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Labour Court rejects civil servant’s unfair-dismissal appeal over retirement at 65

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court rejected George McLoughlin’s appeal over his retirement from the civil service at 65, affirming the adjudication officer’s decision. Chairman Kevin Foley signed the determination on 12 July 2018. McLoughlin said he was unfairly dismissed on his 65th birthday after seeking to remain in employment. The Minister for Jobs, Enterprise & Innovation argued that 65 was the normal retirement age for civil servants and that McLoughlin had withdrawn his application to remain.

The Court found that 65 was the normal retirement age and no application to remain was in force when McLoughlin's employment ended. It ruled that the facility to apply for retention did not change that age. The appeal failed because the Unfair Dismissals Act did not apply to the termination; the merits of the unfair-dismissal complaint were not decided.

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