A PART-TIME firefighter with an “impeccable record” has brought a High Court action aimed at preventing Drogheda Borough Council retiring him.
Patrick Reilly (58), of Bally Park, Drogheda, Co Louth, has been employed as a retained firefighter with the council since 1980 and wants a declaration from the court that an agreement between him and the council means his retirement age is 65. He is also seeking an injunction preventing the council from retiring him until he reaches 65, plus damages.
The council is opposing the action and denies Mr Reilly’s retirement age is 65.
Counsel said Mr Reilly had only a short time to serve before he would receive a Golden Flame award, given in recognition of those who have given 30 years’ service as a firefighter.
Mr Reilly claims that, at the time of his employment, it was represented to him that his retirement age would be 65 and that the post was not pensionable.
Mr Reilly said the council, in sending him notice he was to be retired, had referred to negotiations between Siptu and the Local Government Management Service Board about the retirement age of retained firefighters.
The matter was referred to the Labour Court in 2002 and an expert group was set up which recommended a retirement age for all firefighters of 55. Mr Reilly said he believed the terms of the report did not apply to retained firefighters whose written contracts of employment specify a retirement age beyond 55.
The council claims the retirement of Mr Reilly does not represent a breach of contract. It argues the retirement age for retained firefighters was changed to 58 on foot of a binding collective agreement entered into by the Local Government Management Services Board and Siptu.
The case continues.