PLEASE REFER TO THE ACCOMPANYING CHECKLIST TO ASSIST

WITH THE COMPLETION OF THIS CONTRACT AS WELL AS THE

GUIDANCE NOTE REGARDING GENERAL EMPLOYMENT ISSUES

CONTRACT OF EMPLOYMENT OF SCHOOL SECRETARY-

SPECIFIED PURPOSE

THIS AGREEMENT is made on the day of [INSERT DATE] 20

[INSERT YEAR]

BETWEEN

THE BOARD OF MANAGEMENT OF [INSERT NAME OF SCHOOL] of

[INSERT ADDRESS OF SCHOOL AND ROLL NO.] (the “Employer”)

AND

[INSERT NAME OF EMPLOYEE] of [INSERT ADDRESS OF EMPLOYEE]

(the “Employee”)

IT IS HEREBY AGREED AS FOLLOWS:-

1.00 POSITION AND DUTIES

1.01 The Employee will be employed as a (FULL TIME/PART TIME (DELETE AS

APPROPRIATE) specified purpose secretary.

1.02. The Employee will report to the School Principal or to a person delegated by the
School Principal /Board of Management as appropriate. The Employee’s duties
will include those specified in the job description attached hereto. [ENSURE
JOB DESCRIPTION IS ATTACHED-SEE APPENDIX] The specified duties are
not an exhaustive or exclusive list of the Employee’s duties. The Employer
reserves the right at its sole discretion to vary, amend or add to the duties as
required. The Employee must be prepared to undertake such other work as may
be assigned by the Employer from time to time. Such work may be outside the
area of the Employee’s normal duties. The Employee will perform his/her duties
and responsibilities in accordance with law, the policies of the Employer/School,
the Rules for National Schools and Department of Education and Skills Circulars
and guidelines. The Employee acknowledges that s/he has been informed that
the School has a Catholic ethos and that it is the duty of the Employee to
uphold, and be accountable to the Employer for so upholding, the Catholic
ethos of the School, as determined by the Patron of the School.

1.03. The Employee further agrees to undergo any training as may be required from
time to time by the Employer.
2.00 DATE OF COMMENCEMENT AND TERM OF CONTRACT

2.01 The Employee’s employment with the Employer will commence on [INSERT
DATE]. The Employee is engaged on a Specified Purpose Contract to
(INSERT PURPOSE FOR WHICH THE CONTRACT IS REQUIRED E.G. TO
PROVIDE COVER FOR XXX WHO IS ON MATERNITY LEAVE). The
contract will terminate upon the cesser of the said specified purpose.

2.02 Further, the Employee agrees that the provisions of the Unfair Dismissals Acts
1977 -2007 shall not apply to termination of the Employee’s employment
where such termination occurs by reason only of the cesser of the specified
purpose herein
2.03 For the purposes of Section 8 of the Protection of Employees (Fixed Term
Work) Act, 2003, the Employer affirms that it cannot offer a contract of
indefinite duration and therefore the Employee is offered this specified
purpose contract/this further specified purpose contract (DELETE AS
APPROPRIATE) on the following objective grounds
This contract (DELETE THE FOLLOWING THAT ARE NOT APPROPRIATE
OR INSERT PARTICULAR CIRCUMSTANCES WHICH ARE APPROPRIATE
TO THE CIRCUMSTANCES)
2.03.1 is required to replace an employee who is on maternity leave and
whose post cannot be filled on a permanent/ contract of indefinite
duration basis in his/her absence
OR
2.03.2 is required to replace an employee who is on carers leave and whose
post cannot be filled on a permanent/ contract of indefinite duration
basis in his/her absence
OR
2.03.3 is required to replace an employee who is on sick leave and whose
post cannot be filled on a permanent/ contract of indefinite duration
basis in his/her absence
OR
2.03.4 is required to replace an employee who is on adoptive leave and
whose post cannot be filled on a permanent/contract of indefinite
duration basis in his/her absence
OR
2.03.5 is required to replace an employee who is on parental leave and whose
post cannot be filled on a permanent/contract of indefinite duration
basis in his/her absence
OR
2.03.6 is required to replace an employee who is on authorised leave and
whose post cannot be filled on a permanent/ contract of indefinite
duration basis in his/her absence
OR
2.03.7 is required pending the appointment of a permanent employee to the
School

2.04 The Employee accepts the objective grounds and agrees that the contract
offered is on a specified purpose basis that cannot be offered as a contract of
indefinite duration.
2.05 The Employer agrees to notify the Employee of any vacancies that become
available for a permanent secretarial post during the course of this contract.
Notification shall be given by way of (INSERT MANNER IN WHICH EMPLOYER
WILL NOTIFY SPECIFIED PURPOSE SECRETARIES OF VACANCIES FOR A
PERMANENT SECRETARIAL POST)

