Retired staff fail in 'pension' claim against Mayo local authority

Three retired employees of Mayo County Council who wanted overtime worked during their long careers to be considered as part of their superannuation (pension) contributions and lump sum payments have failed in civil actions against the authority.

Judge Roderick Maguire has delivered his verdicts in the actions taken by James Connor, Harry Loftus and Martin Joseph O’Malley.

Judge Maguire, having heard evidence earlier this year at sittings of Castlebar Circuit Court, conveyed his verdicts remotely to a sitting of the court last Thursday.

The judge described each of the cases as “complex, technical and difficult” and thanked counsel for both sides, Mayo County Council and plaintiffs, for their knowledge, expertise and assistance in dealing with the issues.

The cases against Mayo County Council came before Judge Maguire by way of Civil Bills claiming damages for breach of contract and negligent misrepresentation, and associated reliefs including declarations in relation to the employment of the plaintiffs by the defendant (Mayo County Council).

The plaintiffs claimed it was a term of their contract of employment that overtime worked by them would be included in any calculation concerning their pension entitlements and pension lump sum payment.

The plaintiffs in the cases, all now retired, were: James Connor, formerly a waterworks sewage system supervisor in east Mayo for approximately 40 years, Harry Loftus, craftsman/foreman (mechanical), and Martin Joseph O’Malley, who worked on a variety of bypasses throughout Mayo including the Castlebar and Swinford bypasses.

In evidence to the earlier hearing, Mr. Connor said that one time in or around 1978, he was contacted and asked to cover the water scheme in Claremorris as an engineer had unexpectedly died. He worked up to 2014.

From in or around 1978 on, he covered sick time, holidays and one weekend a month for Claremorris. At one stage he covered for eight months when his equivalent co-worker was sick for an extended period of time.

Over 26 years the plaintiff said he worked one weekend every month covering not only his own area of Ballyhaunis but also the Claremorris area.

Mr. Connor submitted that he expected his overtime would be reckonable for pension purposes under his contract.

On his retirement Mr. Connor applied to have Mayo County Council consider his overtime for calculation for pension purposes but the council declined.

In his evidence, Martin Joseph O’Malley said he worked on a variety of by-passes throughout the county. He said work on the roads was seasonal, requiring good weather, and therefore there was a pressure on getting work done when conditions were satisfactory.

He was a supervisor from the 1990s, and was also involved in capital sewage works.

Mr. O’Malley said there was an agreement at one stage with the senior engineer that he would work from 7 a.m. to 7 p.m. Monday to Friday, and eight hours on a Saturday, and the overtime would be signed off by him.

From 2005 he went back to Castlebar as engineering supervisor on the water and sewage network.

Mr. O’Malley said that overtime was always a feature in the work at Swinford, Westport, Claremorris and up to 2005.

The general pattern was two hours per day overtime and a day on Saturday, and there might possibly be work on Sunday.

The third plaintiff, Harry Loftus, started work for Mayo County Council in 1964 and retired in 2009.

In evidence Mr. Loftus said that as part of his foreman (mechanical) duties from 1991, he was employed to arrange overtime as necessary when required. He had to reduce the “downtime” of the plant, and at the time he retired he worked six days a week and all servicing was done on Saturdays.

He regularly worked from 7.30 a.m. to 6.30 p.m. or 7 p.m. and locked up the yard. He worked 13 hours overtime and four hours double time each week on average.

Mr. Loftus said this was well in excess of the maximum 48 hours provided for in statute.

When his department separated from the Health Board in the 1970s, he worked at night and Christmas days on a call-out system, opening the yard when needed and organising personnel for urgent matters such as fire engines or salting of the roads.

He said that he provided a service 24 hours a day.

Judge Maguire found against the plaintiffs in all three cases.

Before delivering his ruling Judge Maguire commended all three plaintiffs for the manner in which they had performed their council duties.

In relation to Mr. O’Connor, the judge said his role was a very responsible one, ensuring clean water and good sewage for the people of Ballyhaunis and he clearly performed these functions excellently.

The judge said Mr. O’Malley’s role was very responsible and it was clear from all the evidence in the case that he “performed these functions excellently, worked hard and provided long and distinguished service to his county."

As regards Mr. Loftus, Judge Maguire said he was an impressive witness, giving forthright evidence and clearly was an excellent worker who had served his county well over very many years, fulfilling a very important role.

Mr. Andrew Sexton, SC, with Ms. Rita Kilroy, BL, instructed by Mr. Evan O’Dwyer (O’Dwyer Solicitors, Ballyhaunis), represented all three Mayo plaintiffs.

Mr. Paul McGarry, SC, with Ms. Áine Boyle, BL, instructed by Mr. Dermot Hewson (King & McEllin Solicitors), acted on behalf of Mayo County Council.