European Court to decide on case of Irish civil servants

THE European Court of Justice Advocate General will this morning give her opinion on whether fixed-term Irish public sector workers are entitled to the same pay and pension terms as their full-time counterparts.

In a ruling which could have far-reaching implications for Irish workers, the European Court has been asked to adjudicate on the cases of 91 civil servants employed on fixed-term contracts.

The workers secured compensation totalling €217,500 in 2005 after the Rights Commissioner found Government departments had failed to follow legislation that protects pay and working conditions of staff on fixed-term contracts.

According to IMPACT, it was found at that point the workers were missing out on benefits permanent civil servants enjoyed such as pay increases, pensions, access to promotions, sick pay, training opportunities, annual leave, and leave of absence.

The Government contested elements of the award to the Labour Court.

Most notably, it argued that the 1999 European Directive on Fixed Term workers did not say the workers had to have the same pension entitlements as the full-time employees, only that the workers had to be given a pension.

However, IMPACT argued the directive said the workers had to have the same pension.

Today’s ECJ Advocate General opinion will establish whether the EU fixed-term workers directive covers pay and pensions.

However, what could be more controversial is the issue of “direct effect” — whether Irish workers can take cases on the basis of an EU directive if the Government has failed to transpose it into Irish Law within the correct time limits.

The opinion should also establish whether workers are entitled to seek a ruling on direct effect from the Rights Commissioner or the Labour Court rather than the High Court as argued by the Government.