notice entitlement for a 65 year old?

Brendan Burgess

Brendan Burgess

Founder
Messages
54,198
I was 65 years old last December 12 2003.
Last week my boss let me go,after 26 years working for him.
Am I entitled to eight weeks notice and redundancy.
 
Re: notice

Sorry to hear about your situation. It might be a good idea to get ontothe Department of Enterprise Trade & Employment employment rights/redundancy department ( www.entemp.ie/erir/empl2.htm ) for advice. They are very helpful and will be able to advise you of your entitlements in this situation.
 
Re: notice

According to ,

There is no single fixed retirement age for employees in Ireland. If you are employed, your retirement age is set out in your contract of employment. Some contracts of employment have a mandatory retirement age (that is, the age at which you must retire), but they also have provisions for earlier retirement generally and/or on grounds of illness. The usual retirement age in contracts of employment is 65. Many have provisions for early retirement from age 60 or in some cases from age 55 and most have provision for early retirement on health grounds.
Click to expand...

Also from oasis;
The Employment Equality Act, 1998 prohibits discrimination in Ireland within employment, on a number of grounds, including age. The Act, however, only applies to people under the age of 65. There are a number of exceptions to the general principle of non-discrimination. The Act also provides for positive action in the case of people aged 50 and over.
Click to expand...

So I guess it depends on what's in your employment contract.

Sluice
 
Redundancy....

Hogan - sorry also to hear of this situation.

Can I ask....
- were you the only one let go?
- had you been given notice?
- can I assume you are not unionised?
- are you being replaced?
- do you have a copy of your contract
- were you given anything in writing as to why you were been let go?

If you can post some more info perhaps the various experiences on this site can provide some help.

MAC
 
notice

I was the only one let go.
I got no notice.
I was not in in a union.
I was replaced.
I had no contract.
As to way I was let go,because I am over 65.
 
Hmmmm....

Hi Hogan,

This sounds very iffy to me. I think your employer could well have overstepped the mark. Whilst not having ALL the details the responses from you so far sounds to me like the could be a case of unfair dismissal. The act which was amended in 1993 states that certain categories are excluded eg. (a) part-time employees whose working week falls below the threshold of eight hours per week;

(b) temporary employees whose fixed-term contracts have expired and where those contracts excluded the operation of the Act;

(c) employees with less than one year's continuous employment (except in the case of dismissal on the grounds of pregnancy or for trade union membership or activities); and

(d) a number of public service and local government employees.

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I would definitely recommend getting on the the Department of Enterprise and Employment immediately. You say you were replaced, do you know by who? By any chance was this a family member of the employer for example? The fact that you had no contract of employment reflects VERY badly on the employer - the Labour Court take a very dim view of this. The fact that you got no notice means that by default THIS IS AN UNFAIR DISMISSAL.

I would be very interested to see how you get on with this.I have been in the situation of defending a company against claims of unfair dismissal on several occassions but I have to say the treatment you appear to have recieved is despicable and I will try to contact you seperately on this by replying to you post via email if that's ok?

MAC
 
Hogan - do you have a spare email address?

Hi again hogan - have you an email address which I can mail you at? You might want to generate one via yahoo or hotmail on a temporary basis.

MAC
 
Notice - the exact detail based on service

Hogan,

Here's the official line.. you are entitled to 8 weeks and you have up to seix years to claim

"Minimum Notice and Terms of Employment Acts, 1973 & 1991"

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MAC
 
Check this list....

Hogan,

Might be worth checking this list of people excluded and let me know if you are on it.

[broken link removed]

MAC
 
Re: Check this list....

I would get onto a solicitor straight away, today. Get asmuch proof of what happened to you on paper. who replaced you what your job was etc. Your solicitor should be able to get a high court injuction so you will be able to remain employed. This will show your previous employer you are serious. You should get out of court settlement. Know someone this happened too. IMO you have a case, best of luck. Don't even think of approaching employer yourself.
 
Ouch - High Court order?

Whilst I would agree with the sentiments expressed by Breeze I can't say that I'd go that route. Potential costs are very high and this is normally done in order to prevent the employer from allowing the new person take up your responsibilities.


"Don't even think of approaching employer yourself. " - Fully agree with this statement.

Hogan, to be honest you have to decide what it is that you really want - for example would you really want to be reinstated, not sure if I would?

I do think you have been treated very badly, I think that the route would be either and EAT or a Rights Commmissioner and I think you will win. However without having more details that's as far as one can speculate.

Best of luck.

MAC

** By the way the maximum award for a UD case is 2 years salary
 
Re: termination notice

Can an employer terminate employment of person at age 65 who does not have contract following all the recent changes in legislation and EU? Is this age discrimination?
 
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