The Labour Court found Longford County Council unfairly dismissed Michael Neilon and ordered his reinstatement until he reaches 70, overturning an Adjudication Officer’s decision that the complaint was outside her jurisdiction. The Court’s determination was dated 2 September 2019.
Neilon, a lorry driver and outdoor worker, said he expected to work beyond 66, citing colleagues who stayed on and an assurance at a 2006 meeting that he could work until 70. The Council said its retirement policy set age 66 for outdoor workers employed before 2004.
The Court found there was no compulsory retirement age applying to Neilon in legislation, his contract or a collective agreement. It noted that workers in similar circumstances had remained employed beyond 66, and found the Council had not shown that Neilon knew or should have known of a normal retirement age. It ordered his reinstatement on his previous terms and conditions until age 70.