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'Boost Social Wage with €2 Billion Investment in Key Services' – Congress
by Bernard Harbor

The Irish Congress of Trade Unions has said that Budget 2017 should aim to raise living standards through investment of €2 billion in key services and critical infrastructure.

Speaking last week, as Congress published its 2017 pre-budget submission, general secretary Patricia King said: “We need to raise people’s living standards and boost the social wage by investing in a range of key services such as health, education and childcare. After eight long years of crisis and diminished living standards the citizens of this society deserve far better.

“People deserve an inclusive equality-proofed budget that places the welfare and betterment of the majority at its very core, a budget that will prioritise higher living standards, and deliver this through a transformative programme of investment in infrastructure, services and service delivery.”

The pre-budget submission, People Deserve Better, proposes:

  • €2 billion in additional spending to boost the Social Wage, by investing in key services and infrastructure;
  • ‘Growth friendly’ tax measures to raise an additional €1 billion in revenue;
  • A sum of €1 billion allocated to tackle the Housing Emergency;
  • An end to the reduced VAT rate for the tourism sector, while low pay and precarious employment remain so pronounced in the industry;
  • Increasing employer PRSI on the portion of salaries above €100,000 to fund childcare provision.
  • Introduce a Net Wealth Tax

The Congress submission outlines four key priorities for Budget 2017:

  • Repair & Rebuild
  • Raise the Social Wage
  • Tackle the Housing Emergency
  • Decent Work & the Living Wage

For more details see HERE

IMPACT to join ‘Rise and Repeal’ rally on Saturday
by Niall Shanahan

The Rise and Repeal event takes place this Saturday (24th September). Following the passing of IMPACT’s conference motion in May, to support the call for a referendum to repeal the eighth amendment, this will be the first year that IMPACT will take part.

IMPACT organiser Joe O’Connor said, “This is the first time that IMPACT will be taking part in a rally supporting the call for the repeal of the eighth amendment, and we hope IMPACT members will take part by marching under the union’s banner on Saturday.”

The march will assemble at the Garden of Remembrance on Parnell Square from 1.30pm, and make its way to Dáil Éireann at 2pm.

Related: IMPACT’s support of ‘Repeal’ campaign presents a new challenge

IMPACT’s support of ‘Repeal’ campaign presents a new challenge
by Niall Shanahan
The national debate on the repeal of the eighth amendment of the Constitution (the constitutional ban on abortion in Ireland) has gathered momentum in recent years. For the first time since the amendment was passed into law, in 1983, it has become a regular feature of national discussion and the focus of campaigns mobilising both for and against its repeal.


IMPACT does not take a position on what the law around this issue ought to be. However, the union has recently adopted a policy to support the repeal of the amendment.

It is a polarising issue, one upon which people hold very strong views on both sides of the argument. We need to acknowledge that this presents particular difficulties for some members of IMPACT.

At this year’s IMPACT biennial delegate conference, three of the union’s branches separately brought similar motions in support of a constitutional referendum on the eighth amendment.

A composite motion, which was overwhelmingly passed by conference after a substantial debate, reads as follows:

“That this conference calls for the repeal of the eight amendment to the constitution by holding a referendum in 2016 to repeal the eight amendment” (Motion 104, published on page 32 of the IMPACT conference agenda, see also motions 108.1 and 108.2 on page 43).

By passing the motion to support the call for a constitutional referendum, conference, which represents all branches of IMPACT, made this the union’s policy. The policy is limited to supporting the campaign to hold a referendum to repeal the eight amendment, it does not extend to taking any other positions on the issue of abortion. The union does not intend to use member subscriptions to support or fund campaign groups on the issue.

Members of a representative organisation like IMPACT, with almost 60,000 members, will have diverse views on a wide range of social and political issues. That is why the decision making procedures of the union are subject to a rigorous democratic process, with strict rules to govern that process.

Nevertheless, the union’s support for any campaign does not detract from its core function to represent every member of the union in their workplace, and does not alter the priorities of the union in this respect.

By taking part in the national debate on the eight amendment, the union is taking on a new and difficult challenge. In this regard, we need to ensure that the debate within IMPACT maintains the spirit of mutual respect and shared dignity which are core values of this trade union.

Community and Voluntary Sector Pre-Budget Briefing
by Niall Shanahan

IMPACT will host a special pre-Budget briefing on Wednesday (21st September), focusing on the community and voluntary sector, and the urgent need for funding and pay restoration in the sector.

IMPACT will present the findings and recommendations from its the Caring - At What Cost? research. The briefing will also include workplace testimonials from IMPACT members working in the Dublin Rape Crisis Centre, youth work and homeless services, outlining the challenges they face working in the sector.

