>\n<p>Disciplinary procedures have been agreed upon under the Partnership 2016 negotiation.\u00a0 They supersede previous codes of disciplinary practice. Each is issued under the 1998 legislation as amended. There are two separate procedures.<\/p>\n<ul>\n<li>Revised procedures for suspension and dismissal of teachers.<\/li>\n<li>Revised procedures for suspension and dismissal of principals.<\/li>\n<\/ul>\n<p>Teacher\u2019s qualifications and registration are dealt with by the Teaching Council under the Teaching Council Acts.\u00a0 There are procedures in relation to professional competence issues and procedures in relation to non-professional competence issues at work.<\/p>\n<p>The first mentioned procedure provides for a verbal warning at stage I.\u00a0 A written warning is given at stage II.\u00a0 A further written warning and final written warning is given at stage III.\u00a0 That is an appeal to the teacher&#8217;s disciplinary appeal panel.<\/p>\n<p>Notification must be given to the Teaching Council of the disciplinary action.\u00a0 Procedures should be exhausted before resorting to legal proceedings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Child_Protection\"><\/span>Child Protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Protection of Persons reporting Child Abuse Act 1998 provides immunity from liability for those who report child abuse under certain circumstances.\u00a0 There is now more general legislation on reporting child abuse and on whistleblowing generally.<\/p>\n<p>Abuse covers sexual abuse, assault, ill-treatment, neglect, impairment and neglect of health, development or welfare.\u00a0 Welfare includes physical, moral, emotional and social welfare. A person is immunised from claims for compensation and other sanction in relation to communications that a child is being assaulted, ill-treated, neglected or sexually abused or that the child\u2019s health, development or welfare is being avoidably impaired or neglected.<\/p>\n<p>It is a condition that the person has acted reasonably and in good faith in forming the relevant opinion.\u00a0 This is so, even if the opinion is unfounded. The communication must be made to an appropriate person.\u00a0 This must be a designated officer of the HSE or a member of an Garda S\u00edoch\u00e1na. An employee is protected from penalisation by way of disciplinary action by his or her employer.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Occupational_Health_and_Safety\"><\/span>Occupational Health and Safety<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The health, safety and welfare legislation, obligations apply to schools.\u00a0 The obligations are owed to staff members and students.\u00a0 See the separate section on health, safety and welfare at work.\u00a0 This includes the requirements for safety statements, non-penalisation for complaints and the appointment of a safety representative.<\/p>\n<p>The issue of workplace stress and bullying arises under health and safety legislation and common law principles.\u00a0 Many of the cases on the subject have involved schools and teachers.\u00a0See generally the relevant sections on occupational health and safety in relation to these matters.<\/p>\n<p><!--nextpage--><\/p>\n<h2>TEACHERS SUPERANNUATION ACT, 1928.<\/h2>\n<p>AN ACT TO MAKE PROVISION FOR THE FORMULATING AND CARRYING OUT OF SCHEMES FOR THE PROVISION OF PENSIONS AND GRATUITIES FOR OR IN RESPECT OF TEACHERS AND CERTAIN FORMER TEACHERS. [30th November, 1928.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Definition.<\/p>\n<p>1.\u2014In this Act the word \u201cteacher\u201d includes a person who was a secondary teacher on the 1st day of January 1927 and ceased to be such teacher after that date and before the passing of this Act, and also includes a person who was formerly a teacher and while he was a teacher was appointed to a pensionable post in the Civil Service of Saorst\u00e1t Eireann and at the passing of this Act holds the same or a similar post in the said Civil Service.<\/p>\n<h4>Preparation of superannuation scheme.<\/h4>\n<p>2.\u2014(1) The Minister for Education may, with the consent of the Minister for Finance, prepare in relation to any particular class or classes of teachers a scheme (in this Act referred to as a superannuation scheme) with the object of providing pensions and gratuities for or in respect of the class or classes of teacher to whom such scheme applies and (subject to confirmation thereof under this Act) carry such scheme into execution.