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3.00. PROBATION

3.01. The Employee’s employment shall be subject to a probationary period of

(INSERT THE NUMBER OF MONTHS WHICH SHOULD NOT EXCEED 11
MONTHS AND SHOULD BE LESS THAN THE DURATION OF THE
SPECIFIED PURPOSE IF THIS IS KNOWN) The Employer reserves the right to
extend this probationary period at its sole discretion subject to a maximum period
of eleven months. IF THE PROBATIONARY PERIOD IS FOR 11 MONTHS
THERE IS NO NEED TO RESERVE THE RIGHT TO EXTEND THE PERIOD
TO 11 MONTHS) The Employee’s employment may be terminated either during
this period (or any extension of it) or on the expiry thereof at the discretion of the
Employer by giving to the Employee one week's notice in writing.

4.00. PLACE OF WORK

4.01. The normal place of work will ordinarily be the School. The Employee may be
required from time to time to work and/or travel outside of the normal place of
work. In such circumstances, the Employer will endeavour to give the Employee
as much notice as is reasonably possible. However, there may be occasions
when it is not possible to give the Employee such notice.
4.02. The Employee is required to ensure that the security of the office, office
equipment, records etc. is maintained at all times. The Employee is also required
to notify the School Principal of computer log in details/any other work passwords
whenever changed.

5.00. HOURS OF WORK

5.01. The Employee will work [INSERT NUMBER OF HOURS] per week. The
Employee’s hours of work shall be from [ ] a.m. to [ ] p.m. on [INSERT
THE HOURS OF WORK AND DAYS]
5.02. The Employee is entitled to [INSERT NUMBER OF MINUTES] unpaid rest
breaks consisting of [INSERT THE LENGTH AND TIMES OF BREAKS E.G. 30
MINUTES LUNCH BREAK FROM 12.30 TO 1.OO PM] which are in accordance
with the Organisation of Working Time Act 1997.
5.03. In accordance with the Organisation of Working Time Act 1997, the Employee
will be entitled to a daily rest break of at least 11 hours in every 24 hour period
and a weekly rest period of at least 24 hours in each consecutive period of
seven days or two rest periods of 24 hours in each fortnight preceded by a
daily rest break. The Employee will also be entitled to an unpaid rest break at
work of 15 minutes after having worked 4 hours and 30 minutes and 30
minutes after having worked 6 hours (which may include the earlier 15 minute
break) as provided for at clause 5.02. If for any reason the Employee is
unable to avail of any of these rest periods, s/he may notify the School
Principal in writing of this fact and the reason for the failure to avail of such rest
period within one week. Upon receipt of such notification, the Employer will
arrange for the Employee to take such rest period at the earliest practical
opportunity.
5.04. The rostering of the hours of work may be changed at the discretion of the
Employer. The Employee may be required to work overtime as the needs of the
Employer may require from time to time. The Employee may also be required to
work on public holidays or at weekends from time to time.
5.05. The Employee hereby agrees to fully co-operate in assisting the Employer to
maintain accurate records of his/her working hours for the purposes of the

3
 Organisation of Working Time (Records) (Prescribed Form and Exemptions)
Regulations 2001. It will be necessary for the Employee to sign an attendance
sheet when arriving at and leaving work. The Employer must be notified of all
external work. Any external work engaged in must not be such as to interfere
with the fulfilling of the Employee’s duties and responsibilities to the Employer.
The contract may be terminated in the event that the Employee’s work, when
calculated in the aggregate, exceeds the limits provided by the Organisation of
Working Time Act

6.00. REMUNERATION

6.01. The Employee’s salary shall be € [ INSERT FIGURE] gross [PER

ANNUM/PER MONTH/PER WEEK-DELETE AS APPROPRIATE] paid by the
Employer [WEEKLY/FORTNIGHTLY/MONTHLY-DELETE AS
APPROPRIATE] [IN ARREARS] subject to the deduction of all necessary
payroll deductions. The Employee’s salary will be paid by [INSERT METHOD
OF PAYMENT E.G. CHEQUE/BANK TRANSFER].
6.02. Overtime is/is not payable [DELETE AS APPROPRIATE). IF OVERTIME IS
PAYABLE THE RATE SHOULD BE SET OUT AND IT SHOULD BE STATED
“PAYMENT FOR OVERTIME WILL ONLY APPLY TO WORK CONDUCTED
OUTSIDE OF THE EMPLOYEE’S HOURS OF WORK WITH THE EXPLICIT
AUTHORISATION OF THE EMPLOYER. THE EMPLOYEE MAY RECEIVE
TIME OFF IN LIEU OF PAYMENT FOR OVERTIME. THIS WILL BE AT THE
SOLE DISCRETION OF THE EMPLOYER”
6.03. The Employee acknowledges and agrees that the Employer has the right to
deduct from the Employee’s pay, any sums which the Employee may owe to the
Employer, including without limitation, any overpayments or loans made to the
Employee by the Employer or losses suffered by the Employer as a result of the
Employee’s negligence or breach of the Employer’s/School’s rules.
6.04. THIS CLAUSE IS OPTIONAL AND DOES NOT HAVE TO BE INCLUDED-The
Employer shall reimburse the Employee for all proper reasonable vouched
expenses incurred by him/her in carrying out any business on behalf of the
Employer. The Employee shall comply with such rules as may from time to
time be stipulated by the Employer regarding the approval of and vouching of
such expenses.

