User Preferences

  • Language - en | ga
  • text size >>
  • make this your indymedia front page make this your indymedia front page

Blog Feeds

Spirit of Contradiction

offsite link Of Tankies, Trots and Social Democrats Thu May 12, 2016 23:41 | Gavin Mendel-Gleason

offsite link Avatars of the Advanced-Capitalist Psyche – Capitain America: Civil War Mon May 09, 2016 00:07 | Gavin Mendel-Gleason

offsite link Wailings about Left Unity Sat Feb 13, 2016 01:13 | James O'Brien

offsite link The Bern Manifesto: Why I am Voting for Bernie Sanders Wed Jan 27, 2016 23:59 | Jerome Nikolai Warren

offsite link Kautsky – The crisis of capitalism and the shortening of working time Mon Nov 09, 2015 22:34 | James O'Brien

Spirit of Contradiction >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Broadcaster George Hook accuses politicians of tax evasion

offsite link The toxic link between police and politics Anthony

offsite link The cesspool that is Irish politics Anthony

offsite link Finian McGrath cashes in his principles Anthony

offsite link Vincent Browne: Blind to what’s coming down the road Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link Examining American Exceptionalism Wed May 25, 2016 13:42 | The Saker
By Stephen J. Bergstrom On the surface, American exceptionalism appears to represent a boldly-stated concept but when contrasted to the subtleties of personal experience, the lessons and flow of history

offsite link Kiev Junta?s victims sue Ukraine for hundreds of millions in ECHR, by Scott Tue May 24, 2016 23:50 | Scott
Ukraine SITREP May 25, 2016   Since the beginning of the week the biggest news has been information released by Vladimir Markin, Head of Media Department of the Investigative Committee

offsite link International Military Review ? Syria & Iraq, May 24, 2016 (+ funny article!) Tue May 24, 2016 18:00 | The Saker
https://southfront.org/international-... Addendum: check out this funny article too: https://southfront.org/southfront-is-... Note by the Saker: as a longtime wannabe “Putin agent” I am jealous of SouthFront!  Considering the superb performance of the

offsite link Moveable Feast Cafe 2016/05/24 ? Open Thread Tue May 24, 2016 15:00 | Herb Swanson
2016/05/24 14:00:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

offsite link Beware what you wish for: Russia is ready for war Tue May 24, 2016 14:52 | The Saker
by Pepe Escobar for RT So foreign ministers from the 28 NATO member-nations met in Brussels for a two-day summit, while mighty military power Montenegro was inducted as a new

The Saker >>

Human Rights in Ireland
www.humanrights.ie

offsite link Minority Government, Human Rights, and the Opportunity for Constitutional Dialogue Fri May 06, 2016 11:36 | Ntina Tzouvala

offsite link Intensifying the glare of the United Nations? spotlight Wed May 04, 2016 06:46 | GuestPost

offsite link PhD studentships at DCU Fri Apr 29, 2016 17:15 | Eoin Daly

offsite link The Role of Sport in the Recognition of Transgender and Intersex Rights Mon Apr 11, 2016 10:54 | Eoin Daly

offsite link Call for Papers: ?International and Comparative Law in the 21st Century: Lessons learned?? Wed Mar 23, 2016 17:58 | GuestPost

Human Rights in Ireland >>

ECJ upholds IMPACT case for fixed-term workers' equality

category national | worker & community struggles and protests | news report author Tuesday April 15, 2008 16:49author by Stuart Report this post to the editors

European Court of Justice upholds the judgement by Rights Commissioner Janet Hughes

The union IMPACT brought a case on behalf of 91 civil servants under the European Directive on the protection of fixed-term workers, implemented as the Protection of Employees (Fixed Term Workers) Act 2003 in Ireland. The case demands of equality of treatment with comparable established colleagues and of extension of retrospective benefits to 2001, the date agreed to by the state as a signatory to the Directive, rather than 2003 when the Act was finally signed.

Fixed-term workers are entitled to equality of treatment with respect to pay, benefits (leave, pensions, increments, holiday pay etc), working conditions, promotion, training and opportunities. In effect a worker becomes "established" or permanent after four years' service because the contract subsequent to the third year must be of indeterminate duration or a final year - perpetual contract work is no longer acceptable. The IMPACT members were denied both equality of treatment and retrospective pension contributions upon the signing of the Act, for which the government had ample time to make provision after the agreement in 1999.

The government retains at present an appeal against the judgement of Janet Hughes that the principle of direct effect entitles European Citizens to the full protection of European legislation to which their government has subscribed, irrespective of the failure of the government to transcribe those rights into law. The government's appeal rests on a claim that a Rights Commissioner has no jurisdiction to make such a finding and may pursue a High or Supreme Court appeal. Whilst the finding relates specifically to "public employees" (in the widest sense, encompassing employees of all "emanations of the State" such as schools and public health workers), it effectively defines the extent of the rights under the Act for all private employees as well.

The ECJ judgement is in an important step towards enforcing workers' rights to which the government has subscribed, and an important precedent throughout the European Union.

ECJ judgement: http://www.impact.ie/iopen24/pub/pub/downloads/cs/G33-3...3.pdf
IMPACT press release: http://www.impact.ie/iopen24/pub/newsdesk_info.php?news...d=116
Fixed-term workers Act: http://www.entemp.ie/publications/employment/2003/prote...s.pdf

Related Link: http://www.impact.ie/iopen24/pub/newsdesk_info.php?news...d=116
author by PS Workerpublication date Wed Apr 23, 2008 11:46Report this post to the editors

As a PS worker, my only question is "when will I see the big, fat deposit in my pension fund"? Everyone has ruled that we are owed pension contributions throughout our public service. I saved up my own contributions, but the judgements actually say the government will have to pay these too. We had a big to-do when a lot of us got back-increments and were put onto the pension scheme, but it still isn't equal to permanent staff.

 
© 2001-2016 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy