Information Circular No 15/2018: UPDATE – Application of the Working Time Directive to Members of the Defence Forces

By Industrial Relations Officer

PDFORRA wishes to advise its members that one of a number of cases which was being taken against the Minister for Defence for breach of the Working Time Directive has been settled.

This Association had originally submitted this case in 2015, seeking the return of the leave lost by Ms O Donnell, and an amendment to Defence Forces Regulation A.11 to provide for the rules regarding carryover leave to comply with the Directive.

Unfortunately, the Department robustly defended its position until last week, when it was forced to concede the case and make a declaration with consent that Article 7 was applicable in this case. Additionally, the State was forced to pay the costs associated with defending the case and made an ex-gratia payment to the plaintiff.

PDFORRA will continue to pursue the Department for the implementation of the Directive, subject to the necessary exclusions/exemptions. However, in the interim, the rights of personnel are not affected and cases can be pursued where breaches of the Directive occur.

PDFORRA requests that personnel who feel that their rights under the Working Time Directive are being breached contact PDFORRA HQ, where an assessment of their circumstances will be made.

 

Issued on: 18/06/2018

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