7.00. BENEFITS

7.01. The Employer does not operate a pension scheme. However, the Employer has
nominated [INSERT NAME OF PRSA PROVIDER] to provide Personal
Retirement Savings Accounts to employees. While the Employer is prepared to
facilitate deductions from the Employee’s salary and the payment thereof to
[INSERT NAME OF PRSA PROVIDER], the Employer will not be making
contributions.

OR

7.01. INSERT DETAILS OF PENSION SCHEME

7.02. [INSERT DETAILS OF ANY OTHER BENEFITS IF ANY. IF THERE ARE NO

OTHER BENEFITS THIS CLAUSE SHOULD BE DELETED.]

4
8.00. EXCLUSIVITY OF SERVICE

8.01. Save as may be otherwise authorised by the Employer in writing, during the
continuance of this Agreement, the Employee shall devote his/her whole time,
attention and personal skill to the Employee’s duties.

9.00. HOLIDAYS

9.01. The Employer’s annual leave year runs from the start of the relevant school
year to the end of it. This will normally be from the beginning of September to
the end of August.
9.02. The Employee shall be entitled to annual leave in accordance with the
Organisation of Working Time Act 1997 [OR INSERT NUMBER OF DAYS.
PLEASE NOTE THAT THE NUMBER OF DAYS CANNOT BE LESS THAN
THE NUMBER OF DAYS AN EMPLOYEE IS ENTITLED TO RECEIVE
UNDER THE ORGANISATION OF WORKING TIME ACT]. Annual leave
must be taken during normal school holiday times. The Employer reserves the
right to require the Employee to take annual leave on specified days. The final
decision in respect of allocating leave rests with the Employer. The Employee
will be required to take at least [INSERT NUMBER OF DAYS] days of annual
leave entitlement in July and August annually during the school holidays and
the Employee will be required to take at least [INSERT NUMBER OF DAYS]
days of annual leave entitlement at the same time during this period. Not more
than INSERT NUMBER days of annual leave can be taken together at any one
time. The Employee will be required to give at least 4 week’s notice of the
date of summer holidays and at least one week’s notice for other annual
leave/privilege days. DELETE THE REFERENCE TO PRIVILEGE DAYS IF
NONE ARE PROVIDED
9.03. The Employee’s annual leave entitlement should be taken in the relevant
school year and the carrying forward of un-utilised holidays to the following
year is only permitted in exceptional circumstances and with the agreement of
both the Employer and the Employee.
9.04. If the Employee’s employment commences or is terminated during the annual
leave year, the Employee’s entitlement to annual leave during that year will be
assessed on a pro rata basis. If, in the event of the termination of the
Employee’s employment, the Employee has exceeded his/her entitlement for
that year, the excess will be deducted from any sums due to the Employee by
the Employer.
9.05. The Employee will be entitled to the benefit of statutory public holidays in
accordance with the Organisation of Working Time Act, 1997.
9.06. The Employee will also be entitled to a paid day off on Good Friday. THIS
CLAUSE IS OPTIONAL AS IT IS FOR THE EMPLOYER TO DECIDE
WHETHER GOOD FRIDAY IS A PAID DAY OFF AS GOOD FRIDAY IS NOT A
PUBLIC HOLIDAY. IF IT IS DECIDED THAT IT IS NOT A PAID DAY OFF THE
CLAUSE SHOULD BE DELETED. THE CLAUSE SHOULD ALSO BE
DELETED IF THE DURATION OF THE SPECIFIED PURPOSE CONTRACT
DOES NOT EXTEND TO GOOD FRIDAY IF THIS IS KNOWN.
9.07. In addition to public holidays and Good Friday, but not including Church
Holydays, two privilege days, one at Christmas and one at Easter are allowed.
THIS CLAUSE IS OPTIONAL AND DOES NOT HAVE TO BE INCLUDED.
REMEMBER IF GOOD FRIDAY IS NOT A PAID DAY OFF THAT REFERENCE
TO IT SHOULD BE DELETED IN THIS CLAUSE. IF NO PRIVILEGE DAYS
ARE ALLOWED THE CLAUSE IN ITS ENTIRETY SHOULD BE DELETED.
THE CLAUSE SHOULD ALSO BE DELETED IF THE DURATION OF THE

