Complaints
Procedure
1st September
2000
Procedures for Voluntary
Secondary Schools
With Board of Management
|
ASTI CUMANN NA MEÁNMHÚINTEOIRÍ ÉIRE Association of Secondary Teachers,
Ireland Winetavern Street, Dublin 8 |
|
|
|
JOINT MANAGERIAL BODY EMMET HOUSE, MILLTOWN DUBLIN 14 |
Procedures are necessary to ensure fair
treatment for all in the school and acceptable procedures should be known,
agreed, and observed in the interest of good industrial relations and harmony
in the school environment. Periodic review of all procedures should take place
to ensure practices are good and adhere to any developments in employment
legislation or other legislation or case law.
(a)
To provide a fair, consistent and
equitable mechanism for processing complaints by parents/guardians or students (who
have reached the age of 18 years) against teachers.
(b) To do so in a manner that affords all
concerned full rights in accordance with natural justice.
(c) To outline the procedures which should be
followed by all – employer, employees and their representatives - in the event
of complaints being made against teachers.
(a) When complaints are deemed by the
Principal/Manager/Board of Management to be:-
(i) on matters of professional competence which
cannot be dealt with at school level and which are to be referred to the
Department of Education and Science for investigation;
(ii) frivolous, vexatious or anonymous
complaints and complaints which do not impinge on the work of a teacher in a
school;
(iii)complaints
in which either party has had recourse to law or to another standard procedure;
they shall be excluded from the scope of this procedure.
(b) Verbal
complaints may be processed informally through Stage 1 of the procedure. Where
the complaint is made in writing initially, the complaint should be processed
through Stage 1 but a copy of the complaint should be given to the teacher at
Stage 1. Only those complaints which are written and signed by the complainants
may be investigated through stage two and stage three of the procedure.
Stage 1
1.1 A parent/guardian/student who wishes to make
a complaint should, unless there are local arrangements to the contrary, make
an appointment and discuss the matter with the teacher with a view to resolving
the complaint.
1.2 Where the parent/guardian/student is unable
to resolve the complaint with the teacher, she/he should approach the Principal
with a view to resolving it.
1.3 The resolution and outcome of Stages 1.1 and
1.2 should be communicated verbally to both parties.
1.4 If after Stage 1.2 the complaint is still
unresolved, the parent/guardian/student should be advised that they may raise
the matter formally with the Board of Management as set out at Stage 2 with a
view to resolving it.
1.5 In the case of a complaint against a
Principal, the parent/guardian/student should discuss the complaint with the
Principal in the first instance. If the parent/guardian/student is unable to
resolve the complaint with the Principal, the complaint may be processed as
provided for at Stages 2 and 3 of this procedure.
Stage 2
2.1 If the issue is not resolved at Stage 1 then
the parent/guardian/student should lodge the complaint in writing with the
Board of Management.
2.2 The Board should acknowledge receipt of the complaint,
note it formally and appoint two authorised representatives, one of whom may be
the Principal, to deal with the matter.
2.3 The authorised representatives should,
subject to the general authorisation of the board:-
(a)
supply the teacher with a copy of the written complaint, and
(b)
arrange a meeting with the teacher and, where applicable, the Principal and the
complainant, with a view to resolving the complaint. Such a meeting should take
place within 10 school days of receipt of the written complaint as specified at
2.1
2.4 The teacher may be accompanied by a
colleague or the ASTI School Steward at this stage of the procedure.
2.5 The authorised representatives should convey
the outcome of these discussions / investigation, in writing, to the teacher,
complainant and the Board of Management and indicate whether or not the matter
has been resolved to the satisfaction of all parties.
2.6 If the complaint has not been resolved at
this stage and the complainant wishes to proceed to Stage 3 s/he shall indicate
this in writing to the Board of Management within 10 school days of receipt of
the letter referred to in 2.5.
Stage 3
3.1 If the Board of Management considers the
complaint is not substantiated, the teacher and the complainant should be so
informed within three days of the Board meeting.
