2 Employees (1 Deceased) v An Employer [2011]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Redundancy, Discrimination, Pay
Issues covered: Age; Redundancy; Collective Agreement; Equal Treatment; Waiver; Complainant Deceased; Conditions of Employment

This case involved two complaints of age discriminatory redundancy against Chivers (Ireland) Ltd (now owned by Premier Foods Ltd).

In particular, it involved complaints by two 62 year old female employees who, due to the cut-off point for ex-gratia payments based on age during redundancy situations, lost out an extra payment when redundancies occurred. Both were offered an early retirement package (retirement was normally 63 but some worked to 65) but neither could avail of the additional ex-gratia sum available to those made redundant under the age of 60.

The Equality Officer acknowledged that the "former Managing Director gave cogent and forthright evidence when he said his aim in devising

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This article is correct at 01/12/2011

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