Saunders v CHC Ireland Limited [2012]

  • Case Reference
    DEC-E/2011/142
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Policies and Procedures
Issues covered: Employment Equality Acts; Discrimination; Retirement Age

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.

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This article is correct at 25/06/2012
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Deirdre Crowley
Crowley Solicitors

The main content of this article was provided by Deirdre Crowley. Contact telephone number is +353 21 428 9560 or email dcrowley@crowleysolicitors.ie

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