asked the Minister for Local Government whether he is aware that road workers employed by the Dublin County Council who took part in a strike in 1947 have been disqualified from benefiting under the Local Government (Superannuation) Act, 1948; and if so, whether in view of this treatment of men because they exercised their right to strike, he will arrange, if necessary by the introduction of proposals for legislation, that local authorities will not deem an absence due to an industrial dispute as constituting a break in continuous service.
Ceisteanna—Questions. Oral Answers. - Road Workers' Superannuation.
asked the Minister for Local Government whether he is aware that a number of road workers in County Dublin have been deprived of the right to benefit under the Local Government (Superannuation) Act, 1948, due to the fact that they were on strike for a period in 1947; and, if so, whether he will make immediate arrangements, if necessary by the introduction of proposals for legislation, to have this right restored to them.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 35 and 36 together. I have received a statutory appeal in connection with this matter from an employee of the Dublin County Council on which I hope to give an early decision. The Deputies will understand that, in the circumstances, I cannot give them a fuller reply at this stage.
asked the Minister for Local Government if he will state what action he proposes to take to ensure that provision in respect of superannuation is made for employees of local authorities who were over 60 years of age at the date of commencement of the Local Government (Superannuation) Act, 1948, and who have not sufficient continuous service to entitle them to a pension under that Act.
The main difficulties appear to arise from the interpretation of the expression "continuous service" by some local authorities, who are inclined to regard absences due to illness and other similar causes as breaking continuity of service. If local authorities having difficulties will submit sample cases, I will be glad to have them examined.
Does the Parliamentary Secretary maintain that absence through illness constitutes a break in continuous service?
I have informed the Deputy that I am not prepared to give a decision in this matter now. There is a test case by one of the local authorities in progress at the moment. It has been the subject of various interpretations by different local authorities and I should imagine that the decision in this case will govern the practice in the future.