3.2 If the Board of Management considers that
the complaint warrants further investigation, it should proceed as follows:
(a) the teacher should be informed that
the investigation is proceeding to the next stage;
(b)
the teacher should be supplied with a copy of any written evidence relevant to
the complaint;
(c)
the teacher should be requested to supply a written statement to the Board of
Management in response to the complaint;
(d)
the teacher should be afforded an opportunity to make a formal presentation of
their case to the Board of Management. The teacher would be entitled to be
accompanied and assisted by a colleague or union representative at any such
meeting, and
(e)
the Board of Management may arrange a meeting with the complainant. The complainant would be entitled to be
accompanied and assisted by a friend at any such meeting, and
(f)
the meeting/hearing of the Board of Management referred to in 3.2(d) and 3.2(e)
will take place within 15 days of the meeting referred to in 2.3(b).
3.3 When the Board of Management has completed
its investigation, the decision of the Board of Management should be conveyed
in writing to the teacher and the complainant within five school days of the
decision being taken.
3.4 The decision of the Board of Management
shall be final, except in respect of matters governed by appeals procedures in
the Education Act 1998.
3.5 In the case of a complaint which is upheld the
matter may be dealt with by the Board under the provisions of Stage 3 of the
agreed Disciplinary Procedures. In such circumstances, members of the Board who
have acted as authorised representatives in the investigation of the complaint
should not participate in the decisions of the Board relating to the
application of disciplinary action.
Notes
(i) In this procedure a school day means a
day on which the school is in operation.
(ii) At all stages of the Complaints
Procedure a written record should be kept of
(a) the investigation undertaken;
(b) communications to
BOM/Parent/Guardian/Student and Teacher, and
(c) the steps and /or decision taken.
Copies of this written record may be made
available for inspection to the parties to the complaint and to the teacher(s)
concerned.
(iii) The Complaints Procedure shall be
reviewed by the parties every three years or at the request of any one of the
parties.
1st September 2000
Procedures for Voluntary
Secondary Schools
With Board of Management
Disciplinary
Procedure
(a)
Code of Practice on Disciplinary Procedures was issued by the
Minister for Enterprise and Employment in May 1996 under the terms of the
Industrial Relations Act, 1990.
(b) The Code of Practice states:
Procedures are necessary to ensure both that discipline is
maintained in the workplace and that disciplinary measures can be applied in a
fair and consistent manner. Apart from
considerations of equity and natural justice, the maintenance of a good
industrial relations atmosphere at workplace level requires that acceptable procedures
be in place and be observed'.
"Such procedures serve a dual purpose in that they
provide a framework which enables management to maintain satisfactory standards
and employees to have access to procedures whereby alleged failures to comply
with these standards may be fairly and sensitively addressed". "The
essential elements of any procedure for dealing with disciplinary issues are
that they be rational and fair, that the basis for disciplinary action is
clear, that the range of penalties that can be imposed is well-defined and that
an internal appeal mechanism is available".
(c) The Code of Practice also states that:
"The Procedures
applied must comply with the general principles of natural justice and fair
procedures which include:
(i) that details of the allegations or complaints
be put to the employee concerned;
(ii) that
the employee concerned
be given the
opportunity to respond
fully to any
such allegations or complaints;
(iii) that the employee concerned is given the
opportunity to avail of representation;
(iv) that the employee concerned has the right to a fair and
impartial determination of the issues being investigated, taking into account
the allegations or complaints themselves, the response of the employee
concerned to them, any representations made by or on behalf of the employee
concerned and any other relevant or appropriate evidence, factors or
circumstances".
(d) The following procedure, based on the
principles set out above, has been agreed between the ASTI and the JMB for the
processing of disciplinary matters relating to the employment of a teacher or
teachers in a Voluntary Secondary School.
(a)
This procedure should be used to investigate serious charges
against a teacher of neglect of professional duties, or other serious charges
relating to the school work of the teacher made by school management.
(b)
The procedure should be used to determine the appropriate
disciplinary action in circumstances where an investigation by another agency
or another procedure indicated that such action might be warranted.
(c) The following matters are specifically
excluded from the scope of this procedure:
(i)
matters of professional competence which cannot be dealt
with at school level and which are referred to the Department of Education and Science
for investigation, except as provided in (c) below
(ii) frivolous, vexatious, or anonymous
complaints and complaints which do not impinge on the work of the teacher in
the school;
(iii) complaints in which either party has
recourse to law or to another more appropriate standard procedure.
Stage 1
1.1
The Principal shall discuss the charge with the teacher with
a view to resolving it.