IMPACT organiser Joe O’Connor: “Pay restoration in public and private sector is already happening, and with a small number of employers in the community and voluntary sector restoring pay, it’s essential that the sector is adequately funded in order to ensure workers in the sector are not unfairly left behind.”

The briefing will also be addressed by IMPACT Health & Welfare national secretary Eamonn Donnelly and conclude with a questions and answers session.

The event takes place at 11am, at the Dun’s Library, Royal College of Physicians of Ireland, Frederick House, No.6 Kildare Street, Dublin 2.

Follow the Caring - At What Cost? campaign on Facebook - facebook.com/caringatwhatcost

Related: ‘Caring- At What Cost?’ campaign newsletter - September 2016

Garda College action deferred
by Martina O'Leary

Cleaners in the Garda College, Templemore, members of the FGE branch have deferred the commencement of a planned work to rule, due to start today – Monday 19th September.

The branch has agreed to accept an invitation to go to the Workplace Relations Commission (WRC), which should take place over the next five days. The FGE branch committee will review progress within two weeks.

IMPACT meets health minister
by Niall Shanahan

A delegation from IMPACT’s Health and Welfare division attended an introductory meeting with the Minister for Health, Simon Harris TD, at the end of August. The union outlined its current programme of work in the health sector, and informed the minister about the composition of IMPACT’s health membership. The minister expressed his support for IMPACT’s work to highlight the value of clerical and administrative staff working in the sector.

IMPACT national secretary Eamonn Donnelly described the meeting as positive and constructive. “The minister outlined his objective to create a 10-year strategy for the health service. While there is a lot of political activity going on to establish that, it’s important for us to ensure the minister knows who our members are and the critical role they play in health service delivery.

“In that regard we felt the meeting was both positive and constructive, and will help lay the foundations for future engagement with Minister Harris and the Department of Health,” he said.

New Union talks continue
by Bernard Harbor
The presidents, vice presidents and general secretaries of IMPACT and two other unions – the CPSU and PSEU – have met twice over the summer to develop structures for a new union following a proposed amalgamation of the three organisations.

This follows the overwhelming backing of the ‘New Union’ project at the conferences of all three unions earlier this year, where it was agreed that the final decision would be made by members in separate ballots in 2017.

The latest talks have focused on membership services, democratic structures, finances, and organisational issues. It has been agreed that all the existing branches of each union – along with their rules and standing orders – would be carried into the new organisation.

The broad shape of a new union was presented to delegates at the three delegate conferences, which took place in April and May 2016. The PSEU represents civil service middle management grades, while the CPSU represents clerical workers in the civil service and semi-state sectors.

Staff at Central Remedial Clinic serve notice of industrial action
by Niall Shanahan

IMPACT members working at the Central Remedial Clinic (CRC) have served notice of industrial action which is due to commence from 9am next Wednesday (21st September).

In a letter to the CRC’s human resources manager, IMPACT official Ian McDonnell said the industrial action is due to the CRC’s unilateral decision to terminate the staff contributory pension scheme without any consultation or negotiation with staff.

The 44 active members of the scheme are in the process of being entered into the public service pension scheme, but the union has said this move only represents a partial resolution to the closure of the scheme, and that a number of outstanding issues remain. There are also approximately 50 deferred members affected by the scheme’s closure.

The industrial action will mean that IMPACT members will cease their engagement with committees and working groups, suspend engagement with management on strategic planning and change management, and will only respond to email necessary to maintain client services.

In earlier correspondence (September 3rd), Ian outlined the outstanding issues, which were established by an actuarial report into the closure of the scheme. These include;

  • Delivery of full accrued benefits for active and deferred members of the contributory scheme
  • Addressing the benefits gap between the public service and contributory scheme
  • Addressing those members of the contributory scheme that may not require access to the public service pension.

Ian said management’s handling of the issue had been extremely poor. “The staff affected here had been paying into the contributory scheme for a minimum of 15 years. They are loyal, hardworking staff and are committed to ensuring that their clients continue to receive the services they provide despite management’s appalling handling of this situation.

“This industrial action is targeted very directly at CRC management, who have betrayed the trust of their own staff,” he said.

NEWS
IMPACT Clare branch pays tribute to Caitriona Lucas
by Niall Shanahan
 
IMPACT’s Clare branch has paid tribute to Caitriona Lucas, who died on Monday (12th September) while on duty with the Doolin coast guard in Kilkee.

IMPACT’s Clare branch has paid tribute to Caitriona Lucas, who died on Monday (12th September) while on duty with the Doolin coast guard in Kilkee.

Caitriona worked as a librarian for Clare County Council and was a member of the branch.

Seamus Ryan, a colleague and fellow branch member, paid tribute to Caitriona. “All of us who were fortunate to have known Caitriona and to have worked with her are devastated by her loss.

