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Advice on Employment Law

  • 30-05-2006 7:55am
    #1
    tomED
    Registered Users, Registered Users 2 Posts: 1,452 ✭✭✭


    Hi Everyone,

    A friend of mine is an SNA (Special Needs Assistant) and works for the Department of Education.

    The situation is like this.

    She was emplyed to work in a school and was assigned to a child in her contract. Basically, the contract said something like, when the child finishes school, so does your contract.....

    Anyway, after 5 years working with the school she has worked with 2 kids and her latest child is now finishing this year, which in theory should mean her job is gone. However, she signed a contract last year to say she is working for the school and not just assigned to the child. However, not all of the SNA's (Some who have just joined this year) have signed this contract and are stuck to the old contract where they are assigned to a child.

    She has now been told she will not have a job come September.

    Personally I think there are a few illegal things going on here, but I'd like to hear from someone that knows more about the situation.

    Surely after 5 years of service it is classed as being on a permanent contract regardless of what she signed?? (http://www.entemp.ie/publications/employment/2003/protectionofemployees_booklet.pdf)

    Also - how can they say there is no work for her just because the child no longer works in the school? Why then are they taking on new staff to deal with new kids that come into the school as opposed to using existing staff?

    Any thoughts or information on where to find out mroe, greatly appreciated!

    Thanks
    Tom


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