PART II
APPOINTMENT AND EMPLOYMENT OF TEACHERS
Registration of Teachers
SECTION
47. Teachers to be registered.
48. Teachers' Register.
49. Publication of Register.
50. Removal of name from Teachers' Register on death.
51. Removal of name from Teachers' Register for gross misbehaviour.
52. Notification of removal of name from register.
THE TEACHING SERVICE
53. Teaching Service established Classification, First Schedule.
54. Members of the teaching service-appointments.
55. Terms and conditions of certain persons.
56. Remuneration orders.
57. Increments.
58. Tenure of office.
59. Term appointments.
60. Resignation.
61. Private undertakings by members of the Teaching Service.
TERMINATION
62. Modes of leaving service.
63. Duties of Personnel Department.
Consideration of recommendation on pay rates.
Consultation with organisations.
64. Department in negotiations subject to direction of Minister of Finance.
65. Consultation with association of members of the Teaching Service
66. Where no agreement reached on proposals of association.
67. Department to submit proposals to association for approval.
68 Agreement reached with Department.
69. Disputes to be referred to Special Tribunal.
70. Power of Special Tribunal.
71. Awards to be binding on parties for fixed periods.
ASSOCIATIONS OF MEMBERS OF THE TEACHING SERVICE
72. Definitions.
73. Representation of members of Teaching Service.
74. Regulations governing recognition.
75. Association to make rules.
Teachers to be Registered
47. (1) Subject to this Act, no person is eligible to be appointed to be, or to continue to be, a teacher, unless his name is registered in the Register of Teachers hereinafter required to be kept.
(2) Subsection (1) shall be construed as requiring persons who are appointed temporarily, or in any probationary capacity, to positions as teachers to be registered; and any person whose registration has been cancelled on the grounds set out in section 51 shall not be appointed temporarily to a position as a teacher unless his name has been reinstated on the register.
Teachers' Register
48. (1) The Minister shall keep, in such manner as may be prescribed, a register of teachers, which shall be known as the Teachers' Register.
Ch. 14 No.1 (1950 Ed.)
(2) All teachers who have been registered under the former Education Ordinance at the commencement of this Act, shall be deemed to be registered under this Act.
(3) The names of the following persons shall be entered by the Minister in the Teachers' Register—
(a) every person whose name is not for the time being on the Teachers' Register but who is the holder of a teacher's certificate recognised in accordance with Regulations made under this Act and who applies to be registered;
(b) every person to whom is issued on or after the commencement of this Act any such teacher's certificate;
(c) every person who applies in the prescribed manner to be registered and who satisfies the Minister that he has the prescribed qualifications and is in other respects a fit and suitable person to be appointed as a teacher;
(d) every person who at the commencement of this Act is employed as a teacher in a public or private school.
(4) A person who is refused registration for any reason may, within forty-two days of the date of the refusal, appeal in the manner prescribed in the case of the cancellation or registration by section 51, the provisions of which shall apply so far as they are applicable and with the necessary modifications.
Publication of Register
49. A copy of the Teachers' Register, corrected to a date specified in that copy, shall be published in the Gazette within twelve months after the date of the commencement of this Act; and thereafter there shall be published in the Gazette from time to time a supplementary list of names added to the Teachers' Register subsequently to the date of the last publication of any names.
Removal of Name from Teachers' Register on Death
50. On the death of a teacher registered as such on the Teachers' Register, the Minister shall cause his name to be Teachers' removed from the Teachers' Register, and no notice of removal thereof shall be required to be published.
Removal of Name from Teachers' Register for Gross misbehaviour
51. (1) If a teacher in a public school has been found by the Teaching Service Commission to be guilty of gross misbehaviour, or gross inefficiency or other conduct unfitting him for employment as a teacher, the Minister may, upon so notifying such person in writing, cancel the registration of that person and remove his name from the Teachers' Register.
(2) In the case of a teacher in a private school the Minister may cause an inquiry to be held at which the teacher shall have the right to be represented by some other person or by counsel or solicitor, and if the teacher is found guilty of any such conduct as is mentioned in subsection (1), the Minister may cancel the registration of that person and remove his name from the Teachers' Register, and shall notify the person in writing of the cancellation.
(3) A teacher in a private school receiving notice of the cancellation of his registration as aforesaid, may, at any time before the date on which the cancellation takes effect, appeal in the prescribed manner against the cancellation.
(4) The appeal shall be heard and determined by a Judge in Chambers.
