Legal advice: Teach without qualification
Unauthorized teachers who function well for years must suddenly obtain their authorization, the legal service has noticed. A teacher was even fired because, according to her employer, this was not done on time.
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Teachers sometimes teach for years without proper formal qualifications. Although the employee is performing well, the employer then suddenly wants to make agreements about obtaining the authorization. This is not nothing, because it can mean several years of study. The legal service has been frequently asked about this recently and such a case has recently been brought to court. A teacher in secondary education was fired because, according to her employer, she had not obtained her qualification in time.
Dismissal
This teacher had been employed since 2003. After the propaedeutic phase, she stopped her education. In 2011, the collective labor agreement for secondary education (CAO-VO) was amended: unauthorized teachers must obtain their legal authority within four years. The teacher will start training again in March 2014. Subsequently, the board fired her in August 2015, because she is not authorized.
In 2011, the collective labor agreement for secondary education (CAO-VO) was amended: unauthorized teachers must obtain their legal authority within four years.
The teacher appealed to the court, which ruled that the board was allowed to dismiss her because she did not obtain her license within four years. She is appealing to the Central Board of Appeal, which has a completely different opinion. The Council states that the collective labor agreement for secondary education relates to lecturers who are not yet tenured. However, the teacher in question did have a permanent appointment. The mere fact that she has no teaching qualification is therefore insufficient reason to dismiss her.
Facilitate
The Council states first of all that the Executive Board may require the lecturer to attain her teaching qualification, the lecturer does not dispute this either. She resumed her studies in March 2014 and thought she had two more years to complete her qualification. In addition, an employer is required to facilitate a teacher sufficiently in time and money. The Council has established that the school has not drawn up a study plan with time and facilities for the teacher. The Central Board of Appeal reverses the teacher's dismissal, so she is re-employed by the school board and is entitled to an additional salary payment.
It ended well for the teacher, but this case does show that teaching without (correct) authorization can mean that that authorization must still be obtained at a certain moment. Waiting for your employer to come up with that can mean that you have to take a compulsory study at a time that is not convenient. It is advisable to discuss this matter with your employer and to make good arrangements about facilities in terms of time and money.
This section is based on practical experience of AOblawyers.
