PDFORRA Initiates Court Challenge.

By PDFORRA 1

PDFORRA has initiated a challenge in the High Court to the legality of the imposition of the 25% reduction in relation to subsistence allowance recently introduced by virtue of a Circular from the Departments of Finance. The legal challenge contests the lawfulness of such reduction with specific reference to the Reserve Defence Force Allowance but which may have application to other allowances. The legal case taken is premised on a number of grounds to include the manner in which this reduction was introduced and the effective circumvention of established conciliation and arbitration proceedings in such unilateral reduction. The case disputes whether the Department of Finance Circular is or can be lawfully invoked against members of the Permanent Defence Force, given the statutory framework under which terms and conditions of service are set out in the relevant Defence Acts and the regulations made thereunder. The matter has proceeded by way of Application for judicial review and the High Court did, on the 25th May 2009, grant leave to apply for judicial review of the implementation of the reduction, following submission of papers and argument made by Senior Council in that regard. The case has now been adjourned in order to provide the Department and other Respondents to the matter an opportunity to review the case being made by the Association and decide upon a response.     

 

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