O’Mahony v Southwest Doctors on Call Ltd., (trading as SouthDoc)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Age; Compulsory retirement; Objective justification

The complainant was employed by the respondent, who deliberately selected older people, in the role of Driver/Attendant.  This role included driving doctors and occasionally assisting in lifting.  The complainant asserted that he asked at interview if he would retire at 65 and he was told he would not.  His contract made no mention of retirement ages.  It is agreed that until 2008 employees could work beyond 65.  Following a process engaged in with SIPTU the employer reissued the complainant with a contract which now included a retirement age of 65.  The complainant did not sign the new contract but interestingly neither did he object to it in any way.


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This article is correct at 16/12/2015

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Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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