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PSC staff losing battle to stay on as department confirms contracts to be 'phased out' in 2019

A number of workers have been unsuccessful in cases at the Workplace Relations Commission arguing their right to a permanent contract.

STAFF WHO’VE FOUGHT to try to stay on at the Department of Social Protection after six years of working on the rollout of the Public Services Card are likely to have their contracts “phased out” next year.

The controversial card was first introduced in 2012 for accessing certain social welfare payments, but has since been expanded as a requirement for many other services. It also has a seven-year lifespan.

It has proven a source of controversy after the government announced plans to make the card a requirement to access other services such as getting a driving licence – but has since rolled back in a number of areas

Over 2.9 million people have been furnished with a card, and it’s cost the government roughly €60 million so far.

Up to 200 temporary clerical workers were hired by the department to administer the cards in 2012 and, despite unions managing to secure contracts for a number of them in recent times, the department has contested this at numerous hearings of the Workplace Relations Commission. 

Their contracts stated their job is to “facilitate the implementation” and “begin the roll out” of the Public Services Card. Once that has been completed, their contracts will be terminated. Workers have argued that the so-called end date has been constantly shifted and moved. 

And, as the government has pressed ahead with the card, and has already begun to look into the “second generation” of it, the workers argued they should be made permanent because working on the PSC had become part and parcel of everyday work. 

Furthermore, they argued that work on the PSC had become so intensive that permanent clerical workers were involved in working on it regularly, while their own roles had begun to involve other clerical matters. 

Workplace Relations

The clerical officers took their employers in the Department of Social Protection to the Workplace Relations Commission (WRC), seeking to have their fixed-term contracts changed to permanent ones.

Across a number of different cases before the WRC the staff were bidding to be transferred to permanent contracts.

One WRC adjudicator noted in the most recent case involving five of the workers: “It was advanced that PSC work had become part and parcel of everyday work for the respondent’s staff and consequently did not meet a transient need.

It was further asserted that the objective grounds no longer existed and have not existed for some time. It was argued that the respondent’s target dates were a moveable feast, that this was unfair and constituted a breach of the legislation.

The worker’s union said it could accept the need for fixed-term staff, but where someone had been in employment for longer than four years the department should provide very specific reasons why their contracts shouldn’t be converted into permanent ones.

The WRC, however, sided with the department and noted their defence that none of the people involved had been offered two or more successive fixed-term contracts, so the possibility of renewing these had never arisen. 

The department told the WRC that when the need for these workers to help with the roll out of the PSC ends, each of the clerical workers will have their contract terminated.

‘Phased out’

A spokesperson for the Department of Social Protection told TheJournal.ie that the staff were originally hired for the specific purpose of facilitating the implementation of the PSC programme. 

“Once the implementation phase of the public services card programme is complete, the purpose for which the Temporary Clerical Officers were employed will cease, and therefore the need for temporary staff will also cease,” the department said.

It is expected that these contracts will be phased out during the course of 2019.  The management of PSCs will then become part of the department’s ongoing operations and will be staffed from within the department’s existing permanent cadre as part of the department’s Intreo network.

However, despite this most recent case before the WRC turning out unfavourably for the workers, there was an almost identical case last year where one clerical worker had the WRC rule in their favour.

In that June 2017 hearing, the staff member said that given the work they were doing had no real end date and was contingent on when the “implementation” of the PSC was finished, they were entitled to a permanent contract. Furthermore, they submitted that the clerical work they did often overlapped with that of regular, permanent staff.

The adjudicator in this case said: “I am satisfied that the contract – a fixed purpose as opposed to fixed term – was silent on the event that would determine the contract.

It is unfair to allow a fixed purpose contract to be determined on an arbitrary date that is chosen by an employer after rights to a CID (contract of indefinite duration) have already been accrued. It is precisely this; holding an employee on a string of uncertainty, that the Protection of Employees (Fixed-Term Work) 2003 Act seeks to avoid.

In that case, the WRC recommended that the worker be given a permanent contract.

As of March this year, union Fórsa said that it had initiated 30 separate cases to try to secure permanent contracts for the temporary and had been successful in many of them.

It said the department had agreed to give permanent contracts to a number of staff members after union involvement. 

Given the most recent case where five workers were unsuccessful, it is clear a number of the original 200 still face being “phased out” in 2019.

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47 Comments
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    Mute Noel_Random
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    Dec 9th 2018, 12:10 AM

    The clue is in the job spec. Temporary.

    644
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    Mute Patabake Kennedy
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    Dec 9th 2018, 12:40 AM

    @Noel_Random: Seems to me that the card is also temporary. What use is it anyway.

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    Mute Greedylocks
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    Dec 9th 2018, 2:57 AM

    @Noel_Random: 1984

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    Mute Ian Breathnach
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    Dec 9th 2018, 4:09 AM

    @Greedylocks: yeah but no.

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    Mute DJ François
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    Dec 9th 2018, 7:42 AM

    @Global-Dominance: You need to quit drinking the alt right kool aid. No such thing will happen.