(5) On any such appeal the appellant and the Minister, as respondent, may appear personally, or may be represented by some other person or by counsel or solicitor.
(6) The Judge in Chambers shall make such order as he thinks proper, having regard to the merits of the case and the public welfare.
Ch. 4:01
(7) An appeal shall lie to the Court of Appeal, within such time as may be fixed by Rules of Court made by the Rules Corn- Ch. 4:01. mittee under section 76 of the Supreme Court of Judicature Act from any determination by a Judge in Chambers upon appeal under subsection (3), and the determination of the Court of Appeal shall be final.
(8) If an appeal to a Judge in Chambers or to the Court of Appeal, as the case may be, is not made, or, if made, is dismissed by the Judge in Chambers or by the Court of Appeal, respec- tively, the cancellation of the certificate and registration shall take effect as from the date specified by the Minister in his notice of cancellation.
(9) A certificate under the hand of the Minister shall be sufficient evidence in any Court of the cancellation of registration of a teacher.
Notification of Removal of Name from Register
52. Where the name of any person has been removed from the Teachers' Register for gross misbehaviour, or for gross ineffi- ciency or other conduct unfitting him for employment as a teacher, a notice of the removal shall be published in the Gazette.
THE TEACHING SERVICE
Teaching Service established Classification, First Schedule [6 of 1970]
53. (1) For the purposes of the school system established by section 12, there is hereby established a unified Teaching Service, which shall comprise—
25 0f 1968
(a) all teachers appointed before the commencement of the Trinidad and Tobago Constitution (Amendment) Act 1968 (that is, 13th August 1968);
(b) all teachers deemed under section 54(1) to be appointed members of the Teaching Service;
(c) all teachers appointed by the Teaching Service Commission after the commencement of the Act referred to in paragraph (a);
(d) persons who are holders of any administrative office set out in Division I of the First Schedule, [First Schedule]
(2) The President may by Order add to, vary or amend the Classification of Offices in the Teaching Service set out in the First Schedule. [First schedule].
(3) The Classification of Offices in the Teaching Service set out in the First Schedule, shall be the basis hereafter for any Classification Order made under this section. [First schedule].
(4) The classification title prescribed shall be observed in all records and communications of the appropriate Commission, the Auditor General and the Treasury and in all departmental estimates and parliamentary returns and appropriations.
Members of the teaching service – appointments. [6 of 1970]
54. (1) Subject to this section, upon the commencement of this Act the following persons shall be deemed to be appointed members of the Teaching Service—
(a) all teachers within the meaning of the School Teachers' Pensions Act;[Ch 39:02]
(b) teachers within the meaning of the former Education Ordinance and who are employed in full-time service as such a teacher in any Government or assisted school;
(c) teachers in Government or assisted schools whose names are required to be registered by section 48(3)(d).
(2) Subsection (1) shall be read and construed as excluding any teacher who, by virtue of the terms of his employment with the authority who controlled the assisted school, was employed for a specified period or upon such terms and conditions as are inconsistent with the terms and conditions applicable to a person who holds office in the Teaching Service under this Act and the Regulations.
Terms and conditions of certain persons. [6 of 1970]
55. Notwithstanding anything to the contrary in this Part, but subject to sections 124 to 127 of the Constitution—
(a) the terms and conditions applicable to civil servants under the Civil Service Act and any Regulations made thereunder shall apply to persons referred to in section 53(l)(d); [Ch 23:01].
(b) section 24 of the Civil Service Act shall apply as if the holders of the several posts referred to in section 53(l)(d) held public office in the public service that by section 3(1) of the Civil Service Act is deemed to be an office in the Civil Service.
Remuneration Orders
56. (1) The President may by Order—
(a) determine the pay in respect of an office in a grade;
(b) establish the allowances that may be paid in addition to pay;
(c) give effect to any agreement entered into between the Chief Personnel Officer on behalf of the Minister of Finance and the appropriate recognised association; and
(d) give effect to an award made by the SpecialTribunal.
(2) Any order made in respect of the matters specified in subsection (l)(a) and (b) shall be referred to as a Remuneration Order.
Increments
57. Except where the contrary is otherwise provided in a Remuneration Order, increases of pay that may be granted in respect of an office in a grade in accordance with the Remunera- tion Order shall be annual, so however, that no increase of pay shall be made in respect of an office in a grade in which the member of the Teaching Service performing the duties of such office has not completed a period of twelve months continuous duty in such office.
