Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court refused an application by a civilian driver working for An Garda Siochana for an injunction to re-engage him after his mandatory retirement at age 70, as ordered by the Workplace Relations Commission (WRC) pending an appeal to the Labour Court. The plaintiff had claimed age discrimination, as colleagues hired at different times were not subject to the same retirement requirement. The WRC had found in favor of the plaintiff, but the decision was appealed to the Labour Court by the first defendant. The High Court concluded that there was no jurisdiction to grant an injunction pending a decision of the Labour Court, and there were no exceptional circumstances that might justify such a measure.
Mandatory retirement, age discrimination, Workplace Relations Commission (WRC), Labour Court, Employment Equality Act 1998, Workplace Relations Act 2015, interlocutory injunction, statutory appeal process, EU Charter of Fundamental Rights, effective remedy, interim measures, Public Service Superannuation (Age of Retirement) Act 2018, discrimination claim, enforcement mechanism, High Court.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now