    37
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    Mute Dave Barrett
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    Dec 9th 2018, 9:10 AM

    @Patabake Kennedy: its all in the big plan where everything about a person will have it contained in the Card. Big brother stuff.

    30
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    Mute Donal Hunt
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    Dec 9th 2018, 9:10 AM

    @Noel_Random: having managed projects in the past that made use of staff on short-term contracts (anything from a few days to a few weeks), the guidance I’ve received in the past is very clear. There should be a clear delineation of work and contracts should not be continuously extended (most companies aim to complete the relevant scope within 11 months while there is scope to extend it).

    Once you have staff on your books for more than 2 years, it’s hard to claim the work is temporary or exceptional. Any competent project manager would take this into account and design the project in such a way that they comply with the legislation in this area.

    Worth noting that the same people may have been working on different contracts over a longer period of time (i.e. there is room for contractors / temp staff to be placed with the same organisation over and over). However, there must be clear definition of responsibilities and most organisations ensure there are periods between contracts to avoid any misunderstanding regarding employment status.

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    Mute Gerard Heery
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    Dec 9th 2018, 11:14 AM

    @DJ François: Ireland will become a safe multicultural dumping ground for the EU with its sea boarder it’s ideal for them containing any agro that will arise when they the streets are not made of gold

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    Mute Michael Lynch
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    Dec 9th 2018, 11:35 AM

    @Ian Breathnach: MillennialSpeak.

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    Mute John Mulligan
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    Dec 9th 2018, 12:20 PM

    @Patabake Kennedy: very useful I’d say.

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    Mute Tommy Roche
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    Dec 9th 2018, 12:38 PM

    @DJ François: Alt right kool aid ? Lol, just apply for the green card and go.

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    Mute Nollaig Elliot
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    Dec 9th 2018, 1:17 AM

    I don’t see the problem here. Surely you read your contract before signing it. At least I always do anyway. Also, they are being given loads of time to sort themselves out. Usually lay offs you are told that day or at best that week.

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    Mute john s
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    Dec 9th 2018, 1:38 AM

    @Nollaig Elliot: once u have unions involved they threaten strikes and bully employers . Lucas drivers signed up to contracts yet strikes for more even though they signed very good contracts. Kill the golden goose that’s what unions do

    168
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    Mute JesusMoreBullshit
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    Dec 9th 2018, 9:22 AM

    @Nollaig Elliot: Temporary 6yrs is an awful long time

    29
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    Mute Bhiniáimin Ó Beith
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    Dec 9th 2018, 12:29 AM

    If they’re trained civil servants surely some of them can be transferred to other departments or even local authorities why waste the experience that they have?

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    Mute Alan Walter Gallagher
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    Dec 9th 2018, 1:29 AM

    @Bhiniáimin Ó Beith: “trained civil servants” …anyone can push empty envelopes around and pretend to be busy!

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    Mute Declan Curley
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    Dec 9th 2018, 3:57 AM

    @Alan Walter Gallagher: yawn

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    Mute David Glynn
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    Dec 9th 2018, 7:33 AM

    Missing the point.This is about people. They have done a good job or would have been let go. Government should lead by example.
    As similar vacancies at the grade arise they should be offered to them.
    Temporary clerical staff tend to be people in their late thirties upwards who want security to raise ther families. And what’s wrong with that unless you want everyone to be on zero hours contracts in dead end jobs.
    Full marks to the unions.

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    Mute Cheapy Ryan
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    Dec 9th 2018, 10:26 AM

    @David Glynn: You’re havin a laugh.
    Since when has anyone in the public service ever been fired for being useless at their job?
    This is more of the same from the same unions that insisted on not a single redundancy when the HSE was being set up.
    Double-jobbing is meat and drink to them, means more subs for their slush funds, and ridiculous salaries.

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    Mute Irene Donegan
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    Dec 9th 2018, 12:50 PM

    @David Glynn: Given the delay in processing various claims such as Carers and Disability Allowances, there’s obviously a need for more staff in the DEASP.

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    Mute Honeybee
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    Dec 9th 2018, 12:38 AM

    Well now that the writing is on the wall for these staff,they should look out for a new job and quit before they are handed their P45 and drop the government and their PSC contract ,the movable feast is a staff option also.

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    Mute John Moylan
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    Dec 9th 2018, 1:52 AM

    @Honeybee: no need to rush out and quit. Given the States inability to manage projects (PPARS, Tribunals, NCH etc), this job could run & run…

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    Mute Michael Lynch
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    Dec 9th 2018, 11:38 AM

    @Honeybee: Now the condescending c u next tuesdays will see life from the other side of the bulletproof glass.

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    Mute Donal Desmond
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    Dec 9th 2018, 2:11 AM

    These cards were useless anyway. Another e vote machine. Says it all about the incompetence of this government. Millions wasted.. and again workers pay the price.

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    Mute Tony Harris
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    Dec 9th 2018, 2:28 AM

    @Donal Desmond: Useless??? What about the money saved through the detection of fraudulent social welfare payments for 1. No more cases of people claiming payments multiple times in different counties. Should be compulsory.

