A Circuit Court judge has ruled that Galway County Council has established a prima-facie case in its appeal against a decision by the Employment Appeals Tribunal in favour of 11 firefighters in Galway. It found earlier this year that the part-time firefighters were unfairly dismissed on reaching 55 years of age.
It ruled that the fire officers should not be forced to retire at 55 as they had a legitimate expectation when they joined the service that they would not be retiring until they reached 65.
Galway County Council appealed the tribunal's ruling at Galway Circuit Civil Court yesterday. After hearing evidence from two of the fire officers, a union representative and submissions from senior counsel for the council and the fire officers, Judge Raymond Fullam adjourned to November 23rd for hearing.
Brian O'Moore SC, for the council, submitted that the firefighters had not been unfairly dismissed in October 2003, as their union representatives in Siptu had reached an agreement with council officials in 2001, which stipulated that all firefighters should retire at age 55, on condition all officers be paid increased gratuities.