Recent Caselaw: Mandatory Retirement Ages and Post-Retirement Fixed-Term Contracts

This article discusses a recent Workplace Relations Commission “WRC” decision and a recent Labour Court decision on the knotty subject of mandatory retirement ages.

Case 1: Tom Kitterick v Mayo County Fire Service (ADJ-00050808)

Facts:

Mr. Kitterick (the “Complainant”) commenced working for the Respondent in 2008 as a fire fighter at the Westport Fire Service in County Mayo. In 2019 he was promoted to Station Officer. The Complainant had been granted two extensions of his employment, from age 55 to 58 and from 58 to 60. Both occurred after he completed a successful medical assessment. The Complainant then requested to be retained beyond his 60th birthday.  However, his employment terminated on the 18th December 2023, his 60th birthday. The Complainant sued under the Employment Equality Acts 1998-2015 as amended (hereinafter the “EEA”) on the basis of discrimination on the grounds of age.

Of note is the fact that the refusal to extend the Complainant’s contract beyond retirement age came just three months prior to the introduction of a new circular which extended mandatory retirement age to 62. This proposed extension had been flagged in August 2023 and unions and management were supporting it, although the circular did not issue or take effect until May 2024.