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Labour Court rejects retained firefighter’s gratuity appeal against Cork County Council

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed a worker’s appeal over a retained firefighter gratuity and affirmed a Rights Commissioner’s recommendation rejecting the claim. The decision was signed on 22 November 2007. The worker, represented by the Services Industrial Professional Technical Union, served in Cork County Council’s retained fire service for 23 years before resigning in 1996. He sought a gratuity at age 55 based on his service before resigning. The Court found that the agreement in force when he left did not preserve a gratuity for him. A later amendment allowing such payments applied only from 1 January 2005, so it did not change his entitlement. The Court said his situation appeared inequitable and should be considered by the parties to the agreement, while accepting the Council was bound by its terms.

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