Legal status of government circulars

[noseynu]

Hello, I am trying to get clarity on government circulars. As I dont work in my HR dept, no official body (incl DOES) will respond to my queries. I am consistently referred back to my HR dept., who do not seem to have the info.

Could anyone tell me:
1. if Department of Education circulars are considered guidelines or are employers legally bound by them?
2. Also, can circulars be backdated or is their relevance only from date of issue? Specifically, I refer to circular 12/2023 section 3.4 on salary payment as a result of employer delays in notifying OHP appointments.
3. Dual duties and dual duties allowances were prioritised, under a national review of allowances, for elimination in 2016....has this happened yet.
4. Do the allowances regulations/circulars pertaining to the ETBs, govern the IOTs/Technological Universities?

If you can throw light on any of above I would appreciate it. They are very specific so

Thanking you

 

[Marsupial]

Would Union Head office not be able to answer those queries for you?

 

[Dr Strangelove]

1. if Department of Education circulars are considered guidelines or are employers legally bound by them?

My understanding has always been that they are binding on the employer.

The problem is that circulars are not consolidated, not cancelled when they are amended or replaced, and are full of vague language and clauses to allow management a lot of discretion.

The odd time I’ve had to consult circulars I’ve gone round in circles to pardon the pun. My own theory is that the unions prefer this mess as it forces their members to rely upon their expertise.

Do the allowances regulations/circulars pertaining to the ETBs, govern the IOTs/Technological Universities?

If the circular comes from the department of higher and further education, write them a letter setting out your query clearly. Likewise, for the department of health or the department of public expenditure and reform.

 

[noseynu]

Thankyou for your replies. I suppose its the wriggle room I am trying to find. The specific circular I am looking at (12/2023) revokes a previous one from 2018, so but does not say that the provisions are backdated (or otherwise).

Unfortunately, to date, my union expertise is less than confidence inspiring.

What I really need is someone in the Department who would talk informally to me - madly dredging my networks but so far to no avail. Needs to be someone higher up the ladder, with specific knowledge.

 

[Dr Strangelove]

The specific circular I am looking at (12/2023) revokes a previous one from 2018, so but does not say that the provisions are backdated (or otherwise).

If it doesn’t specify backdating then I suspect it’s not unfortunately. IANAL.

Unfortunately, to date, my union expertise is less than confidence inspiring.

Likewise, local knowledge likely limited but probably someone in head office who can help. You are much more likely to get a useful informal discussion with a union rep than from management.