Labour Court overturns overtime pension recommendation on Department of Defence appeal

In 2003, the Labour Court upheld the Department Of Defence’s appeal and overturned a recommendation to include a retired Range Attendant’s regular overtime in his pension calculation. The decision was dated 19 March 2003. The Services Industrial Professional Technical Union argued that the overtime should count towards the worker’s pension and lump sum. The Court found that the pension scheme excluded overtime from reckonable emoluments and that his overtime was neither compulsory nor a requirement of his post. It upheld the Department’s argument that the overtime could not be counted for pension purposes.