Recent WRC Decisions On Retirement Age

A series of recent WRC cases on the issue of retirement age demonstrate the importance of forward planning by Organisations both in respect of their approach to the issue of retirement ages generally and in respect of the process for engaging directly with individual employees who are nearing retirement age.

Facts:

Case 1: Deborah Toland v Lifford Credit Union Ltd – ADJ 00035673

The Claimant had been employed as a Teller with the Respondent. She had 21 years service and claimed she was forced to retire upon reaching the age of 65. There was a clause in the employment contract confirming a retirement age of 65 but providing for an extension beyond 65 by mutual consent.

There was an argument around whether the Claimant was bound by that clause as she had not signed the contract. On that point the Adjudicator found that the Complainant could not invoke the contract to rely on an extension by mutual agreement and at the same time contend she was not bound by the 65 year age limit due to never having signed the said contract. The Adjudicator held that a contractual retirement age clause of 65 did apply.

Nonetheless, the Adjudicator having examined the facts determined the Claimant had been discriminated against on the grounds of age and awarded €25,000.00.

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