The Labour Court upheld the dismissal of eight age discrimination complaints over pension cuts linked to the pension levy. Its determination was signed on 13 April 2015.
Michael Mac Namara and seven other named complainants, all retired employees receiving pensions from the ESB Defined Benefit Pension Scheme, said applying the levy reduced their benefits and discriminated against them on age grounds. The Trustees of the ESB Defined Benefit Pension Scheme disputed the claim.
The Court found the claims were referred outside the time limit, which required them to be made within six months of the end of employment. The complainants had left between 30 October 1996 and 26 February 2011, but referred their claims in December 2012. Even an extension could not bring them within time. The Court upheld the Equality Officer’s dismissal; the appeal failed and the discrimination merits were not decided.