The union has had several wins recently for members in a number of cases that relate to misuse of 72-hours, inappropriate duties, or non-adherence to circulars.

Fórsa was asked to intervene on behalf of members in recent weeks on these issues. In all cases the members had flagged potential issues with their employer, advising them respectfully that they did not believe what the employer was seeking was appropriate.

However, when the employers refused to alter their position, the members then sought Fórsa’s intervention on their behalf.

In each case the union intervened and highlighted clarifications received from the Department in May of this year. This resulted in the employers altering their position to ensure they are complying with agreed circulars and clarifications.

Win on 72-hours

In one case regarding the issue of use of the 72-hours the employer was seeking to compel SNAs to extend their working day and undertake extra-curricular activities as part of the hours, and they also issued a policy in this regard without consultation or agreement.

Fórsa industrial relations officer Gary Honer intervened with the school, informing them that due to the lack of consultation and engagement, as well as the policy being contrary to the circular and recent commitments, it had no standing and should be withdrawn on that basis. He also referred the matter to the conciliation services of the Workplace Relations Commission.

A conciliation hearing took place, and the school was advised that they should seek clarification of their view from the Department, given the union’s position was that the Department had confirmed what was being sought was not appropriate. The Department responded in recent days corroborating the union’s position and confirming that SNAs cannot be compelled to undertake extra-curricular activities under the auspices of the 72-hours, it can only happen on a voluntary basis, if the SNA agrees.

Win on Assault Leave

Separately, another significant win was an appeal to a decision not to grant assault leave. A member had suffered an injury at school when a student collided with them accidentally.

The member made an application for assault leave on the basis that the circular defines assault as follows: “Assault – means physical contact from a third party causing physical injury to a special needs assistant in the course of the special needs assistant’s duties and during approved school activities.”

The application was refused by the Department stating that the incident did not meet the criteria of the circular. Fórsa industrial relations officer Dave Sexton intervened and made representations to both the school and the Department, and as a result the decision was overturned.

Win on June working

In another case, Fórsa secured a guarantee that SNA-appropriate work would be identified for June working next year.

The issue arose this year when members in a school were informed that they were compelled, by way of directive from their regional Education and Training Board, to attend for fixed hours (9am to 4pm) during the month of June. This was challenged by the union in May and management refused to engage.

Members completed the work which was allocated and continued to attend for their paid roles as readers/scribes and did not attend for the other 'enforced' hours, as there was no work remaining. Management refrained from attempting to discipline members, knowing they had union backing.

Fórsa organiser Dylan Archbold met with management in the school and requested the presence of the ETB. The case was made that June working is task driven and not time driven.

The union secured a win by way of an agreement that SNA-appropriate work would be identified in the first week of May next year, and that going forward members will not be obliged to attend further after this work is complete, overturning management’s position that they must attend regardless of work available.

We urge members that where they feel an issue exists, raise it locally in the first instance and if it does not get resolved then you should seek the assistance of the union.

As these recent cases demonstrate, we can and do win.