A PART-TIME firefighter has won his High Court challenge to a move by a local authority to retire him at the age of 58.
Patrick Reilly (58), Bally Park, Drogheda, Co Louth, is entitled to work until the age of 65 as long as he remains healthy and fit enough to do so, Ms Justice Mary Laffoy ruled yesterday.
Mr Reilly, who has been employed by Drogheda Borough Council as a "retained" firefighter since 1980 and has also worked as a driver with the council since 1985, had sought a High Court declaration that, under the terms of his original employment agreement, his retirement age is 65. The council denied that claim.
In her reserved judgment yesterday, Ms Justice Laffoy granted Mr Reilly a declaration that he should not be retired until 65, subject to his remaining fit and healthy as that was an original part of his employment agreement.
Mr Reilly said he was informed by a member of the interviewing panel during his job interview that the appointment was to age 65. He was paid an annual retainer plus "fire fees" for each call-out. The job was not pensionable although there was provision for an ex-gratia payment on retirement.
In 1985, the Labour Court issued a recommendation, following a dispute over the ex-gratia retirement payment, that there should be a compulsory retirement of 55 for retained firefighters.
In 2002, trade unions Siptu and the ATGWU sought an increase in the retirement age and the ex- gratia payment. As a result, a binding collective agreement between the trade unions and the Local Government Management Services Board (LGMSB), representing the local authorities, was drawn up in which 55 was set as the retirement age.
The agreement also provided for the age to be extended to 58 providing firefighters were found medically capable of working past 55.
The Department of the Environment, Heritage and Local Government, later issued a circular letter to all councils stating that "under no circumstances" should any firefighter be allowed to work beyond 58 unless they had a written employment contract saying they could.
When Mr Reilly reached 55, he was granted extensions to his tenure for the following three years until this year, when the council refused a further extension. Mr Reilly's lawyers had written to the council saying his retirement age was 65 under his contract of employment and High Court proceedings were later initiated.
Ms Justice Laffoy found that when Mr Reilly joined the fire service in 1980, the retirement age was 65 and this could only be varied by consensus, not unilaterally by the council. His original appointment was also conditional on his good health and undergoing medical examinations.
While the agreement bringing in the 55 year retirement age was binding between the LGMSB and the trade unions, one of which Mr Reilly was a member, the judge said it could not be concluded he had acquiesced to that agreement.