Retired Mayo council workers taking legal action over pension claim
Fourteen retired employees of Mayo County Council who want overtime worked during their long careers to be considered as part of their superannuation (pension) contributions and lump sum payments have taken legal action in support of their claim.
Judge Roderick Maguire, sitting at Castlebar Circuit Civil Court, heard evidence in sample cases relating to three of the plaintiffs.
The remaining cases have been adjourned pending the outcome of the first three.
After hearing evidence in the three sample cases, Judge Maguire reserved his decisions.
He indicated that within weeks, when he has considered all the issues, he will deliver a judgement which will be delivered electronically and in writing.
Judge Maguire said the judgements he delivers will be on each case individually.
The first of the three sample cases heard last week involves a man from east Mayo who was employed for 40 years (1974 to 2014) as a waterworks caretaker.
The plaintiff said he was required to be regularly available for and to perform overtime work, which included weekend periods.
He claimed it was an implied term and condition of his contract of employment that any overtime worked would, at the time of his retirement, be included in any calculation concerning his pension entitlements and his lump sum remuneration payments.
A second plaintiff, a retired foreman/fitter mechanic, told the court he worked considerable overtime as part of his long standing employment with the county council and he maintained said overtime should be considered as part of his superannuation contribution as, he claimed, had been the case with comparable employees.
Other retired local authority members throughout the country have raised similar concerns that overtime is not factored into their superannuation entitlements.
As a result, Judge Maguire’s verdicts on the Mayo civil actions, the first of their kind in the country, will be carefully scrutinised and could open the gates to further litigation.
Mr. Andrew Sexton, SC, with Ms. Rita Kilroy, BL, instructed by Mr. Evan O’Dwyer (O’Dwyer Solicitors, Ballyhaunis), represented all of the fourteen Mayo plaintiffs.
Ms. Paul McGarry, SC, with Ms. Áine Boyle, BL, instructed by Mr. Dermot Hewson (King & McEllin Solicitors), acted on behalf of Mayo County Council.