5
 FIXED TERM CONTRACT DOES NOT EXTEND TO CHRISTMAS AND/OR
EASTER IF THIS IS KNOWN.

10.00. ABSENCE AND SICK PAY

10.01. If the Employee is absent from work for any reason the School Principal should
be informed within thirty minutes of the Employee’s start time, on the first day
of absence and each day thereafter. Where absence is due to illness, a
certificate from a qualified medical practitioner, stating the medical reason for the
Employee’s absence must be submitted after three days of continuous absence
and on a weekly basis thereafter. Where sick absence extends from Friday to
Monday inclusive, a medical certificate must be furnished.
10.02. In the event of absence due to illness, the Employer may require the Employee
to be examined by a medical practitioner or specialist nominated by the
Employer and the Employee hereby authorises such medical practitioner or
specialist to disclose the results of his/her examinations to the Employer and
the Employer will be entitled to rely on the opinion of the independent doctor in
determining whether the Employee is able to perform his/her duties.
10.03. Subject to satisfactory completion of the Employee’s probationary period
or any extension thereof, the Employee will be entitled to participate in the
Employer’s sick leave scheme subject to the rules of such scheme as may
be amended from time to time. No sick pay will be allowed during the first
[INSERT NUMBER] month’s service. The scheme currently in place
provides that sick pay (less appropriate deductions in respect of social
welfare payments) after [INSERT NUMBER] month’s continuous service,
up to a maximum limit of [INSERT NUMBER] weeks in any period of
(INSERT NUMBER) month’s service may be allowed provided the
absence is properly certified and there is no evidence of permanent
disability for service. When sick pay has once reached the maximum
limit, it cannot be resumed during the same absence. Unpaid sick leave
does not count as service qualifying for further paid sick leave.
OR

10.03. The Employer does not operate a sick pay scheme. If the Employee is
absent from work due to illness, s/he should contact the Department of
Social and Family Affairs to ascertain his/her entitlements.

10.04. If the Employee’s incapacity is occasioned by the actionable negligence of a

third party in respect of which damages may be recoverable, the Employee
shall notify the Employer of the fact and of any claim, compromise, settlement
or judgment made or awarded in connection therewith and shall provide the
Employer with all details regarding same as the Employer may reasonably
require. In such circumstances, all remuneration paid to the Employee by the
Employer under its sick pay scheme, or payments made by the Employer to
any third party including payments in respect of pension contribution, income,
or other, tax and pay related social insurance contributions in respect of the
Employee’s remuneration, to the extent that compensation is recoverable from
that third party, constitute loans by the Employer to the Employee and shall be
repaid when and to the extent that the Employee recovers compensation for
loss of earnings from that third party, whether by claim, compromise,
settlement or judgment. THIS CLAUSE SHOULD BE DELETED IF A SICK
PAY SCHEME IS NOT OPERATED.

6
11.00. POLICIES AND PROCEDURES

11.01. Copies of the Employer’s/School's relevant policies and procedures will be

provided to the Employee under separate cover. For the avoidance of doubt,
these documents are not contractual and may be amended and/or replaced
from time to time at the discretion of the Employer. In addition, the Employer’s
Disciplinary Procedure shall not apply to the Employee during his/her
probationary period including any extension thereof.

12.00. HEALTH AND SAFETY

12.01. The Employer will take all reasonably practicable steps to ensure the Employee’s
health, safety and welfare while at work. In addition, the Employee undertakes to
take reasonable care for his/her own safety and health and that of any of his/her
fellow employees and any other persons who may be affected by the Employee’s
acts or omissions while at work.
12.02. The Employee hereby agrees to co-operate fully with the Employer, all of his/her
fellow employees and any other persons to such extent as will enable the
Employer, its employees, servants, agents and all other relevant persons to
comply with any provisions of the Safety, Health and Welfare at Work Act 2005.
The Employee is required to adhere to hygiene and/or product safety instructions
issued by the Employer and to wear hygienic or protective clothing as directed by
the Employer or the School Principal.
12.03. The Employee is required to familiarise himself/herself with the Employer’s/
School’s Health & Safety Policy.

13.00. OFFENCES

13.01. The Employee’s employment with the Employer is at all times subject to the
Employee not becoming involved in any criminal activity or being convicted of a
criminal offence other than summary Road Traffic Acts offences or an offence
which in the reasonable opinion of the Employer does not affect the Employee’s
position with the Employer.

