Seanad debates
Thursday, 26 February 2004
Public Service Superannuation (Miscellaneous Provisions) Bill 2004: Committee Stage (Resumed).
1:00 pm
Brian Lenihan Jnr (Dublin West, Fianna Fail)
This is a very technical point. Of course there may be a new contract dealing with the actual payment of wages and the implied terms of the relationship, but there is a wider relationship, with legal consequences, which is acknowledged by the Department in that context. It is a labour law contract relationship. The employment relationship which entitles a person to be considered for return is sufficient in the view of the Department to constitute a legal obligation and therefore an ongoing employment relationship for the purposes of the operation of this section. That is the key. Once a person resigns, as I said a few moments ago——
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