An Post v Finbarr Monaghan & Ors [2013] IEHC 404 (26 August 2013)

An Post v Finbarr Monaghan & Ors [2013] IEHC 404 (26 August 2013)

The exclusion of fixed-term workers from voluntary severance schemes constituted less favourable treatment based solely on their status as fixed-term employees. The legitimate objective of incentivising voluntary departures could have been achieved by less unfavourable means, such as compensating fixed-term workers for remaining contract years. The exclusion was not appropriate or necessary and failed the proportionality test. Therefore, the Labour Court's determination was correct and the appeal was refused.

Citation
[2013] IEHC 404
Parties
Appellant: An Post; Respondent: Finbarr Monaghan; Respondent: Deirdre Wade
Jurisdiction
Ireland
Judgment Date
26 August 2013
Procedural Posture
Appeal on a Point of Law / High Court Judgment
Outcome
appeal refused
Legal Topics
Fixed Term Employment, Non Discrimination, Redundancy Payments, Objective Justification, Voluntary Severance Schemes
Employment Law Labour Law EU Law Fixed Term Employment Non Discrimination Redundancy Payments Objective Justification Voluntary Severance Schemes

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Parties

An Post

Appellant

Finbarr Monaghan

Respondent

Deirdre Wade

Respondent

Procedural Posture

Appeal on a Point of Law / High Court Judgment

Legal Issues

  1. 1 Whether exclusion of fixed-term workers from voluntary severance schemes constitutes less favourable treatment under the Protection of Employees (Fixed-Term Work) Act 2003
  2. 2 Whether such exclusion is justified on objective grounds under s.7 of the Act

Ratio Decidendi

The exclusion of fixed-term workers from voluntary severance schemes constituted less favourable treatment based solely on their status as fixed-term employees. The legitimate objective of incentivising voluntary departures could have been achieved by less unfavourable means, such as compensating fixed-term workers for remaining contract years. The exclusion was not appropriate or necessary and failed the proportionality test. Therefore, the Labour Court's determination was correct and the appeal was refused.

Court Disposition

appeal refused

Orders

  • Labour Court determination affirmed
  • No error of law found