<\/p>\n<p>(2) Different superannuation schemes may be prepared and (subject as aforesaid) be carried into execution by the Minister for Education in relation to different classes of teachers.<\/p>\n<h4>Contents of superannuation scheme.<\/h4>\n<p>3.\u2014(1) A superannuation scheme may contain provisions in relation to all or any of the following matters, that is to say:\u2014<\/p>\n<p>(a) the setting up of a pension fund for the purposes of such scheme and the administration of such fund;<\/p>\n<p>(b) the payment into such fund by teachers to whom such scheme applies of such contributions as may be prescribed by such scheme;<\/p>\n<p>(c) the payment into such fund of such moneys as may be provided by the Oireachtas for the purposes of such scheme;<\/p>\n<p>(d) the payment out of such fund to or in respect of teachers to whom such scheme applies of pensions and gratuities at such rates in such manner and on such conditions and restrictions (including restrictions on alienation) as may be prescribed by such scheme.<\/p>\n<p>(2) A superannuation scheme may authorise the deduction of such sums as may be prescribed by such scheme from or in respect of salaries or other payments payable to teachers to whom such scheme applies and the payment of the sums so deducted into the pension fund set up under such scheme.<\/p>\n<p>(3) A superannuation scheme may (in addition to or without the deductions mentioned in the foregoing sub-section) authorise the deduction of such sums as may be prescribed by such scheme from any grants payable in respect of schools in which teachers to whom such scheme applies are employed and the payment of the sums so deducted into the pension fund set up under such scheme.<\/p>\n<p>(4) Where a superannuation scheme is expressed to apply to any class of teachers to whom the National School Teachers (Ireland) Act, 1879, applies, such scheme may be in addition to or in substitution for the provisions of the said Act as amended by the Pensions (Increase) Act, 1920 , relating to such class of teachers and may revoke or amend such provisions accordingly.<\/p>\n<h4>Teacher appointed to Civil Service.<\/h4>\n<p>4.\u2014A superannuation scheme may in regard to persons to whom such scheme applies appointed to pensionable posts in the Civil Service of Saorst\u00e1t Eireann, make special provision for the award of pensions to some or all such persons in respect of their service as teachers and may provide for the assessment and payment of any such pension being postponed until the person to whom it is awarded leaves the said Civil Service.<\/p>\n<p>Confirmation of scheme by Oireachtas.<\/p>\n<p>5.\u2014No superannuation scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House.<\/p>\n<p>Revocation and amendment of superannuation scheme.<\/p>\n<p>6.\u2014A superannuation scheme may be revoked or amended by a subsequent superannuation scheme made and confirmed in the like manner as the original scheme.<\/p>\n<p>Expenses.<\/p>\n<p>7.\u2014All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Short title.<\/p>\n<p>8.\u2014This Act may be cited as the Teachers&#8217; Superannuation Act, 1928.<\/p>\n<h2>TEACHERS&#8217; SUPERANNUATION (AMENDMENT) ACT, 1990<\/h2>\n<p>AN ACT TO AMEND THE TEACHERS&#8217; SUPERANNUATION ACT, 1928 . [4th December, 1990]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Definition.<\/p>\n<p>1.\u2014In this Act, \u201cthe Principal Act\u201d means the Teachers&#8217; Superannuation Act, 1928 .<\/p>\n<h4>Amendments to Principal Act.<\/h4>\n<p>2.\u2014(1) Section 2 of the Principal Act is hereby amended\u2014<\/p>\n<p>(a) by the deletion in subsection (1) of \u201c(subject to confirmation thereof under this Act)\u201d; and<\/p>\n<p>(b) by the deletion in subsection (2) of \u201c(subject as aforesaid)\u201d.<\/p>\n<p>(2) The following sections are hereby substituted for sections 5 and 6 of the Principal Act:<\/p>\n<p>\u201cRevocation and amendment of superannuation scheme.<\/p>\n<p>5.\u2014A superannuation scheme may be revoked or amended by a subsequent superannuation scheme made in the like manner as the original scheme.<\/p>\n<p>Annulment of superannuation scheme.<\/p>\n<p>6.