A RADIOGRAPHER with the Health Service Executive has lost her High Court challenge to a decision requiring her to retire from her employment at the age of 65.
Aoife McCarthy, a widow and qualified barrister, Elmwood Drive, Swords, Co Dublin, who turned 65 last October, was hired as a radiographer in June 2002 on a part-time basis with the orthodontic facility at St James’s Hospital, Dublin. In 2005, her hours were increased to full-time hours.
She claimed she was never given a statement of the terms and conditions of the post until August last year when she received a “contract of employment”.
Ms McCarthy claimed it was only then she learned she had to retire at 65. She said when taking up employment in 2002, she did so on the basis that provisions of section 19 of the Health Act 1970, which set the retirement age for permanent officers of health board, would not apply to her.
The HSE has argued the fact that the standard age was 65 was generally known by everyone.
Rejecting Ms McCarthy’s case in a reserved judgment yesterday, Mr Justice John Hedigan ruled it was an implied term of her job that the retirement age was 65. Therefore, the termination of her employment was lawful.
It was difficult to accept she had no knowledge of the retirement age in the public service, he said. Ms McCarthy was also deemed as being on notice of it by virtue of the pension scheme she was part of, he added. That scheme made reference to the existence of a retirement age and a cut-off for contributions at the age of 65.