User Preferences

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

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Formal complaint against RTE for bias

offsite link Water protester convicted on trumped up charge Anthony

offsite link The people now know what you are Mr. Ross Anthony

offsite link Independents must decide: The people or the corrupt political system Anthony

offsite link Independent Alliance TDs must decide: The people or the corrupt regime Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link Superficiality as a Path to God: on conflating contemporary violent groups with historical Sunnism Mon Sep 26, 2016 14:05 | The Saker
Note by the Saker: I was recently contacted by a reader of this blog who, while praising the overall contents of the blog, also expressed regret at what he perceived

offsite link The U.S. Removed the Truce in Syria Sun Sep 25, 2016 22:55 | The Saker
by Anna Jaunger On Monday, Sep 19, there was an attack on a joint convoy of the UN and the Syrian Arab Red Crescent (SARC) near the area of Urum

offsite link A Muslim police officer dies a hero?s death and receives Russia?s highest honorary title ?Hero of Ru... Sun Sep 25, 2016 21:00 | The Saker
The video below is an excerpt of a recent one hour long tribute on Russia TV to a 30 year old officer of the Ministry of Internal Affairs, Magomed Nurbagandov. 

offsite link Moves and Counter Moves Sun Sep 25, 2016 13:17 | Saker-Admin
This comment was chosen by Mod-FK from the post “Why the recent developments in Syria show that the Obama Administration is in a state of confused agony” Mod-FK had this

offsite link The US and Syria SitRep September 24th, 2016 by Auslander Sat Sep 24, 2016 19:51 | Scott
The war in Syria is in fact a war between US and RF in microcosm. Russia Armed Forces have demonstrated masterful tactical skill and her diplomats have shown they are

The Saker >>

Human Rights in Ireland
www.humanrights.ie

offsite link Benefit Sanctions and Coercion Within the Irish Welfare System Thu Sep 22, 2016 13:38 | Cliodhna Murphy

offsite link The rights of the unborn: a troubling decision from the High Court? Wed Aug 10, 2016 12:42 | Máiréad Enright

offsite link Progress Report on the Northern/Irish Feminist Judgments Project. Mon Jul 11, 2016 13:40 | admin

offsite link The UN and the Eighth Amendment Thu Jun 23, 2016 09:46 | admin

offsite link Call for Papers: State Accountability for Vulnerability Mon Jun 20, 2016 12:29 | admin

Human Rights in Ireland >>

Cedar Lounge
For lefties too stubborn to quit

offsite link A fake choice? 12:01 Mon Sep 26, 2016 | WorldbyStorm

offsite link Saoradh? 10:58 Mon Sep 26, 2016 | WorldbyStorm

offsite link Tip-offs 08:24 Mon Sep 26, 2016 | WorldbyStorm

offsite link An Teoiric ? Theoretical Journal of the Republican Movement (Official Sinn Féin), No 1, Summer 1971. 06:54 Mon Sep 26, 2016 | WorldbyStorm

offsite link The greatest record sleeves? 13:44 Sun Sep 25, 2016 | WorldbyStorm

Cedar Lounge >>

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