Croke Park v Contract

gerryirl

Does anyone know if the croke park deal supersedes your contract ie.

As a local authority worker can parts of the contract you signed when you started be changed without your consent

gerryirl

anyone come across this before ?

Reloc8

Your contract of employment is between your employer and yourself. You have what's called 'privity of contract' with them i.e. both you and your employer are entitled to rely on the provisions of the contract as describing your respective rights and obligations because you entered into an agreement with each other.

The Croke Park Agreement is an agreement between the Irish Government and the Public Sector Trade Unions. No individual person is entitled to rely on the provisions of Croke Park against their employer because its terms do not form part of a contract between the individual and their employer.

The terms of the Croke Park Agreement do not therefore supersede any contract of employment.

As regards changes to the contract of employment, there are many circumstances in which changes to terms of employment can be made. If somebody thought they were being unfairly treated by an employer they should speak with and take advice from union representatives and/or a solicitor as regards potential remedies.

Each case tends to turn on its own particular facts. The important thing is to take advice early as time limits can run against the aggrieved party.

gerryirl

Thanks alot for the detailed reply Reloc 8. Just out of interest are you a solicitor etc.

Your thinking is the same as mine in regard to the contract but the government still pays the wages of the Local authority worker so thats where the uncertainty is

I thought you could only change a contract if there was a change in law or there was an agreement between the employer and the employee