Justice

franktennis · 01-04-2013 9:24pm #1

Won one of claims against a school !! Very happy. Still one to go. The rights commissioner saw sense.

franktennis · 01-04-2013 9:34pm

Information on employment and training opportunities.

10.—(1) An employer shall inform a fixed-term employee in relation to vacancies which become available to ensure that he or she shall have the same opportunity to secure a permanent position as other employees.

(2) The information referred to in subsection (1) may be provided by means of a general announcement at a suitable place in the undertaking or establishment.

I won (2) as the school never told me about a permanent job in the school. Obviously if i was informed i would have applied for it. They sent a text message to me saying that permanent jobs existed in none of my subject areas but omitted the permanent job in my area. Why did they do this? I had 3 years done in school of my own hours so by hiding the job they knew I couldn't apply for it. Why? if given a 4th year then by law they would have to give me a CID. Never trust a principal.

Fizzical · 01-04-2013 11:47pm

Wouldn't agree with your last statement but congrats and thanks on what you've won on your own behalf and on behalf of the rest of us.

Powerhouse · 02-04-2013 10:34am

franktennis wrote: »

I won (2) as the school never told me about a permanent job in the school. Obviously if i was informed i would have applied for it. They sent a text message to me saying that permanent jobs existed in none of my subject areas but omitted the permanent job in my area. Why did they do this? I had 3 years done in school of my own hours so by hiding the job they knew I couldn't apply for it. Why? if given a 4th year then by law they would have to give me a CID. Never trust a principal.

This seems a strange and unecessary thing for a school to do. Telling someone about a Permanent job so that they can apply is hardly tantamount to giving them the job. They could easily have had you apply and given the job to someone else. Not sure what advantage any school would have in keeping such information under wraps. Also, as I understand a CID it's only in a fifth year that the legal requirement kicks in but I am open to correction on that - that is to say that being given a fourth year entitles a employee to squat per se. It is simply means to an end as I understand it. In other words being in a place for a fourth year does not get someone over the line I believe, though I imagine in practice it makes it likely that they will ultimately achieve it.

franktennis · 02-04-2013 3:08pm

Powerhouse wrote: »

This seems a strange and unecessary thing for a school to do. Telling someone about a Permanent job so that they can apply is hardly tantamount to giving them the job. They could easily have had you apply and given the job to someone else. Not sure what advantage any school would have in keeping such information under wraps. Also, as I understand a CID it's only in a fifth year that the legal requirement kicks in but I am open to correction on that - that is to say that being given a fourth year entitles a employee to squat per se. It is simply means to an end as I understand it. In other words being in a place for a fourth year does not get someone over the line I believe, though I imagine in practice it makes it likely that they will ultimately achieve it.

Yes I agree with the last line but I would add that if offered a 4th year this is arguably as important as the 5th as hours are based on 4th year. I was clearly in my way to a CID and by law only one further fixed term contract could be offered to me. Basically 54 Maths hours existed in the school so the rights commissioner said that a permanent maths job existed if not two. A permanent maths job clearly existed if the willingness to create one existed. Instead none was created so when my contract expired I had no comeback. I was told that no maths hours existed in the school when I was told about the non renewal of my contract. This was a lie. I was stopped from going any further in the school for whatever reason. I'm glad I took the case on though. Great to be vindicated in the end and I still have one claim to go.

rainbowtrout · 02-04-2013 7:24pm

So did you get your job back???

@Powerhouse : I would agree, most teachers kept for four years get their CID at the start of the fifth year. However, for the first time last year I saw a teacher let go at the end of their fourth year. It was horrible and it wasn't seen coming.

sitstill · 02-04-2013 7:54pm

rainbowtrout wrote: »

So did you get your job back???

@Powerhouse : I would agree, most teachers kept for four years get their CID at the start of the fifth year. However, for the first time last year I saw a teacher let go at the end of their fourth year. It was horrible and it wasn't seen coming.

I also know of this happening to someone.

joebloggs32 · 02-04-2013 8:15pm

This type of stuff is happening more and more as it suits school management to keep a higher percentage of non permanent staff on the books who they can then easily manipulate to fill in the gaps that are occurring as post holders retire

franktennis · 02-04-2013 10:10pm

joebloggs32 wrote: »

This type of stuff is happening more and more as it suits school management to keep a higher percentage of non permanent staff on the books who they can then easily manipulate to fill in the gaps that are occurring as post holders retire

Not yet but got substantial compensation. My last claim is about penalisation and I am awaiting the outcome of that ,

Justice

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