The Department of Education, Sports and Culture can fully fund a position that includes trade union duties as part of the employer’s role.
Ramsey MHK Lawrie Hooper requested to know “under what powers the Department of Education, Sport and Culture is able to fully fund a position to undertake union duties”.
The Attorney General explained that DESC may employ individuals directly or may act as the stationed employer in respect of the employment relationship for Civil Servants working within the Department.
Union Rep
Walter Wannenburgh said: “The power to employ civil servants is derived from section 3 of the Public Services Commission Act 2015, which empowers the Public Services Commission to appoint and manage civil servants across Government Departments, DESC may also exercise powers conferred under the Government Departments Act 1987, which establishes Departments as bodies corporate capable of undertaking functions conferred by statute or delegated by the Council of Ministers.
“In addition, section 69(3) of the Interpretation Act 2015 provides that where a statutory power is conferred, it includes all powers reasonably incidental or ancillary to the exercise of that power.
“This supports the Department’s ability to fund and facilitate roles that include trade union duties, where such duties are commensurate with (and regarded as incidental or ancillary to) the employee’s job description and grade. Additionally, where trade union duties form part of the employment contract, they may be lawfully undertaken during paid working hours.
“There are additional statutory rights for employees to undertake union duties under section 35 of the Employment Act 2006. Taken together, these provisions provide the legal basis for DESC to fully fund a position that includes trade union duties as part of the employer’s role.”