1.2 If no resolution follows, the Principal
shall put the charge in writing to the teacher, stating the nature of the
charge and advising the teacher in question that, if the situation is not
satisfactory within a reasonable period, which must be specified, the Principal
will invoke Stage 2.
2.1 If the issue is not resolved at Stage
1, then the Principal should lodge the charge in writing with the Board of
Management.
2.2 The Board shall acknowledge receipt of
the charge and note the charge and appoint an investigating committee, which
does not contain members of the Board, to deal with the matter.
2.3 The investigating committee should,
subject to the general authorisation of the Board;
(a) provide the teacher with a copy of the
written charge;
(b) seek a report from the Principal;
(c) arrange a meeting with the teacher with a view to resolving the charge.
Such a meeting should take place within 10 school days of receipt of
the written charge as specified at 2.1.
If the investigating committee deems it appropriate, the
Principal may be invited to attend such a meeting. The teacher may be accompanied
by a colleague or union representative at this stage of the procedure.
2.4 The
investigating committee shall consider the views conveyed to them and any other
evidence adduced in support of the views and shall prepare a written statement
of findings on the outcome of the investigation.
2.5 The investigating committee should
convey the outcome of the investigation in writing to the teacher and to the
Board of Management and indicate whether or not the matter has been resolved to
the satisfaction of.all parties.
2.6 If the matter has not been resolved at
this stage and the Principal or the aggrieved party wishes to proceed to Stage
3, she/he shall indicate this in writing to the Board of Management within 10 school days of receipt of
the letter setting out the outcome of the investigation referred to in 2.5.
3.1 If the Board of Management considers
the charge is not substantiated, the teacher should be so informed within 3 school days of the Board
meeting. The Principal should also be notified.
3.2 If the Board of Management considers
that the charge warrants further investigation, it should proceed as follows:
(a) the teacher should be informed that the
investigation is proceeding to Stage 3 which involves a formal hearing of the
Board and may lead to disciplinary action up to and including dismissal;
(b) the teacher should be supplied with a copy
of any written evidence relevant to the charge;
(c) the teacher should be requested to supply a
written statement to the Board of Management in response to the charge;
(d) the teacher should be afforded an
opportunity to make a formal presentation of the case to the Board of
Management. The teacher would be
entitled to be accompanied and/or represented by a colleague or union
representative at any such meeting;
(e) the Board of Management may also arrange a
meeting with any other party involved if it considers such to be warranted;
(f) the Principal may only attend at a Board
of Management Meeting in order to give evidence and should not be present at
the meeting during the Board's deliberation on its decision.
(g) the meeting/hearing of the Board of Management
referred to in 3.2 (d) and 3.2(e) will take place within 20 school days
of the meeting referred to in 2.3(c).
3.3 When the Board of Management has
completed its investigation, the decision of the Board of Management should be
conveyed in writing to the teacher within 5 school days of the decision
being taken.
3.4 The Board may decide that the charge is
unjustified or is unproven or is substantiated and accordingly take no action
or take disciplinary action as set out in section 3.5.
3.5 Disciplinary Action:
If the charge is upheld, the Board of
Management may implement disciplinary action.
Disciplinary action may
include:
(a) an oral warning
(b) a written warning
(c) a final written warning
(d) suspension with pay
(e) suspension without pay
(f) demotion
(g) other disciplinary action short of dismissal
(h) dismissal
3.6 Implementation of Disciplinary Action
The steps in the implementation
of disciplinary action should be progressive. For example, an oral warning
should be followed by a written warning, and then a final written warning
before further sanction. However, there may be instances where more serious
action, including dismissal, is warranted at an earlier stage. A teacher may be
suspended on full pay pending the outcome of an investigation into an alleged
serious breach of discipline. Written warnings may be placed on a teacher’s
record within the school. They should be removed after a specified period of
time and the teacher advised accordingly.
3.7 Decision of the Board
The decision of the Board of
Management shall be final and binding. This is without prejudice to the right
of a teacher to have recourse to the law to protect his/her employment or to
appeal to the Patron (Trustees) under contractual arrangements.
Notes
(i) The Disciplinary Procedure shall be reviewed after three
years, or more often, at the request of either party.
