Quigley v The Health Service Executive [2017]

Posted In: Case Law
  • Case Reference
    IEHC 654
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Discrimination, Contracts of Employment
Issues covered: Employment Equality Acts, 1998 – 2016; Termination of Employment; Age Discrimination; Mandatory Retirement

This case involved a claim by the plaintiff that the defendant was not entitled to terminate his employment based on age. The plaintiff had worked for the defendant since 1998 and was informed a month before his 65th birthday that his employment would terminate with effect from his 65th birthday. This termination was due to the fact Mr Quigley would be reaching the purported maximum retirement age of 65.

Accordingly, the plaintiff sought an injunction restraining same, pending the determination of proceedings. The plaintiff challenged the termination on the basis that his contract of employment was not subject to a maximum retirement age and there was no provision preventing him continuing

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This article is correct at 09/11/2017

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