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Irish Left Review
Joined up thinking for the Irish Left

offsite link New Books Worth Reading Mon Sep 19, 2016 23:25 | Seán Sheehan

offsite link 13 Billion ? Lucky for some? Mon Sep 05, 2016 13:04 | Tony Phillips

offsite link Rebuilding Ireland: Long on Promise, Short on Detail Mon Aug 29, 2016 22:20 | Eoin O'Mahony

offsite link Brexit and Other Issues: Comments on the Current Situation Mon Aug 29, 2016 21:52 | Brendan Young

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

Irish Left Review >>

Spirit of Contradiction

offsite link Review: Do Religions Evolve? Mon Aug 14, 2017 19:54 | Dara McHugh

offsite link Fake News: The Epistemology of Media Wed Jun 07, 2017 11:52 | Gavin Mendel-Gleason

offsite link Officials and Provisionals Sat Apr 01, 2017 22:54 | James O'Brien

offsite link Interview with Cathal Goulding Mon Dec 26, 2016 17:11 | Cathal Goulding

offsite link Trump, Russia and the CIA Sat Dec 10, 2016 18:23 | Gavin Mendel-Gleason

Spirit of Contradiction >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Garda corruption: the stripped down truth

offsite link Will Pat Hickey turn up for his trial? Anthony

offsite link Garda breath tests letter Anthony

offsite link Daniel McConnell: Happy to wear establishment blinkers Anthony

offsite link State failing in its duty to enforce law Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link Syria War Report ? October 19, 2017: U.S. Blames Assad For ?Hindering? Its Anti-ISIS Efforts Thu Oct 19, 2017 16:54 | Scott
https://southfront.org/syria-war-repo... If you?re able, and if you like our content and approach, please support the project. Our work wouldn?t be possible without your help: PayPal: southfront@list.ru or via: http://southfront.org/donate/ or via: https://www.patreon.com/southfront The Syrian Arab Army

offsite link LIVE: Putin, ex-Afghan President Karzai & Alibaba founder Jack Ma speak in Valdai Club discussion pa... Thu Oct 19, 2017 15:48 | Scott
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offsite link Mohamed Bin Salman?s Do or Don?t Dilemma Thu Oct 19, 2017 05:12 | The Saker
by Ghassan Kadi Much has been said about the Saudi Crown Prince Mohamed Bin Salman (aka MBS), and most of it, has been in the form of criticism from different

offsite link Socialism, Land and Banking: 2017 compared to 1917 Thu Oct 19, 2017 05:07 | The Saker
by Michael Hudson Socialism a century ago seemed to be the wave of the future. There were various schools of socialism, but the common ideal was to guarantee support for

offsite link Syria War Report ? October 18, 2017: Government Forces Cross Euphrates, Push Toward Omar Oil Fields Wed Oct 18, 2017 17:02 | Scott
https://southfront.org/syria-war-repo... If you?re able, and if you like our content and approach, please support the project. Our work wouldn?t be possible without your help: PayPal: southfront@list.ru or via: http://southfront.org/donate/ or via: https://www.patreon.com/southfront The Kurdish-dominated Syrian Democratic

The Saker >>

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.

 
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