Leitrim firemen unfairly dismissed

Three Co Leitrim firemen have been awarded a total of over €75,000 for unfair dismissal after they were forced to retire early…

Three Co Leitrim firemen have been awarded a total of over €75,000 for unfair dismissal after they were forced to retire early.

The decision by the Employment Appeals Tribunal overturns an earlier ruling by a rights commissioner in favour of the men's employer, Leitrim County Council.

It could also have implications for 25 other firemen who joined the service before 1983 and who have no written contracts.

In the present case, the three men told the tribunal they always expected to work until they reached 65 years of age.

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However, after 1983, a retirement age of 55 years was introduced and the council contended that a review of the retirement age made this binding on all firefighters, including the three men. One of the men told the tribunal that when he joined the service in 1968, his superior told him he would be in the service until he was 65.

He was disappointed when he had to retire but "there were new chiefs, [ a] new kids on the block, a get them out mentality".

The tribunal ruled that the 2003 review did not apply to firefighters who had binding contracts with a retirement age of 65, and it said it could see no reason for any distinction between firefighters whose terms and conditions were written down and those who had no written contracts.

It awarded one man €27,450 and another €47,631 in compensation and said it did not feel it appropriate to reinstate the pair, who have not reached 65. The third man has reached this age.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.