Maurice Dunphy v South Dublin County Partnership Company Limited by Guarantee [2023]
Posted In: Case Law-
Decision Number
ADJ-00043647 -
Legal Body
Workplace Relations Commission (WRC) -
Type of Claim / Jurisdiction
Discrimination
Background:
The Complainant worked as an educational coordinator with the Respondent, a local development company which provides community services to address social exclusion and poverty, since January 2013. The Complainant’s contract of employment provided for compulsory retirement at the age of 66, and the Complainant was due to reach that age on 11 August 2022. In September 2021 the Complainant applied for a contract extension to ensure he would not be obliged to retire at this time, but this was refused and the Complainant retired against his wishes in August 2022.
The Respondent accepted that compulsory retirement was prima facie discriminatory, but advanced an argument under section
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