Appendix A – Grandparented Redundancy
(1) Intention of clause – The employer recognises the serious consequences that the loss of permanent employment can have on individual employees and seeks to minimise those consequences by means of this clause.
(2) Definition and application – Redundancy means a situation where an employee’s employment is terminated by the employer, the termination being attributable, wholly or mainly, to the fact that the position filled by the employee is, or will become superfluous to the needs of the employer.
An employee will be ineligible to receive redundancy compensation if:
(a) they are employed on a temporary basis (including casual and relief staff)
(b) they are offered a position of employment within the Education Service which is similar or equivalent to their existing position and has the same or no less favourable conditions of employment.
(3) Union notification – The employer will advise the union of the impending redundancy situation prior to the issuing of notice to the employees concerned (wherever practical four weeks’ notice will be given). The union accepts the confidentiality of this information and will not divulge it until after the employer has notified the employee(s) concerned.
The advice to the union of impending redundancy will include:
(a) localities of the surplus staff;
(b) the number of surplus staff;
(c) the date by which the surplus need to be discharged;
(d) the positions, names and ages of the surplus staff.
(4) Notice for employees of redundancy – All permanent employees to be made redundant shall be advised in writing by the employer stating the date of termination. Notice of termination should be a minimum of two weeks for employees. This is inclusive of the notice required under 4.7.1 of this agreement.
(5) Redundancy compensation will be contingent on the employee remaining at work and performing normally their assigned duties until the expiry of the period of notice.
(6) Except as provided for in paragraph 2(b) above, where any employee finds alternative employment during the notification period and they satisfy the employer that the new employer is unable to hold the position open until the expiry of the notice period, the employer will grant the early release (except where release would seriously impede continuing operations) during the notice period without affecting the employee’s right to redundancy pay. The employer will not be liable to make payment for any unexpired part of the notice period.
(7) Payments are calculated on current gross weekly earnings on the last day of service or on average gross weekly earnings over the previous 12 months service, whichever is the greater.
(8) Redundancy provisions – Payment to redundant employees shall be calculated on their Education Board and school board service only and in accordance with the following payment schedule.
|
Years |
Core |
Service |
Total Weeks |
|
Up to 1 year |
6 |
- |
6 |
|
From 1 - 1 ½ years |
6 |
1 |
7 |
|
From 1 ½ - 2 years |
6 |
2 |
8 |
|
From 2 – 2 ½ years |
6 |
3 |
9 |
|
From 2 ½ - 3 years |
6 |
4 |
10 |
|
From 3 – 3 ½ years |
6 |
5 |
11 |
|
From 3 ½ - 4 years |
6 |
6 |
12 |
|
From 4 – 4 ½ years |
6 |
7 |
13 |
|
From 4 ½ - 5 years |
6 |
8 |
14 |
|
From 5 – 5 ½ years |
6 |
9 |
15 |
|
From 5 ½ - 6 years |
6 |
10 |
16 |
|
From 6 – 6 ½ years |
6 |
11 |
17 |
|
From 6 ½ - 7 years |
6 |
12 |
18 |
|
From 7 – 7 ½ years |
6 |
13 |
19 |
|
From 7 ½ - 8 years |
6 |
14 |
20 |
|
From 8 – 8 ½ years |
6 |
15 |
21 |
|
From 8 ½ - 9 years |
6 |
16 |
22 |
|
From 9 – 9 ½ years |
6 |
17 |
23 |
|
From 9 ½ - 10 years |
6 |
18 |
24 |
and thereafter in accordance with the above scale up to a maximum of 20 years.
(9) Annual and long service leave – Any unused entitlement to annual and long service leave may be separately cashed up.
(10) Cessation and retirement leave – Cessation leave in accordance with the scales below will be paid, subject to the leave being reduced by the amount of paid anticipated retiring leave already taken. Service for cessation leave shall be calculated as follows:
Cessation leave
(a) Cessation leave for employees under 60 years of age.
|
Qualification Required |
Amount of Retiring Leave |
|
Completion of 15 years’ service |
65 working days |
|
Completion of 10 and under 15 years’ service |
44 working days |
|
Completion of 5 and under 10 years’ service |
22 working days |
|
Under 5 years’ service |
NIL |
(b) Cessation leave for employees over 60 years of age and with less than 20 years’ service.
|
Qualification Required |
Amount of Retiring Leave |
|
Completion of 15 years’ service |
65 working days |
|
Completion of 10 and under 15 years’ service |
44 working days |
|
Completion of 5 and under 10 years’ service |
22 working days |
|
Under 5 years’ service |
NIL |
(c) Cessation leave for employees over 60 years of age and with 20 years or more service.
|
Years |
Months |
|
|
0 |
2 |
4 |
6 |
8 |
10 |
|
20-24 |
65 |
|
|
|
|
|
|
25 |
65 |
66 |
66 |
67 |
68 |
69 |
|
26 |
69 |
70 |
71 |
71 |
72 |
73 |
|
27 |
74 |
74 |
75 |
76 |
76 |
77 |
|
28 |
78 |
79 |
79 |
80 |
81 |
81 |
|
29 |
82 |
83 |
84 |
84 |
85 |
86 |
|
30 |
86 |
87 |
88 |
89 |
89 |
90 |
|
31 |
91 |
91 |
92 |
93 |
94 |
94 |
|
32 |
95 |
96 |
96 |
97 |
98 |
99 |
|
33 |
99 |
100 |
101 |
101 |
102 |
103 |
|
34 |
104 |
104 |
105 |
106 |
106 |
107 |
|
35 |
108 |
109 |
109 |
110 |
111 |
111 |
|
36 |
112 |
113 |
114 |
114 |
115 |
116 |
|
37 |
116 |
117 |
118 |
119 |
119 |
120 |
|
38 |
121 |
121 |
122 |
123 |
124 |
125 |
|
39 |
125 |
126 |
126 |
127 |
128 |
129 |
|
40 |
131 |
|
|
|
|
|
|
|
|
|
|
|
|
(11) Sick leave – A redundant employee who has accumulated up to ten days’ sick pay entitlement shall receive payment for such unused sick leave as accumulated in accordance with the provisions of clause 5.4 of this agreement
(12) Dispute procedures – In the event of a dispute arising regarding this clause Part 7 of this agreement shall apply.
(13) Time off to attend interviews – A redundant employee shall be given reasonable time off to attend interviews for alternative employment without loss of pay, provided the employer is notified prior to the interview.
(14) References – The employer shall supply to all redundant employees a standard letter of reference or certificate of service, or if the employee requests a personalised reference or certificate of service which shall state the reason for loss of job as redundancy.
(15) Counselling – In order to best ascertain and deal with the employee’s problems associated with the loss of permanent employment the employer will arrange individual counselling sessions with each redundant employee immediately following the announcement of the redundancy.