14.00. SEARCH

14.01. The Employer reserves the right to search the Employee’s person, property or
vehicle while on or when departing from the Employer’s/School premises. In the
event of the Employee unreasonably refusing to submit to a search, this will be
treated as misconduct on the part of the Employee. Accordingly, it will be dealt
with through the disciplinary procedure and may lead to the Employee’s
dismissal.

15.00. COLLECTIVE AGREEMENTS

15.01. There are no collective agreements affecting the Employee’s employment

16.00. DATA PROTECTION

7
16.01. The Employer may from time to time collect and retain personal data including
sensitive personal data about the Employee from which the Employee may be
identified. The Employee acknowledges that while much of the Employee’s
personal data will come directly from the Employee, there will be
circumstances where personal data from other sources will be collected and
retained by the Employer. The Employer will typically hold personal data on
the Employee’s personnel file but it will also hold working time records, payroll
records, records of phone, email, internet and other IT usage and so on which
will include data directly related to the Employee. The Employer does not
propose disclosing the Employee’s personal data to any third party outside the
Employer/School, save where required by law to do so (e.g. where an
Inspector from the Department of Enterprise, Trade and Innovation demands
to see working time records) or where necessary to manage or administer the
Employee’s employment (e.g. disclosure to payroll processors, pension
brokers/trustees or insurers). By signing his/her agreement below, the
Employee hereby consents to the collection and retention of such personal
data and to the disclosure and/or transfer of such personal data.

17.00. CONFIDENTIALITY

17.01. The Employee must keep confidential, and not discuss, with any person not
entitled to receive same, any information of a confidential nature relating in any
way to the Employer, school, pupils, parents or employees. The Employee
may not disclose any information of a confidential nature relating to the
Employer, school, its pupils, parents, employees or in respect of which the
Employer owes an obligation of confidence to any third party during or after the
Employee’s employment except in the proper course of the Employee’s
employment or as required by law.
17.02. The Employee may not remove any documents or property belonging to the
Employer/school or which contain any confidential information from the
Employer’s/school's premises at any time without proper advance authorisation.
17.03. The Employee must return to the Employer upon request and, in any event, upon
the termination of his/her employment, all documents and property belonging to
the Employer/school or which contain or refer to any confidential information and
which are in the Employee’s possession or under his/her control.

18.00. STATEMENTS

18.01. The Employee hereby agrees not to utter or publish any statement or material
whatsoever in any way connected with the Employer/school without the
express prior approval of the Employer.
18.02. The Employee shall not, in relation to the Employer/school, utter or publish any
statement which is false, misleading or reasonably likely to damage the
Employer/School and in particular, shall not following the termination of his/her
employment with the Employer represent himself/herself as being in any way
connected with or employed by the Employer/school.

19.00. LAY OFF/SHORT TIME

8
19.01. The Employer reserves the right to lay the Employee off from work or reduce
his/her working hours where, through circumstances beyond its control, it is
unable to maintain the Employee in employment or maintain the Employee in full-
time employment. The Employee will receive as much notice as is reasonably
possible prior to such lay-off or short-time. The Employee will not be paid during
the lay-off period and will only be paid for hours actually worked during periods of
short-time.
IF THE PERMANENT EMPLOYEE WHO IS BEING REPLACED BY THE
SPECIFIED PURPOSE EMPLOYEE IS LAID OFF EACH SUMMER AND/ OR
FOR OTHER PERIODS AND WHERE THE SPECIFIED PURPOSE
CONTRACT WILL STILL BE IN PLACE FOR THESE PERIODS IT SHOULD
BE STATED THAT THE SPECIFIED PURPOSE EMPLOYEE WILL BE LAID
OFF FOR THESE PERIODS. IT SHOULD ALSO BE STATED THAT THE
EMPLOYEE WILL NOT BE PAID DURING THIS/THESE PERIODS OF LAY
OFF.

20.00. PARTICULARS OF EMPL0YMENT

20.01. The terms of this Agreement set out the terms and conditions of employment
of the Employee and the Employee agrees that the provisions constitute
sufficient particulars of the employment relationship pursuant to the Employer’s
obligations under the Terms of Employment (Information) Acts 1994 – 2001
and any other relevant legislation.

21.00. VARIATION IN TERMS AND CONDITIONS

21.01. The Employer reserves the right to amend or vary the Employee’s terms and
conditions of employment from time to time. The Employee will be given not
less than one month’s written notice of any significant changes to the
Employee’s terms and conditions of employment.

