State facing 'multiple court actions' on behalf of Defence Forces personnel

The majority of Working Time Directive breaches relate to personnel serving in the Naval Service, which is currently dealing with a crisis in crew numbers. Picture Dan Linehan

The association representing enlisted personnel in the Defence Forces is “preparing multiple court actions” in respect of breaches of the Working Time Directive.

The majority of Working Time Directive breaches relate to personnel serving in the Naval Service, which is currently dealing with a crisis in crew numbers, but PDForra is also preparing cases on behalf of its members in the Army and Air Corps.

PDForra general secretary Ger Guinan, who represents 6,500 military personnel, said that from his association's perspective “the lack of appropriate compensatory rest periods provided for under the Working Time Directive is also impacting on the ability of the Defence Forces to recruit and retain personnel.” The umbrella union body ICTU made a recent submission to the Commission on Defence in which it said it had serious concerns about the failure of the Defence Forces to apply the Working Time Directive.

RACO, the association which represents military officers, had said that some junior officers are double and triple jobbing to cover gaps in personnel and as a result are regularly working 60 and 70 hour weeks.

In an interview with the Irish Examiner former Naval Service Chief Petty Officer Tadgh McCarthy said it wasn't unusual for some personnel to work 60 hour weeks.

He said the lack of personnel in the Naval Service is putting a strain on those remaining and is leading many to leave the service for better pay and conditions in the private sector.

The Irish Examiner understands that in addition to its legal actions, PDForra has also been in talks with the Department of Defence in the past week regarding compensation for past work practices on behalf of other personnel.

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Mr Guinan added that PDForra is also involved in ongoing legal cases with regard to it seeking affiliation with ICTU and has lodged a complaint with the International Labour Organisation over the government's failure to pay back money in allowances owed to members of the elite Army Ranger Wing (ARW).

The association first took legal action on breaches of the Working Time Directive after a member of the Army was not given her proper annual leave entitlements in 2015.

Two years later it won a landmark High Court case when its legal team representing the soldier, Susan O'Donnell, got agreement that she be given the lost leave and receive an ex-gratia sum in compensation.

Britain, Germany and Sweden have already implemented the Working Time Directive for their military personnel and the government here has done likewise for gardaí.

PDForra has also lodged papers in the High Court in an attempt to force the Government to allow it to affiliate with ICTU.

Meanwhile, the European Social Rights Committee, a European legislative body, has found the government had breached PDForra members' rights by not allowing them union affiliation.

Euromil, the association which represents 500,000 military personnel in 22 European countries, has also backed PDForra's right to ICTU affiliation.