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24 June 2009 (updated September 2009) Given the recent Budget announcement that all ACE funding in schools will cease at the end of 2009, affected schools will be considering their options. The following provides some advice to assist employees to know their rights.
General guidelines: 1. Schools have a legal contract with the Tertiary Education Commission to deliver an ACE programme for the 2009 year which they must fulfil. 2. The Budget cuts do not automatically mean that a school ceases to offer an ACE programme in 2010. Boards of trustees have obligations to communities and employees which should be considered before the board makes a decision about this. In some cases, it may be appropriate for schools to deliver self-funding programmes. 3. The Adult and Community Education Staff in Schools Collective Agreement is the applicable agreement for all ACE employees unless an alternative agreement was entered into after the first 30 days of employment. 4. Boards have obligations to employees under their employment agreements, regardless of the funding source for adult and community education. 5. ACE employees should check their letters of appointment and job descriptions which will help them understand their employment arrangements. 6. ACE employees should check the agenda of board meetings. If ACE is going to be discussed, key affected employees, e.g. the co-ordinator, should attend the meeting. It would be useful to invite PPTA branch officers to attend. 7. For all permanently appointed co-ordinators (both teaching and non-teaching) there are surplus staffing provisions which apply, should a board make the decision to cease delivering an ACE programme for 2010. These are detailed in clauses 7.3 and 7.4 of the ACE Collective Agreement. 8. There are no specified surplus staffing provisions for other ACE employees. If employment is for a fixed-term, details about when and how employment will cease should be included in the letter of appointment. If employment will end prior to the date/conclusion of a project identified in the letter, an appropriate period of notice must be given. Similarly, appropriate notice must be given in the case of permanently appointed employees. 9. If an employee believes that proper procedures have not been followed, s/he should consult the local Field Officer. What can co-ordinators do? 1. Consult your Field Officer for advice and representation. 2. If you are invited to a meeting about ACE and your employment, ask your Field Officer to accompany you to the meeting. If this topic comes up when you are not represented, listen and ask questions to get a full understanding of what you are being told. Take notes, so that you can take advice afterwards. You are entitled to seek support and advice before making any personal decisions, so you do not have to respond immediately to any suggestions. 3. You could calculate/estimate the costs of continuing to deliver an ACE programme at your school (e.g. the course fees needed for the school to be able to deliver self-funded courses) and provide that information to your principal and board. 4. If you are a permanently appointed non-teaching co-ordinator, work out the liability the board has in respect of your redundancy payment should they disestablish ACE in your school at the end of the year. Base your calculations on ceasing employment at the time when your school has fulfilled its TEC obligations. 5. If you are a permanently employed teaching co-ordinator, consider what teaching you would be able to pick up for the lost co-ordination time and make this known to the principal and other relevant staff, e.g. heads of departments and timetablers. A return to teaching is a first option but not the only option. 6. The surplus staffing provisions of the ACE Collective Agreement involve two stages, with a minimum of either one (non-teaching) or two (teaching) month's notice for ACE coordinators. It is important that the process is followed properly as the notice gives employers and employees opportunities to seek and consider alternative employment.
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