22.00. DISCIPLINARY PROCEDURES

22.01. The following procedure will be adopted by the Employer in cases of
disciplinary action. Ultimately, persistent breaches or inadequate work
performance can lead, following warnings, to dismissal.
22.02. The following procedures will apply

STAGE 1 VERBAL WARNING.

The School Principal will warn the Employee verbally of the specified aspect of
work or conduct which is below standard, stating clearly that this is a warning and
advising on the improvements which must be made. This warning will be
communicated in the presence of the Employee’s representative unless the
Employee refuses the facility of having a representative present. This warning will
be recorded in the Employee’s file and will remain live for a period of 6 months
after which it will not be invoked under the disciplinary procedure if the required
improvement is made and sustained during this period.

STAGE 2 FIRST WRITTEN WARNING.

In the event of the Employee failing to make or sustain the required improvement,
the School Principal will arrange a meeting with the Employee. The Employee

9
 will be given at least 5 days written notice of the meeting. The notice will state the
purpose of the meeting and the specific nature of the complaints together with
any supporting documentation. The Employee may be accompanied at the
meeting by his/her representative. At the meeting the Employee will be given an
opportunity to respond and to state his/her position. Having considered the
response the School Principal will decide on the appropriate action to be taken.
Where it is decided that disciplinary action at this stage is warranted the
Employee will be informed that s/he is being given a written warning. S/he will
also be informed that failure to improve will result in further disciplinary action up
to and including dismissal. This warning will remain on the Employee’s file for 6
months.

STAGE 3 FINAL WRITTEN WARNING

If the Employee fails to make or sustain the required improvement, the School
Principal will arrange a meeting with the Employee. The Employee will be given
at least 5 days written notice of the meeting. The notice will state the purpose of
the meeting and the specific nature of the complaints together with any
supporting documentation. The Employee may be accompanied at the meeting
by his/her representative. The School Principal will be accompanied by a
nominee of the Board of Management. At the meeting the Employee will be
given an opportunity to respond and to state his/her position. Having considered
the response the School Principal and the nominee of the Board of Management
will decide on the appropriate action to be taken. Where it is decided that
disciplinary action at this stage is warranted the Employee will be informed that
s/he is being given a final written warning. S/he will also be informed that failure
to improve will result in further disciplinary action up to and including dismissal.
This warning will remain on the Employee’s file for 9 months.

STAGE 4 DISMISSAL
If the aspect of the Employee’s work or conduct which was below standard
continues to persist at that level the Employee may be dismissed following an
investigation by the Employer.

22.03. Notwithstanding the above procedure, the Employer reserves the right to
discipline any employee up to and including immediate dismissal in the case of
serious misconduct. In the event of the termination of the Employee’s
employment by reason of serious misconduct, the Employee will not be
entitled to receive notice or payment in lieu thereof. The following are
examples of serious misconduct but are not intended to be exhaustive

22.03.01. where the Employee is guilty of any material breach or non

observance of any of the provisions of the contract of
employment
22.03.02. where the Employee engages in misconduct which is persistent
22.03.03. where the Employee is guilty of gross default or wilful neglect in
the discharge of duties or in connection with or concerning the
business of the Employer
22.03.04. where the Employee’s work performance is persistently poor
22.03.05. where the Employee commits any serious act of dishonesty or
repeated acts of dishonesty including theft of the
Employer’s/School’s or other employees’ property
22.03.06. where there is deliberate damage, sabotage or destruction of
the Employer’s/School’s property by the Employee

10
 22.03.07. deliberate violation of a safety rule by the Employee or
engaging in any activity which is unsafe either to the Employee
or others or which may affect the Employer’s/School’s
equipment or other property
22.03.08. where the Employee falsifies any Employer/School records
22.03.09. failure by the Employee to carry out reasonable instructions
22.03.10. any breach of trust by the Employee in relation to the students
22.03.11. where the Employee has alcoholic beverages or drugs (other
than prescription drugs) on the Employer’s/School’s premises at
any time or reporting to work while under the influence of an
intoxicant or drugs
22.03.12. some other substantial reason.

22.04. Where an investigation has to be carried out by the Employer the Employee
may be suspended with or without pay pending such an investigation. In the
event of an investigation the following will apply.