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    Mute Ian Breathnach
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    Dec 9th 2018, 3:48 AM

    @Tony Harris: how does the PSC prevent people claiming payments in multiple countries? Hmmmm you’re a bit fcked up. PSC card is a good idea but not as a national ID card by default.

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    Mute Cian
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    Dec 9th 2018, 7:33 AM

    @Ian Breathnach: He said counties.

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    Mute Donal Desmond
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    Dec 9th 2018, 1:28 PM

    @Tony Harris: Pity your comment does not include the bankers and developers let’s not forget Nama, The money recovered from social welfare fraud was miniscule compared to the Billions lost through the gangsterism of the above mentioned. The people convicted of social welfare fraud had not the resources of the state to shread evidence , or give inadmissible evidence in criminal cases concerning bankers. Of course the card was not designed for these gangsters.

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    Mute Brendan Hughes
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    Dec 9th 2018, 12:12 AM

    It would be cheaper in the long run to to terminate the contracts and pay compensation.

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    Mute Anti Toxic Quango
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    Dec 9th 2018, 7:51 AM

    Anther FG catastrophic waste of taxpayers money adding to the I/W Ltd and Leo’s €1.7 million spin unit….

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    Mute Colette Kearns
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    Dec 9th 2018, 1:51 AM

    So bottom line is, it was all just another disgusting waist of taxpayers money, again!!

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    Mute Raymond McGee
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    Dec 9th 2018, 2:12 AM

    @Colette Kearns: waist?? As in tummy?

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    Mute Greg Blake
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    Dec 9th 2018, 2:28 AM

    @Colette Kearns: I beg to differ, the cards can be very useful, only recently I went out to find ice on my windscreen, the card scraped it off in a jiffy. A marvel of technology in public administration.

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    Mute Colette Kearns
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    Dec 9th 2018, 2:35 AM

    @Raymond McGee: yes as in “ you in dummy “ thanks for your observation though!

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    Mute Ian Breathnach
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    Dec 9th 2018, 3:45 AM

    @Colette Kearns: I’d say you thumbed up your own comment.

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    Mute Thomas Murphy
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    Dec 9th 2018, 9:02 AM

    They should also include finger print recognition or retina. Its the only way to limit payments to one per person. It would only be needed for a 2 month period every year to cut people claiming more than their fair share out.
    Any oposition to this would only be from multiple claimants

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    Mute Paul Murphy
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    Dec 9th 2018, 9:05 AM

    If their contracts were allowed to roll over for 4 years without a break technically they become permanent employees with contracts of indefinite duration. However if the continuity of the employment is broken if only for a day they loose that right. I think those managing the contracts have dropped the ball and the employees will get a full time job by default. Happens all the time in the public service

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    Mute Dam IenCahill
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    Dec 9th 2018, 2:24 PM

    @Paul Murphy: not really.. are you saying that the legislation is designed to force headcount increases. Read it again. Justification is a hint

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    Mute John Mulligan
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    Dec 9th 2018, 12:19 PM

    It’s like saying that a builder must retain the blocklayers after the houses are built.

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    Mute Micheal S. O' Ceilleachair
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    Dec 9th 2018, 5:43 AM

    The key to the successful outcomes was the element of CID. In the teaching profession when a teacher reached a certain time on continuing unbroken temporary employment they automatically became fully employed even though the original employment had been temporary continuously. This entitled them to panel rights of redeployment and so on if the post was lost due to falling pupil numbers.
    If the CID was successful in one of these card cases then has a precedent been set?

    18
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    Mute Donal Hunt
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    Dec 9th 2018, 9:16 AM

    @Micheal S. O’ Ceilleachair: It would depend on the contracts and communication with the worker. Every case is different and its quite possible the work the successful complainant was different to these recent five.

    Projects typically have a number of roles and if you end up doing something similar to full-time staff but on different terms, the WRC will likely rule in your favour of you are being denied your rights.

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    Mute ChuckE
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    Dec 9th 2018, 10:01 AM

    Unions again. Temp job claiming they might have other work to do if they are kept on. A scam if nothing else and unions again pursuing the jobs for life mentality. It is the main cause of some bloated public service sectors

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    Mute is our stadium ready?
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    Dec 9th 2018, 3:32 AM

    No.

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    Mute Thomas Molloy
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    Dec 9th 2018, 10:07 AM

    We live in two parallel worlds, that of the honest and that of the dishonest yet we can only have one set of rules.

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    Mute Ian Breathnach
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    Dec 9th 2018, 3:41 AM

    “I’m entitled to a life long job” oh fck off.

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    Mute TamuMassif2019
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    Dec 9th 2018, 11:31 PM

    So who got most of that 60 million or can that money not be traced anymore?

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    Mute marg fitzgerald
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    Dec 9th 2018, 9:06 PM

    They should contact Mary Mitchell O’Connor, she thinks contracts mean nothing. If you want to stay on you should.

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