(ii) At all stages of the Procedure, a written record shall be
kept of:
(a) the investigation undertaken
(b) communications between the Principal,
Board of Management and the Teacher,
and
(c) the steps and/or decisions taken.
The record shall be retained on a
confidential basis on behalf of the Board of Management for one year after the
conclusion of the investigation.
Copies of the written record shall be made
available to the teacher or the teachers’ representative, on request.
(iii) In this procedure a school day is a day on which the
school is in operation.
(iv) The investigating committee at Stage 2 should consist of;
(a) a teacher from another school, and
(b) a Board of Management representative from
another school.
(v) In the case of a charge against a
Principal, the Chairperson of the Board of Management shall undertake the role
of the Principal as set out in the various Stages of the Procedure. The
investigating committee in this context shall include a Principal from another
school and a Board of Management representative from another school.
1st September 2000
PROCEDURES FOR
VOLUNTARY SECONDARY SCHOOLS
WITH BOARDS OF MANAGEMENT
Grievance
Procedure
ASTI/JMB Procedures for Voluntary Secondary Schools with Boards
of Management
(a) The purpose of the procedure is to
promote co-operation and orderly and harmonious relationships between the
school management and the teaching staff members with a view to facilitating
the effective operation of the school.
(b) This procedure is agreed on the
understanding that all of the parties involved are committed to the resolution
of the grievance at the earliest stage possible through discussion and the
application of fair procedures. The agreed procedures should be known and
observed in the interests of good industrial relations and harmony in the
school work environment.
(c) Before the grievance procedure is
invoked, every effort should be made to resolve the difficulties through
discussions between the Principal and the teaching staff concerned.
(d) In each school the management and
teachers should agree structures for consultations through which any proposals
for changes in working conditions or work practices affecting the terms of
employment of the teachers may be discussed prior to their proposed
implementation. In the absence of agreement about such proposals both parties
should maintain the status quo. In the event of a dispute about the proposals
the teacher or teachers concerned may process and determine the issue through
the grievance procedure.
(e) The grievance procedure will be
reviewed jointly from time to time by the JMB and the ASTI. Disputes about the
interpretation of the procedure should be referred to the JMB and to the ASTI.
(a) The procedure may be invoked by any
teacher for the resolution of any grievance against the Manager or the Board of
Management of the school in respect of the exercise of any of their
responsibilities for the government of the school or against the Principal,
Deputy Principal or teachers with delegated responsibility, in respect of their
duties and responsibilities for the organisation and conduct of the day to day
activities in the school.
(b) If a grievance, which concerns a
matter covered by legislation is referred to the Labour Court, this procedure
shall not be used.
(c) School Managerial Authorities should
inform staff members, when appointed, of the provisions of this agreement.
Stage 1
1.1 The teacher shall discuss the grievance
with the Principal teacher with a view to resolving it. The teacher may be accompanied
by the ASTI School Steward or by a colleague nominated by the teacher at this
meeting.
1.2 If the complaint is unresolved, the
teacher should be advised that, within a further ten school days, stage two may
be invoked with a view to resolving the matter.
Stage 2
2.1 The teacher and/or the ASTI School
Steward shall give notice in writing to the Principal and Manager or
Chairperson of the Board of Management that Stage 2 of the Grievance Procedure
is being invoked.
2.2 The teacher shall discuss the grievance
with the Manager or Chairperson of the Board with a view to resolving it. The
teacher may be accompanied by the ASTI School Steward or by the nominated
colleague at this meeting.
2.3 The Manager or Chairperson shall
immediately take such steps as he/she considers appropriate to have the
grievance resolved informally.
2.4 If the grievance is not resolved within
ten school days the teacher shall be entitled to invoke Stage 3, within a
further ten school days.
Stage 3
3.1 The teacher and/or the ASTI School
Steward shall give notice in writing to the Chairperson of the Board of
Management that Stage 3 of the Grievance Procedure is being invoked. In the
case of a Manager, the teacher and/or School Steward may proceed to Stage 4.
3.2 The teacher and/or the ASTI School
Steward shall make a written submission to the Chairperson for consideration
formally by the Board of Management.
3.3 If the grievance involves the
Principal, he/she shall be provided with a copy of the written submission and
shall be requested by the Chairperson to prepare a written response to the
submission.