22.04.01. The Employee will be informed in writing of the reasons for the
proposed disciplinary action and/or details of the allegations
22.04.02. The Employee will be afforded fair procedures and will be
furnished with all relevant documentation
22.04.03. The Employee will be informed of the possible disciplinary
sanctions
22.04.04. The Employee will have the right to state his/her case
22.04.05. The Employee will be afforded a reasonable period before a
meeting is held so that the Employee may prepare a response
and source a representative
22.04.06. The Employee may be accompanied, if s/he so wishes, by a
person of his/her choice or a representative of his/her trade
union where appropriate. It is not envisaged that the Employee
would have legal representation
22.04.07. The Employee will be afforded a full opportunity to make his/her
defence and may question any complainants
22.04.08. The Employer will ensure insofar as is possible that witnesses
are available to give evidence.
22.04.09. If a sanction is imposed it will be proportionate.
22.04.10. The Employee may appeal to the Board of Management if a
disciplinary sanction is imposed at stages 2 and 3 of the
disciplinary procedures.
22.04.11. In circumstances where the disciplinary sanction is dismissal
and the Employee wishes to challenge the dismissal then the
Employee may refer the matter to a Rights Commissioner, the
Labour Court, the Labour Relations Commission or the
Employment Appeals Tribunal as appropriate.
22.04.12. Certain breaches of Employer/School rules, custom and
practice etc may result in the Employee being dismissed without
notice or pay in lieu of notice.

23.00. TERMINATION OF EMPLOYMENT

23.01. Once the Employee has completed his/her probationary period, in the event of
the termination of his/her employment by the Employer, except in circumstances
justifying immediate termination of the Employee’s employment by the Employer,
the Employee will be entitled to receive notice in accordance with the provisions
of the Minimum Notice and Terms of Employment Acts 1973 - 2001. Where the

11
 Employee intends to resign from his/her employment, he/she will be required to
give the Employer at least (Insert figure for number of weeks notice to be
given by specified purpose employee) week’s notice in writing.
23.02. The Employer reserves the right to pay the Employee in lieu of notice any
salary and benefits to which the Employee has a contractual or statutory
entitlement to receive during the said notice period.
23.03. The Employee’s employment may be terminated forthwith by the Employer if at
any time the Employee

23.03.01. becomes of unsound mind

23.03.02. is unable to perform his/her duties as a result of illness
23.03.03. becomes incompetent
23.03.04. becomes incapable of performing his/her duties

23.04. The Employer reserves the right to waive its right to notice pursuant to this
clause.
23.05. The Employer further reserves the right to require the Employee not to attend at
the Employer’s/School’s premises during any period of notice, or, alternatively to
require the Employee to carry out other duties and functions as may be
prescribed by the Employer during this time.
23.06. Nothing in this agreement shall prevent the giving of a lesser period of notice
by either party where it is mutually agreed.
23.07. Upon termination of the Employee’s employment for whatsoever reason, the
Employee will promptly return to the Employer any property belonging to the
Employer/School or any third party held by the Employee on behalf of the
Employer/School. This includes but is not limited to, equipment, documents (in
whatever material form) disks, computer programs, or any other form of
storage media, all copies of the same, or any laptop, mobile phone, keys or
other equipment in the Employee’s possession.
23.08. It is a fundamental term of the Employee’s employment that the Employee has
made full, accurate and appropriate disclosure in reply to questions asked or
information sought during the recruitment process relating to any child
welfare/protection issues. If it transpires, during the course of the Employee’s
employment, that the Employee has not made such full, accurate and
appropriate disclosure, the failure to make such disclosure will be treated as a
fundamental breach of this contract of employment, which may lead to
disciplinary action, up to and including dismissal.
23.09. The Employee’s appointment/employment is subject to satisfactory vetting
outcome(s).
23.10. Without prejudice to the above the employment contract will terminate upon
the cesser of the specified purpose for which the Employee was employed.

24.00. GRIEVANCE PROCEDURE

24.01. In the interest of fairness and justice, and to ensure the proper conduct of the
Employer’s/School’s business, certain provisions to deal with matters of
grievance are necessary, as follows:
24.02. If the Employee has any grievance which s/he considers to be genuine in any
respect regarding his/her employment, the Employee has a right to a hearing
by the School Principal as the circumstances warrant. If the Employee is
unhappy with the outcome of the hearing s/he may appeal to the Chairperson
of the Board of Management. The Employee may be accompanied by a
person of his/her choice or union representative at this appeal hearing.
24.03. In the event of the matter not being resolved internally the matter shall be
referred through normal industrial relations procedures.

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24.04. The procedure referred to above shall include reference to a Rights
Commissioner, the Labour Court, the Employment Appeals Tribunal or the
Equality Officer, as appropriate.
24.05. It is agreed that no strike, lock-out or any other form of industrial action shall
be taken by either party until the within procedures have been exhausted.

