Information Circular No 18/2018: Result of Adjudication: Loss of Earnings (EOD- Gormanston)

By Industrial Relations Officer

An Adjudication hearing regarding compensation for Loss of Earnings for EOD personnel following the cessation of duties at that location took place on the 7th of June 2018.

Following the presentation of arguments by both the Department of Defence and PDFORRA, a finding was issued by the Adjudicator on the 11th of June 2018.

In the course of the published findings, the Adjudicator made the following observations which are relevant in the context of a number of other claims for loss of earnings that PDFORRA are currently pursuing:

“The matter which is the subject of this adjudication has its origins in the reorganisation of the structure of the army.…which has had significant repercussions. As such, this was a significant event which distinguishes it from normal ongoing deployment issues.”

Moreover,

“This finding, when put in conjunction with the other Labour Court Recommendations mentioned by the parties and the letter from the of 8 March, 2011 from the Croke Park Implementation Body to the Irish Congress of Trade Unions quoted above, leads me to the conclusion that there is justification for compensation for loss of earnings in the case of Defence Force Personnel drawing the Explosive Ordnance Disposal Allowance in Athlone if there was an actual loss of earnings.”

Additionally, that

“[i]n accordance with the established precedents in the Public Service, the amount of compensation should be 1.5 times the annual loss. Given that the change in the earnings from the EOD allowance has its origins in the cessation of the EOD function at Gormanston in 2014 – over four years ago, I find that the compensation should be paid in one lump sum.”

It is hoped to finalise payment amount for impacted personnel in the coming months.

The findings in this Adjudication are quite complex. However, PDFORRA is intent on pursuing additional claims where personnel had loss of earnings. These claims should be heard in the coming months.

Issued on: 12/07/2018

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