If there are any specific topics you would like covered in this publication, please forward your suggestions to Thomas McDonagh of Adare Human Resources Management: firstname.lastname@example.org.
- Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Managing Discipline Matters. Read more >>>
- Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
- What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>
Retirement Age is an area which is continuing to be a topic of concern for Employers. In the past number of years, there has been a surge in case law directly linked to retirement age of Employees, and whether Organisations can stand over compulsorily retiring Employees from work on the attainment of a certain age. At the present time, there is no compulsory retirement age for Employees across the Republic of Ireland, however that is not to say that Organisations cannot enforce retirement age for Employees of the Organisation when same is objectively justified and there is a business / organisational reason for this. In case law, such objective reasons are ‘narrowly defined’.
The age at which an Employee is currently eligible to receive the State pension is 66 (as of the 1st January 2014). In 2021 this will increase to 67 years of age, and in 2021, it will further increase to 68. Therefore, Employers should be cognisant of the difference between the age at which it may seek to enforce retirement age may differ from the age at which an Employee will be eligible to receive State pension.