Information Circular No 28/2019 – Update – Working Time Mediation

By Industrial Relations Officer

PDFORRA wishes to advise members that a compensatory scheme has been agreed between our Association and the Department of Defence for alleged breaches of the Working Time Directive. The agreement of a scheme follows extensive mediation discussions held on Thursday 23rd of May and concluding discussions on Friday the 5th of July 2019. This mediation agreement pertains to aspects of a number of cases that PDFORRA were sponsoring through the legal system. While agreement was reached between the parties on the 5th of July, sanction by DPER and PDFORRA NEC was required before implementation of the settlement could be applied to qualifying personnel.

The following terms of the mediated settlement apply to members of PDFORRA:

  1. Members of the 106 &108 Inf Bn’s who lost leave as a consequence of the application of Paragraph 16 of DFR A.11 are to be returned this leave up to a maximum of 7 days, which is to be added to current leave allocations and to be taken within 3 years from the date of the Agreement. Personnel to whom this provision applies can also avail of the additions listed below – where they apply.
  2. Personnel who undertook Portlaoise Prison Duty within the past 5 years who completed a minimum 27 out of 33 days during each rotation are to receive €100 plus an additional days leave, for each referenced period – up to a maximum of €500 and 3 additional days Annual Leave.
  3. Personnel who undertook EOD duties within the past 5 years are to receive €100 plus an additional day’s leave for each year within which they undertook such duty. Compensation is capped at a maximum of €500 and 3 additional days Annual Leave.
  4. PDFORRA members wishing to claim compensation shall be required to complete a declaration before payment will be made. This declaration will be provided to District Committees in the coming weeks and a further Information Circular will be issued once Districts have been advised on how to administer the scheme.

PDFORRA wishes to take this opportunity to thank our members who volunteered to put their names forward for legal actions. Recent amendments to work practices, such as the grant of an additional day off and the automatic grant of compensatory rest following all 24 Hr duties are attributable to their willingness to put themselves forward.

PDFORRA intends to submit additional claims through the Conciliation and Arbitration Scheme where it is notified of such breaches.

Your Association will continue to have the Working Time Directive applied, where appropriate, to conditions of service and seek to have formalised compensatory rest periods agreed where work practices contravene the principal of the Directive.

Issued on: 17/09/2019

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