An on-call firefighter, Jimmy Murphy, has been awarded €15,000 in compensation after the Workplace Relations Commission ruled that Carlow County Council discriminated against him on grounds of age by refusing to extend his contract beyond the mandatory retirement age of 60. Murphy, supported by his trade union, SIPTU, argued that the council had breached the Employment Equality Act by having an unjustified mandatory retirement age.
An on-call firefighter whose request to have his annual contract extended after he reached the mandatory retirement age has been awarded €15,000 in compensation.
Mr Murphy told the WRC that he had started work as a retained firefighter in 1994 and continued to work on one-year fixed term contracts after reaching the normal retirement age of 55 years until the mandatory retirement age of 60 years, which he reached on December 30, 2023. In March 2024, SIPTU noted that firefighters were not referred to in an announcement that the mandatory retirement age was being increased from 60 to 62 years for other public service workers like Gardaí and prison officers – a change which was implemented “with immediate effect” by a circular issued in May 2024.
The LGMA said Carlow County Council had implemented the circular consistently as no other retained firefighter had been allowed to work beyond 60. It claimed the legitimate aim of the mandatory age for retirement was the need for physical and mental abilities of retained firefighters as such abilities could diminish with age.
Mr Clinton said it was reasonable for Mr Murphy to have expected a local process on his request for an extension to his contract in the absence of engagement at national level.
Age Discrimination Employment Equality Act Retirement Age Firefighter Workplace Relations Commission
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