\u2014Every superannuation scheme made under this Act (including a subsequent superannuation scheme revoking or amending a previous scheme) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.\u201d.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>3.\u2014(1) This Act may be cited as the Teachers&#8217; Superannuation (Amendment) Act, 1990.<\/p>\n<p>(2) The Principal Act and this Act may be cited together as the Teachers&#8217; Superannuation Acts, 1928 and 1990.<\/p>\n<p>National School Teachers (Ireland) Act, 1879<\/p>\n<h2>NATIONAL SCHOOL TEACHERS (IRELAND) ACT 1879<\/h2>\n<p>CHAPTER LXXIV.<\/p>\n<p>An Act for improving the position of the Teachers of National Schools in Ireland. [15th August 1879.]<\/p>\n<p>[Preamble.]<\/p>\n<p>Preliminary.<\/p>\n<p>Short title.<\/p>\n<p>1. This Act may be cited for all purposes as the National School Teachers (Ireland) Act, 1879, . . .<\/p>\n<h4>Interpretation of terms.<\/h4>\n<p>2. In this Act . . .<\/p>\n<p>The term \u201cthe Commissioners of Education\u201d means the Commissioners of National Education in Ireland:<\/p>\n<p>The term \u201cprescribed\u201d means prescribed by rules to be made by the Treasury with the consent of the Lord Lieutenant:<\/p>\n<p>The term \u201cclassed teachers\u201d means such principal and assistant teachers of model or ordinary national schools as receive salaries from and are classed according to the regulations of the Commissioners of Education.<\/p>\n<h4>Pensions.<\/h4>\n<p>Funds to be provided out of Irish Church surplus. 32 &amp; 33 Vict. c. 42.<\/p>\n<p>3. The Commissioners of Church Temporalities in Ireland shall, out of the property accruing to them under the Irish Church Act, 1869, when and as required by the Commissioners for the Reduction of the National Debt, with the consent of the Lord Lieutenant and the Treasury, provide for the purposes of this Act, either in cash or in securities or rentcharges of an equivalent value, such sums, not exceeding in the whole the sum of one million three hundred thousand pounds sterling, as the Commissioners for the Reduction of the National Debt shall from time to time certify to be required for the purposes of this Act. So long as the said capital sum of one million three hundred thousand pounds, or any part of it, remains outstanding in the hands of the Commissioners of Church Temporalities, they shall on the first day of July and the first day of January in each year pay to the Commissioners for the Reduction of the National Debt interest on the said sum or on the balance thereof remaining unpaid from time to time at the rate of three pounds per cent, per annum. The said sum, with the interest thereof, is in this Act styled \u201cThe Pension Fund.\u201d<\/p>\n<h4>Deductions from salaries of teachers.<\/h4>\n<p>4. The Commissioners of Education shall deduct in the prescribed manner from the salary paid by them to every classed teacher entitled to the benefit of this Act the amount which they are required to deduct in each case in accordance with the provisions of the schedule to this Act. All such deductions shall be paid to the Commissioners for the Reduction of the National Debt in the prescribed manner, and, together with the interest thereon, shall form part of the pension fund.<\/p>\n<h4>Investment of pension funds.<\/h4>\n<p>5. The pension fund shall be invested by the Commissioners for the Reduction of the National Debt in such and the like securities as the said Commissioners are authorised by law to purchase on account of savings banks, and the said Commissioners shall, in respect of all such moneys, have such and the like powers as are now vested by law in the said Commissioners in respect of moneys received by them on account of savings banks; and a separate and distinct account shall be kept by the said Commissioners of all receipts, investments, sales and repayments; and a balance sheet of such account from the first of January to the thirty-first of December in every year shall be laid before both Houses of Parliament not later than the thirty-first of March in the following year.<\/p>\n<p>Award of retiring allowances.<\/p>\n<p>6. It shall be lawful for the Lord Lieutenant, with the consent of the Treasury, to grant to any classed teacher of a national school in Ireland, on his retirement from the service, a pension or gratuity according to the scale, and subject to the provisions contained in the schedule to this Act, chargeable upon the pension fund, and to be paid in the prescribed manner.