FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILKENNY COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Retirement age for Full Time Firefighters.
BACKGROUND:
2. The case before the Court concerns a dispute between Kilkenny County Council and SIPTU in relation to the compulsory retirement of full time Firefighters employed by the Council. The Union's position is that the contract of employment of the Firefighters was silent on the issue of retirement and as a result an expectation existed that 65 was the appropriate retirement age. Management's position is that retirement age for full time Firefighters nationally is 55 years of age as is provided for in the Local Government Superannuation Code through the doubling of service of Firefighters after 20 years to ensure full pension entitlements at 55.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 30th September 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court Hearing took place on Tuesday 2nd May 2006, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. As the contract of employment was silent on retirement age, an expectation existed that the Firefighters could remain active until age 65
2. 80% of full time Firefighters in Ireland can continue working until age 65. It is unacceptable that the claimants in this case are being compulsorily retired at age 55.
MANAGEMENT'S ARGUMENTS:
4. 1. It is accepted practice nationally that 55 is the accepted retirement age for Firefighters.
2. The provision of doubling service for Firefighters with over twenty years service to ensure full pension entitlement at age 55 proves that no realistic expectation could have existed to remain in employment until age 65.
RECOMMENDATION:
Whilst no retirement age was specified in the Claimants' contracts of employment the Court is satisfied that the established custom and practice in Kilkenny County Council is that Fire-Fighters retire at age 55. On that account the Court does not accept that any basis exists upon which the Claimants could have had a reasonable or legitimate expectation that they could remain in service until age 65.
Nevertheless, the Court is of the view that the claimants should be given the opportunity to accrue full pension rights before being compulsorily retired. Accordingly the Court recommends, that the employments of the claimants be extended in line with the offer made by the Council at conciliation.
The Court notes that in the case of the retained fire service a facility has been agreed nationally for the extension of service, in certain circumstances, up to age 58. Should the Union wish to pursue a similar arrangement in respect of the Claimants, it should do so through the appropriate national channels.
Signed on behalf of the Labour Court
Kevin Duffy
16th May 2006______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.