Following vigorous campaigning on the issue by TUI, the Cush report on Fixed-Term and Part-Time Employment in Lecturing in Third Level Education in Ireland was published in May 2016 and circular letter 41/2016
subsequently set out the procedures for its implementation.
The qualification period for the granting of an initial CID has been reduced from a period of continuous employment in excess of three years with the same employer to a period of continuous employment in excess of two years with the same employer. This reduction means that a lecturer will be awarded a CID rather than a further Fixed Term Contract provided the conditions and procedures set out in Circular 93/2007
Where additional hours are awarded to an existing CID holder, the qualification period for a further CID in respect of those additional hours should be one year, provided that the conditions and procedures for the awarding of a CID set out in Circular 0093/2007 are met.
In advance of advertising available hours in a particular course, an Institute of Technology should carry out a review to ascertain whether there are existing qualified lecturers on CIDs or pro-rata fixed-term contracts for less than full hours who have the necessary qualifications to teach the course and who could benefit by the augmentation of their existing contract. If this is the case, the extra available hours should be offered first to such lecturers before being advertised generally.
This means that during the course of an academic year, where a fixed term employee (who has been employed on two or more fixed term contracts) commences a third year of continuous service with the same employer, s/he acquires an entitlement to a CID upon the second anniversary of her/his first appointment.
However, entitlement to a CID - for all or some of the hours worked - does not accrue in circumstances where there are legitimate ‘objective grounds’ for the fixed term contract.
A CID will be awarded for the number of weekly hours worked in the second year (except where objective grounds apply). This may be for less than full hours.
If, in view of the above information, a lecturer is of the view that s/he has an entitlement to a CID, and has been refused a CID (or augmentation of her/his CID) by management, there is a right to appeal to the Adjudicator if you have received a lesser number of hours in your CID than the number of hours held in the second year. There is a four week period from the date of refusal/receipt of the CID to appeal to the Adjudicator. All appeals should be processed through TUI Head Office. There is also an option of having refusal of a CID dealt with by a Rights Commissioner who will consider whether the legal entitlement to a CID under the terms of the Protection of Employees (Fixed Term) Act 2003 has been denied. There is a six month time frame for lodging such complaints. These complaints should be processed through TUI Head Office. It should be noted that under the Act entitlement to a CID arises on the fourth anniversary of appointment (ie upon commencement of a fifth year of continuous employment).