<\/p>\n<p>If any question arises as to the claim of any person or class of persons for a pension or gratuity under this Act, it shall be referred to the Treasury, whose decision shall be final.<\/p>\n<p>Commissioners of National Debt may advance funds.<\/p>\n<p>24 Vict. c. 14.<\/p>\n<p>26 &amp; 27 Vict. c. 87.<\/p>\n<p>7. The Commissioners for the Reduction of the National Debt may, if they think fit, from time to time, until the payment to them of the whole of the said capital sum of one million three hundred thousand pounds, make advances for the purposes of this Act, and may apply for that purpose any funds for the time being in their hands under the authority of the Post Office Savings Bank Act, 1861, and the Trustee Savings Banks Act, 1863, or either of such Acts. All such advances shall be repaid to the Commissioners for the Reduction of the National Debt out of the pension fund with interest at the rate of three and a half per centum per annum, in the prescribed manner. If at any time the pension fund shall be insufficient for the repayment of such advances, the Treasury, upon being duly informed thereof by the Commissioners for the Reduction of the National Debt, shall issue the amount of such deficiency out of the Consolidated Fund of the United Kingdom, or out of the growing produce thereof, and the Treasury shall certify such deficiency to Parliament.<\/p>\n<p>Borrowing powers of Commissioners of Church Temporalities.<\/p>\n<p>32 &amp; 33 Vict.c. 42.<\/p>\n<p>8. The several provisions of the Irish Church Act, 1869, with respect to the raising of money by the Commissioners of Church Temporalities in Ireland, and the giving of security for the repayment thereof, and of interest thereon, and with respect to advances to be made by the Commissioners for the Reduction of the National Debt to the said Commissioners of Church Temporalities, and with respect to the powers of the Treasury in relation to the money so to be raised, shall be extended and shall apply to the purposes of this Act as fully as such provisions apply to the purposes of the Irish Church Act, 1869.<\/p>\n<p>Retirement of teachers.<\/p>\n<p>9. Every classed teacher of a national school shall, unless permitted by the Commissioners of Education to continue in the service, retire at the age of sixty-five years in the case of males and at the age of sixty years in the case of females.<\/p>\n<h4>Power to Treasury to make rules.<\/h4>\n<p>10. The Treasury, with the consent of the Lord Lieutenant, may from time to time make rules for the administration of this Act. Copies of all such rules shall be laid before both Houses of Parliament within fourteen days from the date thereof, if Parliament is then sitting, and if not, then within fourteen days from the next re-assembling of Parliament.<\/p>\n<p>Schedule to be deemed part of Act.<\/p>\n<p>11. The schedule to this Act shall be construed and have effect as part of this Act. The rules in the schedule to this Act may from time to time be revoked, varied, and added to by the Lord Lieutenant with the consent of the Treasury.<\/p>\n<p>[S. 12 rep. 57 &amp; 58 Vict. c. 56 (S.L.R)]<\/p>\n<p>SCHEDULE. Sects. 4, 6, 11.<\/p>\n<p>Regulations as to Payment of Premiums, &amp;c.<\/p>\n<p>I.\u2014Payment of Premiums.<\/p>\n<p>1. For the purposes of this schedule, the first division of the first class and the second division of the first class shall be regarded as separate classes.<\/p>\n<p>2. There shall be deducted from the quarterly salary payable to every classed teacher appointed after the passing of this Act, one-fourth part of the premium shown in Table A, Column 1, against the age of the teacher at the time of appointment. The premium shall not be due until the quarter is completed.<\/p>\n<p>3. A teacher in the third class at the time of the passing of this Act may secure the same advantages by submitting to a deduction from his or her quarterly salary of the fourth part of the premium shown in Table A, column 1, against the age at which he or she entered the class.