Hayden and Sharkey v Roscommon County Council

• Jurisdiction: Ireland
• Judgment Date: 20 December 1998
• Judgment citation (vLex): [1998] 12 JIEC 2001
• Date: 20 December 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Hayden and Sharkey v Roscommon County Council

Claimants were firemen with the respondent. At the time of their employment the retiring age was 65. They had never signed a contract with terms and conditions of employment. Union negotiators agreed a new retirement age of 55 for all new recruits. The respondents contended that the claimants could not afford the benefit of the Unfair Dismissals Acts. They claimed that section 2(1) (b) excludes an employee who, on or before the date of their dismissal has reached normal retirement age. The Tribunal rejected this contention on the facts of this particular case. The respondents attempted to show by documentation that an agreement did exist between the parties. The Tribunal rejected the submissions and followed Donegal County Council v Porter &...