INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
DUBLIN CITY UNIVERSITY
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Appeal of Rights Commissioner's Recommendation r-145250-ir-14/JT.
2. This dispute concerns the Worker's claim that she was unfairly prevented from remaining in employment after she reached sixty five years of age. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 28th January, 2015 the Rights Commissioner issued the following Recommendation:-
- "The [Employer] cited the law and case law in support of their case. I am obliged to follow these in this case. I therefore do not find the claim well founded and it fails."
On the 5th March, 2015 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th April, 2015.
3. 1. The Worker started working for the Employer in November 2000.
2.The Worker was not, however, allowed enter the Employer's Pension Scheme until July 2005.
3.Accordingly, section 3 of the Public Service Superannuation (Miscellaneous Provisions Act, 2004, provided that the Worker has no compulsory retirement age.
4. 1.The Worker's compulsory retirement date is clearly provided for per the Civil Service Regulation Act, 1954.
2.The Worker was treated exactly the same as her other colleagues who retired.
3.The Employer is precluded by statute and case law from conceding this claim.
The Court has given careful consideration to the submissions of both parties to this dispute. The Court takes the view that, in the unique circumstances of this case, the University should pay the Claimant a lump sum of €7,000 in full and final settlement of all the matters in dispute.
The Court so decides.
Signed on behalf of the Labour Court
21st April, 2015______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.