Seamus Mallon v The Minister for Justice, Ireland and the Attorney General [2024]
Decision Number: [2024] IESC 20 Legal Body: Irish Supreme Court
Published on: 11/02/2025
Article Authors The main content of this article was provided by the following authors.
Duncan Inverarity Former Partner & Head of Employment Law, A&L Goodbody LLP
Duncan Inverarity Former Partner & Head of Employment Law, A&L Goodbody LLP
Duncan inverarity 100x100

Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.

Summary

This case clarified key points concerning the law on mandatory retirement.

Background

What happened? 

Mr. Mallon was appointed Revenue Sheriff in 1987. The Courts Officers Act 1945 provides that the retirement age for sheriffs is 70 years. In May 2022, Mr. Mallon reached the age of 70. 

During his appointment he continued in private practice as a solicitor and as noted by the Supreme Court, since his retirement as Sheriff, is once again free to devote himself full time to his profession, should he wish to do so. 

Mr. Mallon brought judicial review proceedings challenging the lawfulness of the mandatory retirement age. He contended it was discriminatory on the grounds of age and that there were no, or no

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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 11/02/2025
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