EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD253/2014
CLAIM(S) OF:
Michael Browne - claimant
against
Shantalla Community Development Company Limited - respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr. W. O'Carroll
Ms H. Henry
heard this claim at Galway on 2nd July 2015
Representation:
_______________
Claimant(s) : In Person
Respondent(s) : In Person
Determination
The claimant was employed on a community development scheme by the respondent company. The company has charitable status and its sole purpose is to facilitate the community employment scheme. Funding for its employees including the claimant is provided by the Department of Social Protection.
The claimant was employed for approximately 7 years and his employment terminated on 19 December 2013 when the respondent became aware that he had passed his 66th birthday. In that regard a copy of an e-mail issued by the Department to the respondent was opened to the Tribunal. This e-mail stated “please note the person listed below has passed the eligible age for Comm Emply and so must be terminated immediately”. The person ‘listed below’ was the claimant.
The claimant contended that he was unaware that the age of 66 was the mandatory age of retirement/cessation of employment. Evidence provided by witnesses for the respondent convincingly refuted this contention. The Tribunal takes judicial notice of the practice of retirement/cessation at age 66. The claimant has not displaced this judicial notice as a matter of practice. Instances were given to the Tribunal of employment engagement for short terms beyond the age of 66 but these instances were all of an exceptional nature.
In all of the circumstances no element of unfairness attached to the claimant’s dismissal and accordingly the Tribunal finds that the claim under the Unfair Dismissals Acts 1977 to 2007 fails and is hereby dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)