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WRC determine that termination at age 66 is discriminatory

The WRC upheld a bookkeepers claim of discriminatory termination when her employer terminated her contract on reaching the age of 66.

The claimant submitted that mandatory retirement on the basis of age was prima facia discrimination save where it could be objectively and reasonably justified by a legitimate aim and relied on the determination of Justice McKechnie in Donnellan v. The Minister for Justice, Equality and Reform [2008].

It was held that no justification along the lines outlined above had been given except for an archaic view that this was a tradition. Therefore the WRC upheld the bookkeepers claim.

In light of the recent Dáil debates on proposed Employment Equality (Abolition of Mandatory Retirement Age) Bill 2016, it would appear this determination indicates that the WRC will be taking the proposed legislation into consideration when making their determinations.


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