ADJUDICATION OFFICER RECOMMENDATION

Adjudication Decision Reference: ADJ-00003481

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 30/08/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The complainant submits that he was informed by the respondent that he would be eligible to take early retirement on a number of occasions and made significant plans and commitments in respect of his residence, career and education as a result. He has recently been informed that he was not eligible to avail of an early retirement option based on his entry date and that his entitlements are deferred until age 65. He has been unable to pursue his objectives and has incurred significant cost as a result of the information provided by the respondent.

He seeks a recommendation that he be given immediate access to the early retirement scheme and that he receive compensation in respect of expenses and losses incurred.

Respondent’s Submission and Presentation:

The respondent submits that the complainant is deemed a “new entrant” (he was first employed on the 7^th of July 2005) as provided in the Public Service Superannuation (Miscellaneous Provisions) Act, 2004. Accordingly his entitlement is to early retirement post age 55 on a cost neutral basis or alternatively a freezing of his entitlement age 65 (Circular 10/2005). The respondent is not in a position to change or alter the legal provisions. Review may only occur within the context of the IDR (pensions related) and appeal to the Pensions Ombudsman.

Decision:

The complainant was provided with information concerning his early retirement entitlement in February 2013 and December 2014 which was incorrect and in breach of the legislative provision. It is a matter of fact that he acted upon that information, made certain provisions of high import to him and his family and incurred certain expense as a result.

CA-00004137-0001: - I am not in a position to make a recommendation favourable to the complainant in circumstances where a legislative provision exists other than to suggest that he should consider his option under the IDR.

CA-00005214-0001: - With regard to his petition for compensation arising from losses and expenses incurred I would recommend that the respondent pay the claimant €2,490 (say two thousand four hundred and ninety euro) net, being the full amount claimed in submission.

Dated:   04/01/2017