Tenure of Office
58. A member of the Teaching Service shall hold office subject to this Act and any other written law, and unless some other period of employment is specified, for an indeterminate period.
Term Appointments
59. A person who is appointed to an office in the Teaching Service for a specified period shall cease to be a member of the Service at the expiration of that period.
Resignation
60. A member of the Teaching Service who intends to resign his office shall give such period of notice as may be prescribed by Regulations.
Private Undertakings by Members of the Teaching Service
61. (1) A member of the Teaching Service may not engage in any business or trade or pursue any other activities for gain or reward without the permission in writing of the Public Service Commission to do so.
(2) A member of the Teaching Service shall, during the school hours prescribed by Regulations made under this Act, devote his full time to teaching in the public school to which he is assigned and no member of the Teaching Service may teach or be required by any Principal or Board of Management to teach in a private school.
TERMINATION
Modes of Leaving Service
62. The modes by which a member of the Teaching Service may leave the Teaching Service are as follows:
(a) on dismissal or removal in consequence of discipli- nary proceedings;
(b) on compulsory retirement;
(c) on voluntary retirement;
(d) on retirement for medical reasons;
(e) on resignation;
(f) on the expiry or other termination of an appointment for a specified period;
(g) on the abolition of office;
(h) in the case of a member of the Teaching Service on probation, on the termination of appointment;
(i) in the case of a member of the Teaching Service holding a non-pensionable office with no service in a pensionable office, on the termination of appointment.
Duties of Personnel Department. [45 of 1979]
63. (1) The Personnel Department shall in relation to the Teaching Service have the following duties—
(a) to maintain the classification of the Teaching Service and to keep under review the remuneration payable to members of that Service;
(b) to administer the general Regulations respecting the Teaching Service;
(c) to provide for and establish procedures for consultation and negotiation between the Department and an appropriate recognised association or associa- tions in respect of—
(i) the classification of offices;
(ii) any grievances;
(iii) remuneration;
(iv) the terms and conditions of employment.
(2) The Minister of Finance may from time to time make recommendations with regard to remuneration to be paid to members of the Teaching Service.
Consideration of recommendations on pay rates
(3) The Minister of Finance shall, before making recommendations on remuneration under subsection (2)—
(a) consider the requirements of the Teaching Service;
(b) take into account the rates of pay and other terms and conditions of employment prevailing in Trinidad and Tobago for similar work outside the Teaching Service, and the relationship of the duties of the various grades within the Teaching Service; and
(c) be guided by the considerations set out in section 20(2)(a) to (f) of the Industrial Relations Act. [Ch. 88:01]
Consultation with Organisations
(4) Prior to formulating any recommendations under sub- section (2), the Minister of Finance may require the Personnel Department to consult with representatives of the appropriate recognised association with respect to the matters specified in subsection (1).
Department in Negotiations Subject to Direction of Minister of Finance. Ch. 23:01
64. Notwithstanding section 13(1) of the Civil Service Act, in the exercise of its duties and functions under sections 63, 65, 66, 67 and section 68(1) thereof the Personnel Department shall be subject to the direction of the Minister of Finance.
Consultation with Association of Members of the Teaching Service
65. The Personnel Department shall, from time to time, con- sult with representatives of the appropriate recognised associa- tion with respect to the matters specified in section 63, at the request of such representatives or whenever in the opinion of the Minister of Finance such consultation is necessary or desirable.
Where no agreement reached on proposals of Association.
66. Where the Personnel Department consults and negotiates with representatives of the appropriate recognised association with respect to matters specified in section 62 at the request of such representatives, and the Personnel Department and the appropriate recognised association are, within twenty-one days of the commencement of such consultation and negotiation, or within such further period as may be agreed upon, unable to reach agreement on any matter, the Personnel Department or the appropriate recognised association shall report the matter on which no agreement has been reached to the Minister of Finance and on such report being made a dispute shall be deemed to exist as to such matter.
Department to submit proposals to association for approval
67. Where the Personnel Department before making proposals with respect to matters specified in section 63 does not consult with representatives of the appropriate recognised association, the Personnel Department shall submit the proposals to the appropriate recognised association for consideration and agree- ment, save that where the Personnel Department and the appro- priate recognised association are, within twenty-one days of the submission of the proposals as mentioned above, or within such further period as may be agreed upon, unable to reach agreement on any matter, the Personnel Department or the appropriate rec- ognised association shall report the matter on which no agree- ment has been reached to the Minister of Finance, and on such report being made a dispute shall be deemed to exist as to such matter.
