2.13 Surplus Staffing Provisions

2.13.1

    1. Where, by reason of a reorganisation of, or a change in, the attendance at a school; or by reason of the closure, amalgamation or change of class of a school an employer is required to reduce the number of teaching positions or to alter the status of positions to which units are allocated, the position(s) to be disestablished or altered in status shall be determined in accordance with the provisions set out in this part and in Appendix 5. These provisions apply only to an employee appointed as a permanent area school teacher.
    2. Where, by reason of a merger of a school (including where applicable, a centre) an employer is required to reconfirm or reassign teaching positions, or to alter the status of positions to which units are allocated, or to reduce the number of teaching positions, the position(s) to be reconfirmed, reassigned, altered in status or disestablished shall be determined in accordance with the provisions set out in this part and in Appendix 4. These provisions apply only to permanently appointed employees.

2.13.2 Notice Period

Positions identified as surplus in the procedures set out in Appendix 4 and Appendix 5 will be effectively disestablished at the start of the next school year. In the period between notice of disestablishment being given and the effective date of disestablishment, the following provisions shall apply:

    1. Subject to clause 5.5 of Appendix 5, where an employee’s position is to be disestablished and where, before the effective disestablishment of that position takes effect, the roll increases sufficiently to justify its continuation at its current level, the notice of disestablishment will be withdrawn and the employee concerned shall continue in the position at the level which existed prior to the notice of disestablishment being issued unless that employee has, in the meantime, resigned or been appointed to another permanent position;
    2. Where, as a consequence of the closure of a school a replacement school is created, positions at the replacement school shall be advertised nationally in the Education Gazette and notice of intention to advertise shall be given to the board of trustees of the closing school. Teachers at the closing school may apply for the advertised positions. Selection shall be on merit with no automatic right to appointment. The entitlement to the options set out in clauses 2.13.3 and 2.13.4 applies where the employee does not secure a position in the replacement school;
    3. Where, in the case of the merger or change of class of a school as a consequence of the operation of clause 2.13.1, an employee applies for a permanent teaching position of equal or lower status for which s/he is suitable at the merged or reclassified school, then the provisions of clauses 4.5, 4.6, 4.7 and 4.8 of Appendix 4 shall apply. The entitlement to the options set out in clause 2.13.3 and clause 2.13.4 applies where the employee does not secure a position in the new school;
    4. Prior to the effective date of disestablishment of a position, the employer will support the employee’s finding a suitable alternative permanent teaching position either within or outside the school and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given;
    5. Where an employee holds a position which is about to be disestablished and, before the effective date of disestablishment, the employee declines an offer of suitable permanent appointment at the same salary from the employer or applies for and declines an offer of appointment to a teaching position for which the employee is suitable from another board of trustees, the employee’s employment may be terminated from the effective date of disestablishment and no further compensation paid;
    6. Where an employee is appointed, under the provisions of this part, to a suitable permanent teaching position with another board of trustees and a transfer of location is involved, the employee shall be entitled to normal removal expense provisions provided that this entitlement shall be exercised for one transfer only.

2.13.3 Voluntary Options

Any employee (including an employee holding a job sharing position) whose position as a permanently appointed area school teacher is disestablished in accordance with Appendix 4 or Appendix 5 as a result of voluntary election or otherwise, has the following options available where applicable as provided for in Appendix 4 and Appendix 5 and clause 2.13.4 of this part. The options will become available at the date of disestablishment. The employee must advise the employer before the date of disestablishment which option s/he has selected. If no selection is made by this date the employee will be deemed to have supernumerary status. The options are:

    1. Supernumerary employment;
    2. Retraining;
    3. Severance payment (this option does not apply where the employee volunteers to be considered for disestablishment as set out in Appendix 5); and
    4. Long service payment.

2.13.4 The options set out in clause 2.13.3 shall have the meaning set out in this clause and apply in the following manner. The term ‘school weeks’ used in clause 2.13.4(1) and clause 2.13.4(2) below means those weeks forming part of the period during which in the normal course of events the school would be open for instruction.