3.4 The Chairperson shall invite the
aggrieved teacher and the ASTI School Steward or the nominated colleague to be
in attendance at a formal Board meeting which shall be held within ten school
days of receipt of the submission. The Board shall give a hearing to the
aggrieved teacher.
3.5 The Board shall try to resolve the
grievance by conciliation and if the grievance is resolved the matter is
concluded.
3.6 If the Board is unable to resolve the
grievance by conciliation it shall give a decision on the grievance.
3.7 The Chairperson shall convey the
decision in writing to the aggrieved teacher and/or the School Steward and to
any other party or parties concerned within five school days of the hearing
specified at 3.4.
3.8 The teacher shall have the right to
invoke Stage 4 of the procedure:
(a)
if the Chairperson fails to convey the decision within the specified period;
(b)
if the Board fails to give a hearing to the aggrieved teacher within the time
specified in 3.4;
(c)
if the teacher is unwilling to accept the decision.
Stage 4
4.1 The teacher who wishes to appeal or the
School Steward at the request of the teacher, shall give notice in writing to
the Manager or Chairperson of the Board of Management of the intention to
appeal. The notice shall be given within ten school days of receiving the
decision, or of the end of the period specified in 3.7 (or 2.4, in the case of a
Manager)
4.2 The teacher and/or the School Steward
shall provide the Manager or Chairperson of the Board with five copies of a
submission setting out the grievance and the redress which is sought.
4.3 The date on which the Manager or
Chairperson receives the submission will be referred to as the “date of
appeal”.
4.4 On receipt of the submission the
Manager or Chairperson of the Board of Management shall notify the General
Secretary of the JMB and the General Secretary of the ASTI who shall arrange for
the establishment of a tribunal to hear the appeal.
(a) The tribunal shall consist of:
(i)
an agreed independent Chairperson;
(ii)
two persons not associated with the school, one of whom shall be nominated by
each of the organisations;
(b) The Manager or Chairperson of the Board of
Management shall be notified within 10 school days of the date of the appeal of
the names and addresses of the members of the tribunal.
(c) A meeting of the tribunal shall be convened
within 20 school days of the date of the appeal.
4.5 On receipt of the submission the
Manager or Chairperson of the Board shall:
(a) prepare for the tribunal a report on the
proceedings at each of the previous stages including, if available, a copy of a
letter stating the decision 3.7 and
(b) supply each member of the tribunal within
15 school days of the date of the appeal with a copy of the teacher’s
submission together with a copy of his/her report.
4.6 The tribunal shall be empowered to
conciliate with a view to reaching a friendly settlement.
4.7 Failing such a settlement the tribunal
shall determine the issue by unanimous or majority vote.
4.8 The tribunal’s decision shall be
conveyed in writing by the Chairperson of the tribunal to all parties
(including the teacher, the Board and the JMB and ASTI) within ten school days
of the hearing.
4.9 Without prejudice to the rights of any
parties involved to have recourse to litigation, the decision of the tribunal
shall be final and binding on all of the parties.
NOTES
(i) Until such time as the dispute is
resolved or determined the teacher shall continue to carry out the instructions
of the Principal, Deputy Principal or teachers with delegated responsibility,
or the Manager or Board as the case may be.
(ii) The above procedure shall also apply
where two or more teachers share a grievance.
(iii) Where a Principal has a grievance, or
a Principal and one or more teachers share a grievance, Stages 2, 3 and 4 of
the procedure shall apply. The Principal shall also have the right to be accompanied
or represented by a union representative, or by a colleague of the Principal’s
own choosing.
(iv) An aggrieved teacher or teachers may
be represented at Stage 3 by the ASTI School Steward or by a teacher colleague,
nominated by the teacher.
(v) An aggrieved teacher or teachers may be
represented by a member of the ASTI CEC or by a Branch Officer or Head Office
official or by the ASTI school steward or a nominated teacher colleague at
Stage 4.
(vi) Any expenses other than legal expenses
arising at Stage 4 shall be shared by the parties involved who nominate the
tribunal.
(vii) A school day is a day on which the
school is in operation.
(viii) Any difficulty arising out of the
implementation of this procedure shall be referred for resolution to the
parties to this agreement.
(ix) This Grievance Procedure shall be
reviewed after three years or at the request of either party.
