Ministry accepts Ombudsman recommendation on LSE seniority for new recruits

The Education Ministry has announced that it will implement the Ombudsman's recommendation on the seniority of Learning Support Educators (LSEs), five months after the practice was found to be unlawful and discriminatory.

In a circular sent to employees on Tuesday, the ministry said that the seniority of LSEs recruited from now on will be determined in accordance with the procedure set out in Section 3.14 of the Manual on Resourcing Policies and Procedures of the Public Service.

"The Ministry fully recognises the value of the experience, professionalism and service provided by LSEs over the years, and believes that any solution should be built on principles of justice, respect and recognition of their contribution to the education system," the circular reads.

The ministry said it is still working to find "fair, transparent and sustainable solutions" for all currently employed affected officers. It said several meetings were held with the Malta Union of Teachers (MUT) over the past months, where various possibilities and proposals were discussed.

It is also offering a two-week period from the date of the circular for any interested person or party to submit their views, comments, proposals or any legal advice they deem relevant. Feedback sent will be considered before final decisions are made.

This follows an investigation by Education Commissioner Vincent De Gaetano within the Office of the Ombudsman, concluded last January, into a complaint filed by 329 LSEs in government service.

Under the system adopted by the ministry, LSEs who obtained new or higher qualifications were placed above their colleagues in seniority, regardless of length of service. The practice affected deployment and redeployment decisions in individual state schools.

The commissioner found that LSEs were the only educator grade subject to this form of ranking; it was not applied to teachers or kindergarten educators. No written policy, circular or legal instrument was produced to justify the practice.

De Gaetano ruled the system was "unlawful and discriminatory", concluded the complaint was "fully justified", and said the practice amounted to maladministration in terms of the Ombudsman Act. He recommended that the "illegal practice cease immediately" and that seniority for LSEs at all levels of the public service be determined strictly in accordance with the manual.

At the time, the ministry did not provide a substantive reply to the commissioner's queries, citing ongoing discussions with the MUT.

Contacted by MaltaToday, MUT president Marco Bonnici said the union had raised the seniority issue of LSEs with the ministry for years, in response to feedback from its members.

He pointed out that seniority does not fall within the agreement between the MUT and the ministry, since seniority is a management process.

Bonnici said the union has been informed that no conclusion has been reached by the ministry owing to the complexity of the issue, and that the ministry is currently consulting LSEs through a form that has been issued.