Michael O Mahony v University of Limerick [2023]
Decision Number: ADJ-00031897 Legal Body: Workplace Relations Commission
Published on: 14/09/2023
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Background:

The Complainant, a student counsellor, had been working 19 hours per week for the Respondent, University of Limerick, on an independent contractor basis since January 2001. The Respondent was the subject of a SCOPE and Revenue review which found the Complainant’s terms and conditions of work with the Respondent meant that as a matter of law, the Complainant had been working as an employee and therefore should have been subject to all terms and conditions which were applicable to employees. One such term was section 8 of the Civil Service Regulation Act 1956, which requires employees such as the Respondent to retire at the age of 65.

The Complainant alleged that the imposition of this retirement age was

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/09/2023
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