“She was a valued colleague, a good friend and a dedicated public servant. Our thoughts and sympathies go out to her family,” he said.

Previous water funding failed
by Bernard Harbor
 
Ireland is unlikely to ever get a high quality and environmentally responsible water infrastructure if the Government reverts to funding the service solely from general taxation, according to IMPACT.

Ireland is unlikely to ever get a high quality and environmentally responsible water infrastructure if the Government reverts to funding the service solely from general taxation, according to IMPACT.

In a submission to the Expert Water Commission, which was set up by the Government to look at water charges and investment needs, the union says that other public services – like health and education – will always ‘trump’ water when finite resources are allocated out of general funds.

The submission says the scale of investment currently needed to bring Ireland’s water infrastructure up to scratch is estimated at €5.5 billion between now and 2021. It says this itself is evidence that the old funding approach “is incapable of providing the necessary investment to develop and maintain quality services fit for the 21st century.”

It goes on to say: “There is no evidence that the political system will allocate adequate resources to water through general taxation and, were it to do so, the level of general taxation would have to be higher.” The paper calls on the Commission to recommend that significant capital resources are allocated, with guaranteed funding streams for a publically-owned water utility and the local authorities directly responsible for water service delivery.

IMPACT also calls on the Commission to address concerns over water privatisation, and says it would support a referendum “to give constitutional protection to the public service status of the State’s water and waste water services.”

The submission highlights the need to maximise income from commercial water users. “This should especially be the case for large commercial water users, particularly those providing non-essential products or services,” it says.

The union says resistance to domestic water charges, which are uncontroversial in other European countries, was caused by factors other than the principle of paying for water or the scale of the relatively-modest charges introduced.

In the absence of guaranteed investment from general taxation, IMPACT says the public could support domestic charges if there was “a generous allowance of free water, based on the essential requirements of individuals and families, but with significant charges for those whose usage goes above this allowance.” It adds that provision should be made to avoid penalising “people or families who are not profligate water users, but whose needs are significantly above average, eg, because of medical conditions.”

IMPACT, which represents over 1,000 water workers, also calls for respect and protection for staff who have been unfairly criticised – and even physically attacked – because of “policy decisions over which they have no direct or indirect control.”

Read the IMPACT submission HERE.

Pregnancy and Employment: A Review of the Law
by Lughan Deane
 
As women’s participation in the labour market increases, pregnancy is becoming an ever-more common feature of the Irish workplace.

As women’s participation in the labour market increases, pregnancy is becoming an ever-more common feature of the Irish workplace.

Pregnancy-related discrimination is prohibited in Ireland under the Employment Equality Acts. Because pregnancy is a uniquely female condition cases tend to be taken on the grounds of gender discrimination.

Alongside Irish law, pregnancy-related discrimination case-law from the ECJ is also used in hearings in Ireland.

In the case of a pregnancy-related dismissal, the Unfair Dismissals Act and the Maternity Protection Acts may also be relevant. Pregnant women may not be dismissed from the beginning of pregnancy to the end of maternity leave, except for reasons unrelated to pregnancy.

In two ECJ cases (Browne vs Rentokil and Webb vs EMO Cargo) the court ruled that the period of pregnancy and maternity leave is a ‘special protected period’. This is due to the harmful physical and mental effects that dismissal during pregnancy may have on the woman in question.

The Maternity Protection Acts allow for time off for medical visits during pregnancy. The acts also say that illness arising from pregnancy cannot be treated like regular illness and that sick-pay cannot be reduced regardless of the duration of absence. Employees are entitled to time off work for antenatal and postnatal care. An employee may also take time off with pay for one set of antenatal classes.

The European Pregnancy Directive obliges employers to conduct a health and safety assessment of the pregnant worker’s work-environment. Where there is a risk, adjustments must be made to rectify it. If the adjustment is impossible, employers should grant Health and Safety Leave.

All women are entitled to 26 paid weeks of maternity leave and an additional 16 weeks unpaid. The payment normally comes via the Department of Social Protection. A woman can go on maternity leave within 16 weeks of the last day of the week in which the baby is due.

An employee must take at least two weeks before the due date and at least four weeks after the due date. In the event of the hospitalisation of a child, a mother may agree with her employer to postpone and then resume maternity leave.

The amount of money due depends on income. The sum is arrived at by dividing a worker’s gross annual income by the number of weeks she works in a year. 80% of this figure is the amount to be paid. Some employers will provide additional payments or benefits.

In the event of a miscarriage or stillbirth at any time after the 24th week of pregnancy, women are entitled to full maternity leave.

Anyone returning from maternity leave is entitled to return to the same work they had prior to becoming pregnant. The terms of their contract must remain the same upon their return to work.


If it is impossible to return to the same position, they must be offered a suitable alternative under the same terms and conditions.  

