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ECJ upholds IMPACT fixed-term workers' case

  • 15-04-2008 3:22pm
    #1
    haz
    Closed Accounts Posts: 313 ✭✭


    The ECJ has upheld the case brought by IMPACT on behalf of 91 fixed-term civil servants for equality with comparable established workers. The government appeal to the original Rights Commissioner decision upholding these rights is still in place.

    Will the government now drop that appeal and uphold all rights of the EU Directive, back-dated to the Directive commencement date (2001)? Or will they insist on continuing the appeal (based on who has jurisdiction) to the High and Supreme Courts?

    ECJ judgement: http://www.impact.ie/iopen24/pub/pub/downloads/cs/G33-39j-3.pdf

    IMPACT press release: http://www.impact.ie/iopen24/pub/newsdesk_info.php?newsdesk_id=116


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Why, they'll fight it tooth and nail of course, they can afford to.

    To a government that is prepared to spend millions on legal fees rather than treat its workers properly I salute you!


  • #3
    haz
    Closed Accounts Posts: 313 ✭✭haz


    johnnyskeleton wrote: »
    To a government that is prepared to spend millions on legal fees rather than treat its workers properly I salute you!

    Well the Seanad (10/06/2003) did throw out Mr. O'Toole's amendment "(2) The Minister may by order provide for the commencement of this Act on a date earlier than the passing hereof where necessary to comply with Council Directive 1999/70/EC." on grounds of cost, even when all the legal advice was that the Act had to comply with the Directive commencement date.

    Interestingly, the press release only mentions a cost of 220,000 euro - I recall that the pension entitlements averaged about 27,000 or about 2.45 million, and of course this would be replicated across every state employment.

    Is this going the same way as the environmental protection directives, with a censure and a slap on the wrist for Ireland?


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    haz wrote: »
    Well the Seanad (10/06/2003) did throw out Mr. O'Toole's amendment "(2) The Minister may by order provide for the commencement of this Act on a date earlier than the passing hereof where necessary to comply with Council Directive 1999/70/EC." on grounds of cost, even when all the legal advice was that the Act had to comply with the Directive commencement date.

    Some people should not be allowed out in public, and unfortunately we seem to put them in the seanad to keep them out of harm's way.
    haz wrote: »
    Interestingly, the press release only mentions a cost of 220,000 euro - I recall that the pension entitlements averaged about 27,000 or about 2.45 million, and of course this would be replicated across every state employment.

    If you consider future employees as well, the cost is virtually impossible to measure.
    haz wrote: »
    Is this going the same way as the environmental protection directives, with a censure and a slap on the wrist for Ireland?

    It's going the same way with a lot of things - the Irish government is very cavalier when it comes to EU legislation. (see for example, the thread last year on SI 626/2006 on EU citizen spouses' rights of residence).


  • #5
    haz
    Closed Accounts Posts: 313 ✭✭haz


    johnnyskeleton wrote: »
    If you consider future employees as well, the cost is virtually impossible to measure.

    My mathematical skills are up to an estimate, having access to both the number of people employed in the state sector and their average salaries (www.cso.ie for instance) and the employer has exact figures - as they did in 1999 when they could have either not signed up to the Directive or taken a derogation, as three other states did, in order to build up sufficient contingency funding for the commencement date. I think inability to plan and incompetence spreads further than just the Seanad.

    I see now that most reports mention the 220,000 as "compensation" and refer to an undisclosed value for the seven years' backpay and pensions.

    I am surprised that this judgement has received so little coverage (just the Business Post mention of the date on Sunday and Newstalk announced the outcome yesterday), because the total value runs into several hundred million euro in pensions - taking a 12% contribution over 2 years for each fixed-termer amongst 104,600 Public Administration & Defence, 141,500 Education and 213,000 Health workers and assuming 10% were eligible fixed-termers at an average 28,000 salary would give a total of 300 million.


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