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.
The Workplace Relations Commission ruled that Carlow County Council had discriminated against retained firefighter, Jimmy Murphy, on grounds of age by refusing to consider extending his contract beyond the age of 60 years.
Mr Murphy, who was supported by his trade union, SIPTU had claimed the local authority had breached the Employment Equality Act by having a mandatory retirement age which was not justified by a legitimate aim and the means of achieving it were not appropriate or necessary.
Carlow County Council rejected the claim that it had discriminated against the complainant on age grounds.
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 30th, 2023.
Mr Murphy said he had applied to the council’s chief fire officer prior to that date for an extension of his existing contract.
As he had successfully passed all annual health assessments, he said he felt he could continue to serve for the foreseeable future and was willing to take another medical examination, if required.
However, the chief fire officer sent him a copy of a 2020 circular which stated that no further extensions could be granted beyond 60.
The WRC heard that a settlement agreement overseen by the WRC in August 2023 recorded that the trade union intended to pursue a voluntary increase in the retirement age for retained firefighters.
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.
A SIPTU representative told the WRC that there were no details on the legitimate aim or research on the appropriate mandatory retirement age.
The Local Government Management Agency, which represented the local authority, maintained that the 2020 circular stipulating a mandatory retirement age of 60 years was in place at the time that Mr Murphy sought an extension of his contract.
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.
In his ruling, WRC adjudication officer, Seamus Clinton, said he was satisfied that the mandatory retirement age was objectively and reasonably justified by legitimate aims.
However, Mr Clinton said there was no evidence of consideration of the means that were appropriate and necessary in the incremental changes in the retirement age for retained firefighters from 55 to 58 and then from 60 to 62 years.
He noted the most recent extension was flagged in August 2023 but did not take effect until May 2024.
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.
“It is regrettable that no consideration either nationally or locally took place to use the normal medical assessment on an interim basis pending the imminent extension,” the WRC official remarked.
He also observed that the 2024 circular for some reason did not address those that had just exited and unsuccessfully applied for extensions.
Awarding Mr Murphy a sum of €15,000 in compensation, Mr Clinton said the lack of consideration of any appropriate means was “unreasonable.”
He said Mr Murphy had been “left in limbo” with no consideration of his extension request either nationally or locally,
The WRC said it considered ordering Carlow County Council to reinstate Mr Murphy as he appeared to be fit and healthy, but noted he had sought compensation as redress.
