FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Dispute concerning the retirement age of two workers.
BACKGROUND:
2. The two workers concerned are long-term employees of the fire service having joined in 1972 and 1977 respectively, as firemen in Galway City Fire Service. The retirement age applicable to them was 65 years of age. In 1985, both were appointed to the posts of sub officer, which has a retirement age of 55 years. The Union states that at the time of appointment both workers were unaware that accepting the appointment would mean accepting retirement at the age of 55. The Council states that both workers were provided with application forms,which showed the qualifications required and particulars and duties of the post of sub officer and were aware of the retirement age of 55 when applying for the post. The Union claims that the workers should be allowed to retire at age 65. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 24th February, 1999. No agreement was reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 20th of April, 1999. A Labour Court hearing was held in Galway on the 13th of October, 1999.
UNION'S ARGUMENTS:
3. 1. The two workers joined the fire service when retirement age was 65 years of age. Their letters of appointment to station sub officer contained no reference to any change in their terms and conditions of employment.
2. The workers were not advised nor did they sign any contract which would change their retirement age. The Union was not aware of the change in retirement age in 1984, referred to by Galway County Council and was never involved in any negotiations on this issue.
3. The Council has imposed a unilateral change in the workers' terms and conditions which is unacceptable.
COUNCILS'S ARGUMENTS:
4. 1. For some years before the workers' appointments as sub officers, other fire authorities were introducing a retirement age of 55 years and Galway County Council was among them. Its fire fighters have parity of basic pay with Limerick Corporation fire fighters and all fire fighters up to and including station officers in Limerick Corporation have a retirement age of 55 since 1973. The retirement age of 55 had already been specified in employment particulars for other full-time fire fighters recruited by Galway County Council prior to the two workers appointment as sub officers. One such appointment was made in November, 1984.
2. The Local Government Superannuation Code makes provision for the doubling of fire fighters' service over 20 years. This provision facilitates a retirement age of 55 for fire fighters, which is also specifically provided for in the Superannuation Code.
3. The Union has not disputed that 55 is the normal retirement age of fire fighters in Galway County Council.
4. The Council is satisfied that the Union was informed when the retirement age of 55 in the fire service was being introduced. The particulars of their employment were provided to them along with the application forms for the post of sub officer posts in 1985 and both workers were aware of the 55 age limit.
RECOMMENDATION:
The Court having considered the written and oral submissions made, recommends that in this unique situation retirement for these 2 people should be at 60 years of age.
Signed on behalf of the Labour Court
Finbarr Flood
21st October, 1999.______________________
TOD/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.