User Preferences

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

Blog Feeds

Irish Left Review
Joined up thinking for the Irish Left

offsite link Bin Charges: From Private Circus to Public Service Tue Jun 21, 2016 12:38 | Michael Taft

offsite link Beyond Grexit & Brexit, Advocating an Irish and a British role in solving Europe... Tue Jun 21, 2016 12:18 | Tony Phillips

offsite link Hardship never lasts forever? Wed May 04, 2016 15:50 | Raymond Deane

offsite link DDCI calls on New Government to Strictly Regulate Vulture Fund Acquisitions Wed May 04, 2016 15:22 | Irish Left Review

offsite link Warning: Ultra-Low Spend Economy Ahead Wed May 04, 2016 11:59 | Michael Taft

Irish Left Review >>

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 Is this why the charity sector is not regulated?

offsite link Console: Just the latest in long line of charity scandals Anthony

offsite link Irish Examiner compares water protesters with Provisional IRA Anthony

offsite link RTE: A mouthpiece for a corrupt regime? Anthony

offsite link Newstalk responds to complaint Anthony

Public Inquiry >>

NAMA Wine Lake

offsite link Farewell from NWL Sun May 19, 2013 14:00 | namawinelake

offsite link Happy 70th Birthday, Michael Sun May 19, 2013 14:00 | namawinelake

offsite link Of the Week? Sat May 18, 2013 00:02 | namawinelake

offsite link Noonan denies IBRC legal fees loan approval to Paddy McKillen was in breach of E... Fri May 17, 2013 14:23 | namawinelake

offsite link Gayle Killilea Dunne asks to be added as notice party in Sean Dunne?s bankruptcy Fri May 17, 2013 12:30 | namawinelake

NAMA Wine Lake >>

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