Supreme Court Clarifies Law on Mandatory Retirement Ages

The Supreme Court has this month issued an important Judgement in the case of Seamus Mallon v The Minister For Justice, Ireland, And The Attorney General relating to the topic of mandatory retirement ages.

Facts:

The case involved a challenge by Mr. Mallon to the mandatory retirement age of sheriffs. Mr. Mallon was a sheriff and a practicing solicitor. Pursuant to section 12(6)(b) of the Court Officers Act 1945 (hereafter the “1945 Act”) the mandatory age of retirement from the office of sheriff is 70.

Mr. Mallon challenged the lawfulness of this legislative provision through judicial review proceedings brought initially to the High Court.

Among other things Mr. Mallon sought a declaration from the Court that Section 12(6) of the 1945 Act was incompatible with European Union law as expressed in Council Directive 2000/78/EC (hereafter the “Employment Equality Directive” or the “Directive”) and that the said section was thus void and of no legal effect.

Mr. Mallon was unsuccessful in his High Court challenge. He was granted leave to appeal to the Supreme Court. The Supreme Court has now issued its Judgement in which it has dismissed Mr. Mallon’s appeal.

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