Information Circular No 08/2018 – UPDATE – Application of the Working Time Directive to Members of the Defence Forces

By Industrial Relations Officer

As a result of the inability to secure agreement on the application of the Working Time Directive at Conciliation Council, PDFORRA assisted a number of our members to undertake legal action to secure their rights under this Directive.

Legal actions were initiated over the past two years through the High Court. One of the number of cases was listed for hearing during the past week. Unfortunately, no judge was available to hear this important case and it has been put back for a number of months.

However, as a consequence of the initiation of this action, the solicitor acting on behalf of our members, Mr Fergus O Regan was contacted by the Chief State Solicitor Office and informed that:

“It is accepted by the Defendants that the broad exclusion in respect of the Members of the Defence Forces contained within section 3(1) of the Organisation of Working Time Act is not now compatible with the Working Time Directive…”

Moreover, it was stated that:

“In accordance with the provisions of the Defence Amendment Act 1990 and Defence Force Regulations, this will require consultation with the Representative Associations”

PDFORRA will update our members on developments as they arise in the coming months.

 

Issued on: 23/03/2018

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