O’Brien v Ministry of Justice [2012] CJEU

Posted In: Case Law
  • Case Reference
    C-393/10
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Pensions, A-Typical Working
Issues covered: Framework Directive on part-time work; pensions; judges as workers

The claimant, Mr O'Brien, was called to the Bar in 1962 and appointed Queen's Counsel in 1983. He worked as a Recorder from 1978 until his retirement in 2005, on his 65th birthday. It was then that he requested, relying on Directive 97/81 and the Part-Time Workers 22 Regulations, a retirement pension calculated as a proportion on a pro rata basis of that which a full-time Circuit Judge would be entitled to if he had retired on the same date. The Department of Constitutional Affairs rejected his request, considering that Mr O'Brien had no claim to a pension. The Supreme Court referred the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 02/03/2012
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal-Island
Legal-Island

The main content of this article was provided by Legal-Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email scott@legal-island.com

View all articles by Legal-Island