Fogarty v Córas Iompair Éireann

• Jurisdiction: Ireland
• Judgment Date: 01 January 1959
• Date: 01 January 1959
• Court: Supreme Court

(S.C.)

Fogarty

and

Coras Iompair Eireann

Employees - Contributory scheme - Scheme modified by order made under subsequent legislation - Effect upon existing rights -Transport Act, 1944, s. 45 - Transport Act, 1944 (Section 45) Order, 1945.

The plaintiff had been employed as a railway porter by the defendant company and their predecessors for about forty-one years, when, in 1953, he left their employment without their consent some six years before he reached the normal retiring age. In 1944 his employers had introduced a contributory pension scheme and he had joined it. By virtue of section 45 (3) of the Transport Act, 1944, this pensions scheme was modified by ministerial order. Under the original scheme a reduced pension was payable to members with a minimum of twenty years' service who left the company's service "for any reason" within ten years before they reached the normal pension age. The relevant modification of this scheme restricted the right to a reduced pension to members with the same service qualifications who left the service with the company's consent. The plaintiff did not apply for membership of the modified scheme...