Civil servants’ contracts case referred to Europe

THE Labour Court is to seek advice from the European Court of Justice about issues raised in the State’s appeal against a finding that it had breached the rights of civil servants.

In a decision last February, the Rights Commissioner found that Government departments had flouted legal protections for civil servants on fixed-term contracts. It ordered a number of departments to pay compensation totalling €217,500, plus an undisclosed amount of back pay, to 91 civil servants on temporary contracts. The highest individual compensation awards were worth €40,000.

IMPACT trade union, which represents the staff, yesterday welcomed the Labour Court move and called on the Government to facilitate a speedy conclusion to the case.

IMPACT national secretary Louise O’Donnell said the Government had a responsibility to champion laws governing workers’ rights.

“In the aftermath of the Irish Ferries dispute, the Government is telling us that it wants to uphold and improve workplace protections. Yet these departments have flouted laws endorsed by the European Union and Dáil Éireann,” she said.

“It sends a totally unacceptable message to employers across the economy and, at the very least, the Government should be working to find a quick solution to this issue.”

In a letter to the union’s solicitors, the Labour Court said it was staying the appeal while it referred a number of questions of EU law to the European Court of Justice, including questions about the jurisdiction of the Rights Commissioner and the Labour Court in the case. The Labour Court has invited both sides to make submissions on the European and Irish legal questions concerned before it refers the case to the European Court of Justice early in February.

The Protection of Employees (Fixed Time Workers) Act makes it illegal for employers to discriminate against temporary workers unless there are ‘objective grounds’ for variations in pay and conditions.

This means fixed-term staff who do the same or similar work as permanent staff must enjoy the same pay and conditions.