(1) Supernumerary employment

Supernumerary employment is employment for a period of up to thirty (30) school weeks. An employee whose position is disestablished as a result of voluntary election or otherwise who has either elected to be employed as a supernumerary teacher, or who has not taken up any of the other options set out in clause 2.13.3 before the date of disestablishment, shall be entitled to supernumerary employment in accordance with the following provisions:

    1.  
        1. the employee will continue to be employed at his/her existing salary for a period of thirty (30) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);
        2. in the case of school mergers the employee may elect to be employed at her/his existing salary for a period of forty (40) school weeks at the merged school or in any other school – provided that the board of trustees of that school gives consent – from the effective date of the disestablishment of the position and the provisions of clause 4.4.1(a) and clause 4.4.1(b) of Appendix 4 apply;
        3. in the case of school closure the employee may be supernumerary for forty (40) school weeks in any other school provided that the board of trustees of that school gives consent;
    2. the employee may elect to take up her/his supernumerary employment at the same school or at any other school at the request of the employee and with the approval of the original employer and the board of trustees at the other school;
    3. the employer will encourage the employee to find a suitable alternative permanent teaching position and will meet the actual and reasonable expenses of attending interviews at other schools where prior approval is given;
    4. if during the supernumerary period the employee applies for a permanent position of equal or lower status for which s/he is suitable at the school or centre where s/he is employed at the time, s/he shall be appointed to, or in the case of a merger reconfirmed or reassigned to that position;
    5. the employee’s supernumerary employment shall cease upon the employee being appointed to a new teaching position or upon the employee choosing to resign or at the expiration of the applicable number of school weeks specified in clause 2.13.4(1)(a) from the effective date of the disestablishment of the position, whichever is the earlier;
    6. in the case of the closure, amalgamation or change of class of a school, the supernumerary period shall begin on the date of the opening of the new school, unless the employee takes up her/his supernumerary position at another school in terms of (b) above, in which case supernumerary status will begin from the effective date of disestablishment. Where a school is closed without replacement the employee is entitled to the options set out in clause 2.13.3;
    7. where a supernumerary teacher is appointed to a new permanent teaching position or is accepted for supernumerary employment at another school, and a transfer of location is involved, that employee shall be entitled to normal removal expenses provisions provided that this entitlement shall be exercised once only for each supernumerary period;
      Note: Attention is drawn to clause 7.2.1(g) of this agreement in relation to removal expenses
    8. where a supernumerary teacher declines an offer of suitable appointment at the same salary from the employer with whom s/he is employed at the time, or applies for and declines an offer of appointment from another board of trustees, the employee’s supernumerary status shall cease forthwith;
    9. during any period of supernumerary employment an employee is entitled to any salary increases or increments due.

(2) Retraining

Where an employee’s position is disestablished as the result of voluntary election or otherwise the employee may elect to take a course of study approved by the Secretary for Education that will enhance or upgrade the employee’s skills as a primary, area or secondary teacher, provided that:

    1. the employee will continue to be employed at her/his existing salary for a maximum period of forty (40) school weeks from the effective date of the disestablishment of the position (normally at the beginning of term one of the following year);
    2. the employee is employed as a supernumerary teacher during this period and has the rights and obligations of a supernumerary teacher except as specifically provided in this clause;
    3. there is no requirement on the employer to meet any costs and expenses of training, including course fees;
    4. the employee will provide evidence of attendance at the approved course of study where requested by the employer. The employer may make enquiries during the retraining period to establish that the employee is undertaking the approved course of study;
    5. where the approved course of study is for a shorter period than forty (40) school weeks the employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction provided that where the approved course of study is less than the applicable period under clause 2.13.4(1)(a) supernumerary status from the effective date of disestablishment of the position shall not extend beyond that period.
    6. where the approved course of study commences later than the effective date of disestablishment, the employee is required to attend the school as a supernumerary employee in periods when the school is open for instruction, except in special circumstances approved by the employer;
    7. where the employee chooses to withdraw from the course before its completion, further employment shall cease, except where the employer and the Secretary for Education agree that there was just cause for the withdrawal, the employee shall return to the school as a supernumerary for the remainder of the retraining period.

(3) Severance Payment

When an employee’s position is disestablished as a result of the application of the provisions in Appendix 4 or in clause 5.3 of Appendix 5, the employee may elect to be paid a severance payment provided that:

