Saunders v CHC Ireland Limited [2012]

• Case Reference

  DEC-E/2011/142

• Legal Body

  Equality Tribunal (EQT)

• Type of Claim / Jurisdiction

  Discrimination, Policies and Procedures

The Equality Tribunal was asked to consider whether an employer’s retirement age of 55 was discriminatory. The Equality Officer interpreted section 34 of the Employment Equality Acts in light of Article 6 of the EU Equal Treatment Framework Directive. The implication of this was that the employer was required to satisfy the Equality Officer that the retirement age of 55 was justified by a legitimate interest, and that the retirement age was a proportionate and necessary means of achieving that interest.

The employee was a winchman, which is a safety-critical, physically demanding occupation. The employer stated that the objective justification for a retirement age of 55 years was: (i) the

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