Under the Maternity Protection Act 1994, an employee who is breastfeeding her child is entitled to any one of the following:

  • A break of 60 minutes
  • 2 breaks of 30 minutes each
  • 3 breaks of 30 minutes each
  • Another configuration of breaks to be agreed with her employer (including an arrangement for reduced working time which is paid).

In the event that her employer refuses to grant her one of the above arrangements, the employee can bring a claim under the Maternity Protection Act. The maximum possible compensation is 20 weeks’ remuneration.

Alternatively, the employee could bring a claim against her employer under the Employment Equality legislation. This would be on the grounds that lactation is a medical condition and refusal to grant her the necessary breaks amounts to discrimination. In this case the maximum compensation possible is 104 weeks’ remuneration.

The employee could, finally, bring two claims against her employer - one under each piece of legislation.

Sources:

Local Government division prepares to ballot on staffless libraries
by Martina O’Leary
 
IMPACT’s Local Government divisional executive committee (DEC) has advised branches representing library staff that members will be balloted on the issue of staffless libraries in the near future. The division has advised that branches should not engage in local negotiations on the matter and should continue the policy of non-cooperation with the proposal to introduce staffless libraries.
IMPACT’s Local Government divisional executive committee (DEC) has advised branches representing library staff that members will be balloted on the issue of staffless libraries in the near future. The division has advised that branches should not engage in local negotiations on the matter and should continue the policy of non-cooperation with the proposal to introduce staffless libraries.

In a letter to branches on 12th September, IMPACT national secretary Peter Nolan said the union’s opposition to the proposals was due to concerns that they would further effect staff reductions in the sector.

While opposing the proposals, the DEC has set out a list of critical requirements that IMPACT will be seeking in the event that the management side proceed with their proposals. These include ensuring adequate staffing at all grades in every library authority; seeking guaranteed access to family friendly hours; and ensuring equality in availability of library services.

Civil Servants to benefit from full pay for Paternity Leave
by Martina O'Leary
 
Civil Service employers have agreed that any new parent who qualifies for two weeks' paternity leave will receive full pay for the duration of their leave. The new measures take effect from 1st Sept 2016.

Civil Service employers have agreed that any new parent who qualifies for two weeks' paternity leave will receive full pay for the duration of their leave. The new measures take effect from 1st Sept 2016.

The new Paternity Leave and Benefit Act came into force on 1st September this year and entitles a new father or qualifying parent to two weeks' paid leave. A payment of €230 per week is available from the Department of Social Protection.

IMPACT successfully made a claim to Civil Service management that the paternity leave benefit would be topped up to full salary.

Under the Act, a “relevant parent”, for the purposes of paternity leave entitlement, includes the father of the child; the spouse, civil partner or cohabitant of the mother of the child; and the parent of a donor-conceived child.

In the case of an adopted child the relevant parent includes the nominated parent, in the case of a married same-sex couple, or the spouse, civil partner or cohabitant of the adopting mother or sole male adopter.

You should apply to your employer in writing at least four weeks before taking your paternity leave. A circular is due to issue from the department soon.

Trevor O’Neill memorial fund
by Martina O’Leary
 
Trevor O'Neill.
Trevor O'Neill.
We reported in our last e-bulletin on the tragic death of Trevor O’Neill, who was a member of the union’s Municipal Employees branch. Trevor worked as an assistant inspector in the main drainage department of Dublin City council.

We reported in our last e-bulletin on the tragic death of Trevor O’Neill, who was a member of the union’s Municipal Employees branch. Trevor worked as an assistant inspector in the main drainage department of Dublin City Council.

Because Trevor wasn’t married, his partner Suzanne won’t benefit from his pension cover. Dublin City Council has set up a benefit trust in DUBCO Credit Union – the Trevor O’Neill Memorial Fund - with the goal of bringing Trevor’s family some financial stability.

Thomas Murtagh, president of IMPACT’s Municipal Employees branch, has written to branches asking them to contribute generously to the fund. Thomas is a trustee of the fund, along with Dublin Lord Mayor Brendan Carr, staff of the council’s drainage division and members of its human resource and chief executive’s departments.  

“Through no fault of their own Trevor’s family have found themselves in these very tragic and difficult circumstances. Trevor was based mainly out of the Marrowbone Lane depot in Dublin, and has been described as the life and soul of the party. I would ask all IMPACT branches to give generously to this trust. All donations large or small would be greatly appreciated. I thank you in anticipation of your cooperation in this tragic circumstance,” said Thomas.

Branches are asked to make cheques payable to the Trevor O’Neill Memorial Fund.  All contributions should be sent to:  Thomas Murtagh, President Municipal Employees Branch, IMPACT, Nerney’s Court, Dublin, D01 R2C5.

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