Worker Reinstated after WRC Finds that Eir Discriminated Against Him on Grounds of Age

In Thomas Doolin v Eir Business Eircom Limited ADJ-00045261 the Complainant, Mr Doolin, brought a complaint to the Workplace Relations Commission (the “WRC”) under the Employment Equality Acts claiming that he was discriminated against on the grounds of age. The Adjudicator, Breiffni O’Neill, found that the Complainant established a prima facie case of discrimination when he was dismissed by the Respondent on grounds of age which was not rebutted by the Respondent.

Facts: The Complainant was employed by the Respondent as a Desktop Support Agent from September 2019 until his 65^th birthday on 1^st July 2023 when he was mandatorily retired by the Respondent. The Complainant claimed that this constituted discrimination on the grounds of age. The Complainant was informed by the Respondent in January 2023 of its intention to retire him on 1^st July 2023. On 8^th February 2023, the Complainant made a formal request to work past the age of 65. A meeting took place on 23^rd February with the Complainant, his line manager, and a HR Generalist. Following this, the Complainant was issued with a letter setting out the decision not to extend his retirement age. The letter stated that this decision was not based on any performance issues. The Complainant requested an appeal which took place on 5^th April 2023 with Mr James Mangan, HR Director. Mr Mangan issued a decision on 14^th April refusing the Complainant’s appeal and referred to the Respondent’s reasons for maintaining a universal retirement age of 65.

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