‘Roadblock’ precedent set by European Court of Justice means challenge to austerity-era contracts by hospital consultants cannot win, WRC hears
Lawyers acting for the hospital consultants argue that the lowered pay scale for new hires after October 1st, 2012, amounts to age-based discrimination.
Mr Durcan argued that in order for the State to defend the policy it would have to demonstrate that it served a “legitimate aim”, was “appropriate and necessary”, and that the aim had to be pursued in a “consistent and systematic manner”. Eoin McCullough SC, lead counsel for the State parties, said the 2019 decision of the CJEU in the case of primary schoolteachers Tomás Horgan and Claire Keegan was “binding” on the WRC and was “on all fours” with the consultant doctors’ complaints.
Mr Durcan’s position in earlier submissions had been that the Horgan and Keegan case considered “an entirely different issue and a much narrower scope”. The tribunal was told the parties have not yet come up with an agreed figure for the sum of money at stake in the case – though the State has previously indicated the matter could be decided without it.
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