EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Peter Krause – claimant UD1548/2013
against
Lufthansa Technik Turbine – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J Lucey
Members: Mr. J. Hennessy
Mr F. Dorgan
heard this claim at Limerick on 22nd April 2015
Representation:
Claimant: Mr Ger Kennedy of SIPTU, 4 Church Street,
St John’s Square, Limerick
Respondent: Mr Niall Beirne BL instructed by Mr John Dunne of McInnes Dunne Solicitors,
78 Merrion Square, Dublin 2
The determination of the Tribunal was as follows:-
Determination
The claimant in this case contended that he was unfairly dismissed in May 2013 when he reached the age of 65 and became eligible for a pension. The claimant’s representative told the Tribunal that the Contract of Employment he signed in August 2004 did not specify a retirement age.
The representative for the respondent told the Tribunal that it was a term of the claimant’s employment that he join the pension scheme and under this scheme the normal retirement age is 65 and at which time a pension is payable. The claimant had been concerned by changes to the rules governing Social Welfare pensions, raising the age of eligibility to 66. In response to his concerns the respondent gave him a fixed term contract for one year. The claimant accepted this contract and also claimed his pension under the respondent’s pension scheme.
The Tribunal read the papers handed to it and listened to the submissions made by the parties. The Tribunal finds that the claimant’s employment ended when he reached the age of 65, which is considered normal retirement age by the respondent and is clearly stated in the terms of their pension scheme. The claimant accepted this state of affairs and signalled his acceptance by taking his pension.
The Tribunal finds that the claimant’s employment was lawfully terminated. The claim under the Unfair Dismissals Acts 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)