<\/p>\n<p>4. A teacher in a class above the third class at the time of the passing of this Act will have the option of submitting to a deduction from his or her salary of the premium for his or her existing class, as shown against the age of entering that class in column 2, 3, or 4, together with the premium or premiums for the lower class or classes shown against the age of entry into such class, and will be entitled to pension accordingly.<\/p>\n<p>5. A teacher in the service at the time of the passing of this Act and declining to submit to such deductions will have only such rights in respect to a retiring gratuity as he would have had on the system in force at the time of the passing of this Act.<\/p>\n<p>6. Teachers entering the service after the passing of this Act, and teachers in the service at the time of the passing of this Act who elect to come in under this scheme, will on promotion be required to submit thereafter to a deduction, in addition to the premium already deducted, of the amount of premium shown in Table A for the class to which promoted, according to the age on promotion.<\/p>\n<p>7. If a teacher is or has been appointed in the first instance to a class above the third, or if on promotion a teacher passes or has passed over a class, he or she shall nevertheless pay in addition to the premium of his or her actual class the premium for each lower class.<\/p>\n<p>8. Teachers in the service at the time of the passing of this Act will not be allowed to take advantage of this Act unless they declare their election to do so within five years after the passing of this Act; any teacher who does not, on or before the thirty-first of March one thousand eight hundred and eighty, declare his election to take advantage of this Act will, if he afterwards elects to do so, be required to pay all premiums which would have been payable by him if he had elected before the said thirty-first of March to take advantage of the Act, together with compound interest on such premiums at the rate of three per cent, per annum.<\/p>\n<p>9. Notwithstanding any provisions to the contrary, every teacher who is at the time of the passing of this Act in a class above the third class, or who, after the passing of this Act, is promoted to or enters a class above the third class, may elect to be treated as a teacher in the third class, or in any class intermediate between the third class and the class in which he is actually serving, and shall thereupon be entitled to the pension, and liable to the premiums fixed by this Schedule for the class the benefits of which he elects to receive.<\/p>\n<p>10. For the purposes of this Act the several classes of teachers above the third class shall be deemed to consist of the following numbers (herein-after called \u201cthe standard numbers\u201d); that is to say,<\/p>\n<p>Males.<\/p>\n<p>Females.<\/p>\n<p>First Class\u2014First Division &#8211;<\/p>\n<p>150<\/p>\n<p>First Class\u2014First Division &#8211;<\/p>\n<p>130<\/p>\n<p>First Class\u2014Second Division<\/p>\n<p>410<\/p>\n<p>First Class\u2014Second Division<\/p>\n<p>350<\/p>\n<p>Second Class &#8211; &#8211; &#8211;<\/p>\n<p>1,850<\/p>\n<p>Second Class &#8211; &#8211; &#8211;<\/p>\n<p>1,550<\/p>\n<p>Should the teachers actually paying premiums in any class above the third class reach at any time the standard number, a teacher thereafter promoted to such higher class shall continue to pay the premiums and be entitled to the pension of the class below until a vacancy occurs in the standard number of the teachers paying the premium of such higher class, when he shall be entitled to claim to pay the increased premium assigned to his then age, and to secure the pension of the higher class. If the total number of male classed teachers paying premiums exceeds five thousand three hundred, or the total number of female classed teachers exceeds five thousand four hundred, the junior teachers in excess of those numbers shall not be entitled to the benefits of this Act until by seniority they come within such numbers, and their so coming within such numbers shall be held for the purposes of this Act to be their appointment to the service, -11. Each teacher shall be required to produce proof of age.<\/p>\n<p>Table A.<\/p>\n<p>Annual Premiums payable by Teachers (until 65 years of age for Males of 60 years of age for Females) to secure a deferred Pension.<\/p>\n<p>Age on Appointment or Promotion.<\/p>\n<p>Males.<\/p>\n<p>Females.<\/p>\n<p>Age on Appointment or Promotion.