County sherriff’s challenge to age 70 retirement gets Supreme Court appeal

He claims, in his action against the Minister for Justice and Equality and the Attorney General, that the mandatory retirement age is unjustifiably discriminatory.

The Minister opposed his action. It was argued, among other things, that the retirement age was legitimate on grounds including the creation of age balance in the workforce, intergenerational fairness and standardising the retirement age in the public service. That court held that although the mandatory retirement age was discriminatory, this discrimination was justified on the basis of a number of legitimate objectives.The Minister also cross-appealed on grounds claiming the issue was not capable of judicial review and that Mr Mallon should have pursued his discrimination claim through the Workplace Relations Commission.

The panel said the appeal should focus on issues including whether the mandatory retirement age was compatible with EU law.

Only a fool would want to work past 70.

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