LCR21549

• This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 16 May 2017 the Adjudication Officer issued the following Recommendation:-
  
  • Based on written and oral evidence presented at the hearing, I find that the complaint is not well-founded and therefore fails. The Complainant is bound by the terms of a collective agreement that is in place between the employer and its employees. This collective agreement was negotiated on behalf of the Complainant and his colleagues by his trade union.

• The Complainant appealed the Adjudication Officer’s Recommendation to the Labour Court on the 22 June 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
  
  A Labour Court hearing took place on 3 August 2017.

The Worker was employed as a retained firefighter with Meath County Council from 1 July 1977 until he reached the mandatory retirement age applicable to fire fighters (i.e. age 58) on 17 October 2016. The applicable mandatory retirement age was established on foot of a binding national agreement entered into in 2002 by the LGSNB, on the one hand, and SIPTU and the ATGWU, on the other whereby the parties to the agreement undertook in advance to be bound by the recommendations of an expert group set up to review the retirement age for all grades of the retained fire service. The expert group published its report on 16 April 2003 and recommended, inter alia: (i) the preferred retirement age for retained firefighters should remain at 55, subject, however, to firefighters who were physically capable of working beyond the preferred age having the option to continue working for a defined limited period, subject to an annual compulsory medical assessment; (ii) the extended optional period would be to age 58.

Following the publication of the expert group report, the Department of the Environment, Heritage and Local Government issued a circular letter (19/03, dated 24 November 2003) to each local authority stating the findings of the report were binding on local authorities and retained firefighters. It also stipulated that, “under no circumstances should any firefighter who does not have a written contract of employment with a higher retirement age be employed beyond age 58”. This stipulation reflects a similarly worded recommendation in the report of the expert group.

The Parties’ Submissions

The Worker submits that he has an entitlement to continue in service as a retained firefighter beyond the age of 58 on the basis that he received a written contract of employment on the date of his appointment that stated that his retirement age would be 65. The Worker was unable to produce any documentary or other evidence in support of his submission. The Respondent, on the other hand, exhibited a copy of a document entitled: “Meath County Council: County Fire Service. Conditions of Service, Duties etc. for Retained Firemen”. The Respondent submits that this is a copy of the document issued to the Worker on his appointment setting out his terms and conditions of employment, including his retirement age of 55 years. The document is undated. However, the Respondent also exhibited a file copy of the covering letter addressed, and sent, to the Worker. Furthermore, the Respondent confirmed that the rates of the retaining and other fees specified in the document were the rates that applied in 1977. This was not disputed by the Worker.

Recommendation

Having regard to the Parties’ written and oral submissions, the Court finds that the Worker’s claim is not well-founded. Accordingly, the appeal fails and the recommendation of the Adjudication Officer is upheld.

The Court so recommends.

Signed on behalf of the Labour Court



Alan Haugh
CR______________________
14th August, 2017Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.