I have had a number of fixed-term contracts – am I entitled to a CID
That depends. To qualify for a CID you must meet all of the following criteria:
1. Be currently registered with the Teaching Council.
2. Be appropriately qualified for the sector in which you are teaching.
3. Have had in excess of two years' continuous teaching service under two or more successive contracts with the same employer (school or education and training board (ETB)) that were Department/ETB paid.
4. Be employed in a post for which there is an ongoing need.
However, you will not be eligible for a CID if you are covering for a teacher who is absent on an approved leave scheme other than career break or redeployment. See circular letter 0024/2015 for the terms and conditions governing the granting of a CID.
I am about to complete my second year-long fixed-term contract with the same employer. I have been covering for a teacher who was initially on maternity leave and who is now on career break. I have now completed two full years at the school. My understanding is that the teacher will not be continuing on career break for the next school year. What is my status?
You must first ascertain whether there are hours available for you in the school in September. Hours might not be available if the teacher does in fact return – although she should have requested continuation of her career break in February so this should be clearly established. Hours might not be available either in a scenario where the school is in surplus, but the availability of hours in this situation will depend on the curricular needs of the school – your subjects and other related factors. If, as seems likely, there are hours available because of the non-return of the teacher on career break, then you should be entitled to a contract of indefinite duration (CID) on the hours that you hold in the current school year. This is because the report of the Expert Group on Fixed-Term and Part-Time Employment in Primary and Second-Level Education in Ireland (the Ward report), which was negotiated by the ASTI as part of the Haddington Road Agreement, recommended that teachers replacing absentees on career break should no longer be barred from receiving CIDs on the basis of such employment. However, since you have been covering for a teacher on career break, you may be liable to be redeployed to another school when the absent teacher returns or if the curricular needs of the school so dictate. If the teacher on career break does return in September and the school offers you some other hours, you should still be entitled to a CID.
Will I have to re-interview for my job, now that it is a CID?
No. Under the recommendations of the Ward Report, teachers who have completed a first fixed-term contract will have to re-apply for their position. Teachers who have completed two or more years will not have to do an interview.
If the school offers me a fixed-term contract rather than a CID, what should I do?
If you believe that you are entitled to a CID and the school offers you another fixed-term contract, you should ask your principal for a CID. If this request is refused, you should ask for this refusal in writing. You may appeal this decision to the Independent Adjudicator. However, this appeal must be lodged within four weeks of refusal of the CID, so it is very important that you waste no time in lodging your appeal. If you believe that you are entitled to a CID, or if you are in any doubt as to whether or not you have such an entitlement, contact ASTI Head Office immediately. Appeal forms are available from www.asti.ie.
I believe I am entitled to a CID but my principal has said that I am not entitled to one. What should I do?
Contact ASTI Head Office immediately and ask to speak to your industrial relations official. There is an appeal process but appeals must be lodged within four weeks of the refusal of a CID.
I have been granted a CID based on the hours I had last year, meaning my CID is for just 12 hours a week. Can these hours be increased in the future if more work becomes available?
Yes. The number of hours included in a CID equates to the number of hours you held under your fixed-term contract in the year prior to the granting of the CID. While you hold a CID, you can teach additional hours in the school, if they are available. However, these additional hours are not automatically included in your CID, meaning that they are not permanent hours. Where you work additional hours in the school and where those hours continue to be viable, those hours are eligible for inclusion in your CID after one year.