Agreement reached with Department
68. (1) Where the Personnel Department and the appropriate recognised association reach agreement on any of the matters specified in section 63 after consultation and negotiation in accordance with section 66 or 67, the agreement shall be recorded in writing and shall be signed by the Chief Personnel Officer on behalf of the Minister of Finance and by a person designated by the appropriate recognised association on behalf of the association.
(2) Any agreement recorded and signed in accordance with subsection (1) shall be binding upon the Government and the members of the Teaching Service to whom the agreement relates.
Disputes to be referred to Special Tribunal
69. (1) Where a dispute is deemed to exist under section 66 or 67, the Minister shall refer the dispute for settlement to the Special Tribunal within twenty-one days from the date on which the dispute was reported to him.
(2) Where the Minister fails to refer the dispute to the Special Tribunal within the time specified in subsection (1) the appropriate recognised association that is a party to the dispute shall do so within twenty-one days from the date of the expiration of the time specified in subsection (1).
(3) For the purposes of this Act the parties to a dispute shall be the Chief Personnel Officer and the appropriate recognised association.
Power of Special Tribunal [45 of 1979]
70. (1) The Special Tribunal shall hear and determine any dispute referred to it under section 69 and shall make an award on the dispute.
(2) An award made by the Special Tribunal shall be final.
Ch. 88:01
(3) In addition to taking into account any submissions, arguments and evidence presented or tendered by or on behalf of the appropriate recognised association and the Chief Personnel Officer, the Special Tribunal in its judgment shall be guided by considerations set out in section 20(2)(a) to (f) of the Industrial Relations Act.
Awards to be binding on parties for fixed period
71. (1) An award made by the Special Tribunal under section 70 shall be binding on the parties to the dispute and on all mem- bers of the Teaching Service to whom the award relates and shall continue to be binding for a period to be specified in the award, being a period of not less than five years from the date upon which the award takes effect.
(2) The Special Tribunal may with the agreement of the parties to an award review such award at any time after the expiry of the third year.
ASSOCIATIONS OF MEMBERS OF THE TEACHING SERVICE
Definitions
72. In this Part and in section 2—
"class" means the division into which an office is assigned by Regulations made by the President under section 85 and includes any category or categories of offices assigned to a division;
"existing association" means the Trinidad and Tobago Teachers' Union, and any other trade union or organisation recognised immediately before the commencement of this Act as the bargaining body for any class or classes of teachers who by virtue of this Part become members of the Teaching Service.
Representation of members of Teaching Service
73. (1) Every existing association may continue to represent any class or classes of members of the Teaching Service and, subject to this Act, shall be recognised by the Minister of Finance as the appropriate association for the purpose of consultation and negotiation in respect of any of the matters specified in section 63 and any other matters concerning such members of the Teaching Service.
(2) Members of the Teaching Service may form associa- tions, and such associations shall, subject to this Act and the Regulations, be recognised by the Minister of Finance as appropriate associations for consultation and negotiation in respect of any of the matters specified in section 63 and any other matters concerning such members of the Teaching Service.
(3) For the purposes of recognition by the Minister, an association formed pursuant to subsection (2) or, an existing association, may be representative of any class or classes of members of the Teaching Service, but may not be representative of any class or classes of members of the Teaching Service already represented by an appropriate recognised association; and an association formed pursuant to subsection (2) or an existing association may not admit to its membership a member of the Teaching Service who is a member of an appropriate recognised association.
(4) The Minister of Finance shall withdraw recognition from an appropriate recognised association that contravenes any of the requirements of subsection (3).
(5) An association formed pursuant to subsection (2) may not be registered as a trade union.
Regulations governing recognition
74. The President may make Regulations setting out the condi- tions to be satisfied and the procedure to be adopted for the recognition by the Minister of Finance of existing associations and of associations formed pursuant to section 73(2).
Associations to make rules.
75. (1) Every association formed pursuant to section 73(2) and every existing association shall make rules providing for the good government of the association and for carrying out the objects of the association and with respect to such rules the following shall have effect:
Second Schedule
(a) the rules shall contain provisions in respect of the several matters mentioned in the Second Schedule:
(b) a copy of the rules and of every amendment thereof shall be delivered by the association to every member of the Teaching Service who is a member of that association on demand on payment of the prescribed sum.
(2) The Rules of the association shall be filed with the Registrar General.
(3) Amendments to the Rules of an association shall be filed with the Registrar General and shall have effect from the date of such filing unless some later date is specified from which they shall have effect. |