<\/p>\n<p>Col. 1.<\/p>\n<p>Col. 2.<\/p>\n<p>Col. 3.<\/p>\n<p>Col. 4.<\/p>\n<p>Col. 1.<\/p>\n<p>Col. 2.<\/p>\n<p>Col. 3.<\/p>\n<p>Col. 4.<\/p>\n<p>Pension \u00a335 from 65<\/p>\n<p>Pension \u00a346 fr4m 65.<\/p>\n<p>Pension \u00a360 from 65.<\/p>\n<p>Pension \u00a388 from 65.<\/p>\n<p>Pension \u00a325 from 60.<\/p>\n<p>Pension \u00a334 from 60.<\/p>\n<p>Pension \u00a347 from 60.<\/p>\n<p>Pension \u00a363 from 60.<\/p>\n<p>3rd Class.<\/p>\n<p>2nd Class.<\/p>\n<p>1st. Class 2nd Div<\/p>\n<p>1st Class, 1st. Div.<\/p>\n<p>3rd Class.<\/p>\n<p>2nd Class.<\/p>\n<p>1st Class. 2nd Div.<\/p>\n<p>1st Class, 1st Div.<\/p>\n<p>13. Service after the age of 65 for males or 60 for females, even if specially permitted, shall not confer any right to an increase of pension.<\/p>\n<p>Pensions on Voluntary Retirement.<\/p>\n<p>14. A male teacher aged 55 or upwards, or a female teacher aged 50 or upwards, may retire on the following rates of pension, viz.:<\/p>\n<p>Males.<\/p>\n<p>Age on<\/p>\n<p>First Class,<\/p>\n<p>First Class<\/p>\n<p>Second Class<\/p>\n<p>Third Class.<\/p>\n<p>Retirement.<\/p>\n<p>First Division.<\/p>\n<p>Second Division.<\/p>\n<p>12<\/p>\n<p>Payment of Pensions.<\/p>\n<p>15. Pensions will be paid quarterly in arrear, on proof being furnished of existence and identity.<\/p>\n<p>Gratuities in Case of Disability.<\/p>\n<p>16. If the Commissioners of Education certify to the Lord Lieutenant that they are satisfied that a male teacher under the age of fifty-five or a female teacher under the age of fifty, who, in case he or she continued in the service until the age for compulsory retirement would be entitled to a retiring allowance under this Act, has become incapable from permanent infirmity of mind or body to discharge the duties of his or her situation, the Lord Lieutenant, with the consent of the Treasury, may grant to such teacher a gratuity, or, if the teacher prefers it, a pension on retirement according to the following scale, and having regard to the highest class for which such teacher shall have paid the premium.<\/p>\n<p>A<\/p>\n<p>III.\u2014Repayment of Premiums.<\/p>\n<p>17. If a teacher is dismissed or quits the service otherwise than by death or retirement on a pension, or retirement on receipt of a gratuity in lieu of pension, he shall forfeit all claim to pension or gratuity, but the amount deducted from salary from time to time for premiums shall be returned to him, either at the time of withdrawal from the service, or at any time thereafter, on proof of identity.<\/p>\n<p>18. In the event of a teacher, who is dismissed or quits the service, re-entering for further service, he or she shall again pay any sum which may have been repaid, and also any premiums for the quarter years during which he or she may have been out of the service. These sums while unpaid shall bear compound interest at the rate of three per cent, per annum. They may be paid at once on re-entering the service, or the payments may be spread by deductions from salary over one or two years, as the Commissioners shall determine.<\/p>\n<p>19. A teacher degraded from a higher class shall receive back any premiums paid as a consequence of service in such higher class, and shall only have a claim to the pension of the class for which he shall afterwards pay the premiums.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2438\" data-postid=\"2438\" class=\"themify_builder_content themify_builder_content-2438 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Nature of Office General employment laws apply to teachers.\u00a0 However, the structure of education in Ireland has led to a unique triangular relationship between the Department of Education, schools\/Board of Management and the teachers. Teachers employed in national schools are employed by the manager on behalf of the school patron.\u00a0 The Boards are bodies corporate [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[83],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2438"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2438"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2438\/revisions"}],"predecessor-version":[{"id":35159,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2438\/revisions\/35159"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2438"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}