Introduction Defined benefit schemes (hereinafter DB schemes) provide members with retirement and death benefits based on formulae set out in the rules of the scheme. Benefits are often based on a member’s salary at retirement age and on his or her pensionable service. The pension benefit under a DB scheme are often for a lump […]
Stephen O'Sullivan
The Employment Injunction
Injunctions to restrain a dismissal When an employee is dismissed generally the employee will sue for unfair dismissal in the EAT. However, there are circumstances where an employee will attempt to injunct the dismissal in the High Court. Beginning with Fennelly v. Assicurazoni Generali SPA (Unreported Ex tempore, (Costello P.) 13th August, 1997 the High […]
Dismissal for retirement age
Litigating when an employee is dismissed on reaching retirement age Section 34 of the Employment Equality Act 1998 (EEA) makes it not unlawful on the age ground for an employer to fix retirement age and there is no qualification in the Act as to what criteria the employer may use to fix retirement ages. This […]
