Information Circular No 02/2019: Unsuccessful Arbitration Board Finding – Loss of Earnings Kilkenny / Limerick / Kilworth

By Industrial Relations Officer

Hearings on the claim for loss of earnings for personnel from Kilkenny, Limerick and Kilworth took place on the 19th of October and 13th of December 2018.

These hearings followed a number of successful claims by PDFORRA for loss of earnings for personnel from Clonmel, Mullingar, EOD personnel impacted by the cessation of duties at Gormanston, personnel who were posted to different units where their Bks did not close and personnel impacted by the elimination of duties within the MAP in Athlone.

PDFORRA sought compensation for personnel from within the aforementioned locations who were impacted by the Re-Organisation at the rate of 1.5 times the loss of earnings during the period.

Unfortunately, the Board decided to reject the claim made by the Association on the basis that the “claim is lacking in ongoing definition over the period in question”

The Department had contested that the award of compensation was unwarranted due to, inter alia, the constant fluctuation of personnel through units for overseas, courses etc. Additionally, the Department contested that the concession of the claim would have considerable cross sectoral implications in relation to public sector recruitment and any amalgamation or re-organisation of Government Departments or State Agencies.

The Association will continue to submit claims for loss of earnings where losses can be established on the basis of rationalisation, elimination or reduction in the incidence of duties.

PDFORRA is awaiting a hearing date for Adjudication for loss of earnings for personnel from Sarsfield Bks Limerick where duties were eliminated in 2009.

Issued on: 29/01/2019

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