O'Mahony -v- McCarthy [2014] IEHC 682 (14 October 2014)

O'Mahony -v- McCarthy [2014] IEHC 682 (14 October 2014)

No identifiable point of law exists to overturn Tribunal's factual finding that no agreement on retirement age existed; Tribunal's decision stands.

Citation
[2014] IEHC 682
Parties
Respondent: Bridie O'Mahony; Appellant: Cornelius McCarthy
Jurisdiction
Ireland
Judgment Date
14 October 2014
Procedural Posture
Appeal Under Redundancy Payments Act / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Redundancy, Retirement Age, Minimum Notice, Terms of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Bridie O'Mahony

Respondent

Cornelius McCarthy

Appellant

Procedural Posture

Appeal Under Redundancy Payments Act / Judgment on Appeal

  1. 1 Whether retirement age was implied into contract of employment
  2. 2 Whether Employment Appeals Tribunal erred in law in finding redundancy

Ratio Decidendi

No identifiable point of law exists to overturn Tribunal's factual finding that no agreement on retirement age existed; Tribunal's decision stands.

Court Disposition

appeal dismissed

Orders

  • Employment Appeals Tribunal decision affirmed
  • No identifiable error of law found