    1. the employee will be deemed to have supernumerary status for the period after disestablishment until severance payment is paid. This period will usually be that between the beginning of the next school year and the first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply;
    2. where a school is closed without replacement at the end of a school year the employee shall receive a salary for the supernumerary status up to 1 March. The severance payment shall be paid in the pay period immediately after 1 March. An employee may request to be paid the severance payment prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of payment of the severance payment.
    3. payment under this clause will be made in accordance with the provisions below. For the purpose of these provisions, ordinary pay is defined as basic taxable salary, plus regular taxable allowances paid on a continuous basis as at the effective date of disestablishment of the position. For employees on leave without pay, ordinary pay shall be the ordinary pay at the time of taking leave;
    4. an employee whose position is disestablished who elects to take a severance payment shall be paid according to the table below:
      Length of ServiceWeeks of Payment (ordinary pay)
      Up to 3 years 7 weeks
      Over 3 years and up to 5 years 15 weeks
      5 years and over 23 weeks
    5. for the purposes of calculating length of service for clause 2.13.4(3) and clause 2.13.4(4) only service as a teacher in a state or integrated school shall be counted. Non-permanent part-time service shall be calculated on the basis that 80 hours equals one month’s service and 1000 hours equals one year’s service. Where non-permanent part time service consists of 20 or more hours per week it may be credited as full time service. For the purposes of this clause service includes service credits for childcare where an employee resigned or took leave to care for her/his children, on the basis of one third credit for each year of such leave up to a maximum of five years credit;
    6. where an employee, having received a severance payment, commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the employee as a severance payment under clause 2.13.4(3)(c) above, the employee shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which severance payment was received.
      Provided: that for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a manual training teacher in an approved manual training establishment;
    7. any employee receiving the severance payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements;
    8. pay for employees shall be defined as:
        1. for full time employees, “Weekly” pay shall be 7/365 of ordinary pay;
        2. for part time employees, “Weekly” pay shall mean the employee’s average weekly earnings for the previous six/twelve months (whichever is more favourable to the employee);
    9. payment under this provision is conditional upon the employee finishing on an agreed date (usually the first of March). Where the employee resigns her/his position or is appointed to another teaching position before the date of payment, no payment will be made.

(4) Long Service Payment

    1. Where an employee’s position is disestablished either as the result of voluntary election or otherwise, the employee may elect to receive a long service payment. The intention of this payment is to assist the employee to withdraw from the teaching service. This option will be available on the following basis:
        1. the employee will be deemed to have supernumerary status for the period from the effective date of disestablishment until long service payment is paid. This period will usually be that between the beginning of the next school year and first (1st) of March census of the school roll. During this period, the rights and obligations of a supernumerary teacher will apply;
        2. those with twenty-five (25) years service and less than thirty (30) years service shall be paid a lump sum of twenty-five (25) weeks ordinary pay;
        3. those with thirty (30) years service or more shall be paid a lump sum of thirty (30) weeks ordinary pay;
    2. Where a school is closed without replacement at the end of a school year the employee shall receive salary for the supernumerary status up to 1 March. The long service payment shall be paid in the pay period immediately after 1 March. An employee may request to be paid long service prior to 1 March (although no earlier than the end of the school year) and in these circumstances the payment for the supernumerary period shall be for the period between the end of the school year and the date of the payment of the long service payment.
    3. For the purposes of the long service payment, the definitions of service and of weekly ordinary pay are the same as those for severance set out above;
    4. Where an employee having received a long service payment commences permanent employment within a number of weeks which is less than the number of weeks of payment received by the employee as a long service payment under clause 2.13.4(a) above, the employee shall refund the difference between the number of weeks for which they were without employment and the number of weeks for which long service payment was received provided that for the purposes of this clause, employment means employment as a teacher in a state or integrated school or employment as a manual training teacher in an approved manual training establishment;
    5. any employee receiving the long service payment will be deemed to have been paid in full for service to that date for the purpose of calculating service for any future sick leave, severance or long service payment entitlements;
    6. payment under this provision is conditional upon the employee finishing on an agreed date [usually the first (1st) of March].

2.13.5 Preference in Appointment

    1. Where a position which has permanent units attached has been reduced in status because of the operation of clause 2.13.1 and the actual roll is sufficient to justify its continuation or resumption at the former level before the actual reduction in status takes effect, the employee concerned shall continue to be employed in the position at its former status unless s/he has resigned or been appointed to another permanent position. This subclause is not applicable to the holder of fixed term unit(s).
    2. Any employee who holds a position which has permanent units attached, and that position is or is about to be altered in status as a consequence of the operation of clause 2.13.1, who applies for the position as advertised at its new status shall be appointed to that position unless in the meantime the employee has been appointed to another permanent position, provided that where the position has been reduced in status the employee concerned shall continue to be paid at the salary s/he was receiving immediately prior to the reduction, for a period of one year from the effective date of the reduction provided that s/he continues to hold that position. This sub-clause is not applicable to holders of fixed-term unit(s).
    3. During the period of salary protection an employee is entitled to any salary increases or increments due.

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