25.00. INTERNET/EMAIL POLICY

25.01. The Employer is entitled to monitor e-mails and internet usage by the
Employee.
25.02. The Employer may dismiss the Employee should s/he engage in prohibited
conduct or if s/he engages in any conduct relating to internet usage or e-mails
which results in loss to the Employer/School.
25.03. The Employee may not use the Employer’s/School’s e-mail or internet facilities
for personal use.
25.04. The Employee may not circulate e-mails or utilise the internet which may
expose the Employer/School to charges of discrimination, harassment, libel or
defamation.
25.05. The Employee may not circulate e-mails or utilise the internet which may
expose the Employer/School to charges of breach of the Data Protection Act,
breach of copyright or other intellectual property rights.
25.06. The Employee may not create e-mails or utilise the internet which may result in
inadvertent formation of contracts.
25.07. The Employee may not engage in internet usage or circulate e-mails which
may be in breach of the Child Pornography and Obscenity Laws.
25.08. The Employee may not circulate e-mails or utilise the internet which results in
the unauthorised copying or sending of confidential information of the
Employer/School.

26.00. GOVERNING LAW

26.01. The Employee’s employment shall at all times and in all respects be governed
by the laws of Ireland and subject to the exclusive jurisdiction of the Irish
courts.

27.00. WAIVER

27.01. A waiver by either party of any breach by the other party of any of the terms,
provisions or conditions of this contract or the acquiescence of such party in
any act (whether of commission or omission) which but for such acquiescence
would be a breach as aforesaid shall not constitute a general waiver of such
term, provision or condition or of any subsequent act contrary thereto.

28.00. SEVERANCE CLAUSE

28.01. Clause headings herein are for convenience and use of reference only and
shall not affect the meaning, interpretation and construction thereof. Each
clause of this agreement is deemed to be separate, severable and
independent of any other clause thereof. In the event that any covenant or
provision herein shall be determined to be void or unenforceable in whole or in

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 part for any reason whatsoever such unenforceability or invalidity shall not
affect the enforceability or validity of the remaining covenants or provisions or
parts thereof contained in this contract and such void or unenforceable
covenants or provisions shall be deemed to be severable from any other
covenants or provisions or parts thereof herein contained.

29.00. ENTIRE AGREEMENT

29.01. This agreement embodies the entire agreement and understanding between
the parties hereto.

IN WITNESS WHEREOF the parties hereto have signed this Agreement in the
manner hereinafter appearing as of the day and year first above written.

SIGNED for and on behalf of the Employer Witness:

by

SIGNED by the Employee: Witness:

THIS CONTRACT IS TO BE SIGNED IN DUPLICATE BY THE EMPLOYEE AND

THE EMPLOYER AND ONE COPY GIVEN TO THE EMPLOYEE AND ONE COPY
RETAINED BY THE BOARD OF MANAGEMENT-DELETE THIS DIRECTION.

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The duties referred to are merely to give guidance to schools. The list of duties
should be tailored to meet the school’s own requirements- DELETE THIS
DIRECTION.
JOB DESCRIPTION OF SCHOOL SECRETARY
In addition to the listed duties the Secretary will undertake other duties pertaining to
the role as may be decided/directed by the School Principal and/or the Board of
Management and/or as may be dictated by the needs of the Employer/School. It is
expected that the Secretary will, on his/her own initiative, identify tasks/duties that
need to be carried out as part of the role subject to the authorisation of the School
Principal/Board of Management as appropriate.

The duties listed are not intended to be exhaustive or exclusive

1.00. Such duties as are appropriate to the position as may be assigned from time to
time and will include but are not limited to:
1.01. General administration duties.
1.02. Checking and examining documents, accounts, forms, claims etc. for
accuracy and consistency as directed.
1.03. Typing correspondence, forms, minutes, letters, memos etc. as directed
1.04. Filing of documentation.
1.05. Acting as the first point of contact.
1.06. Answering the phone and dealing with queries as directed.
1.07. Arranging meetings as directed.
1.08. Maintaining School Principal’s appointments diary.
1.09. Preparing orders, requisitions etc. for signature.
1.10. Making and/or checking arithmetical calculations in accordance with clear-cut
instructions.
1.11. Issuing of receipt and recording of cash received in the case of minor
transactions.
1.12. Compiling statistics, abstracting and summarising information in accordance
with straightforward and well-established procedures, e.g. the preparation of
estimates of cost and returns.
1.13. Opening, distribution and sending of post, emails etc. as directed.
1.14. Maintaining stocks of office stationery etc.
1.15. Operating office machines.
1.16. Maintaining inventory of School property.
1.17. Photocopying/laminating
1.18. Message taking and delivery of same.
1.19. Logging onto and inputting data into the DES on line system as directed by the
School Principal
1.20. Communicating with parents (Text-a-Parent, website, notice boards etc.) re
school closures etc. as directed by the School Principal
1.21. Maintaining up to date records e.g. pupil/parent contact details
1.22. Inputting data as directed.

© CPSMA 2010

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