Courts / Ireland / Report

Joke about Gilbert O'Sullivan song being worker's 'vintage' was ageist harassment, WRC rules

Summary

A Workplace Relations Commission adjudicating officer has ruled that a part-time postal clerk was subjected to ageist harassment under the Employment Equality Act 1998. The complainant alleged that her supervisor made a discriminatory remark in 2020, stating that a Gilbert O'Sullivan song playing on the radio was "more [name of complainant]'s vintage." The supervisor admitted making the comment but described it as a light-hearted joke, expressing regret that the worker was offended. Adjudicating officer Davnet O'Driscoll found that the remark constituted harassment on age grounds, noting the complainant was close to retirement, and awarded her €1,000 in compensation. The WRC rejected the worker's other complaints, including claims of victimisation, disability discrimination regarding reasonable accommodation, and penalisation for reducing sick pay. The adjudicator determined there was no evidence of victimisation and that the pay reduction was consistent with the employer's attendance management policy. Additionally, the tribunal dismissed complaints under the Payment of Wages Act and the Terms of Employment (Information) Act. The decision upholds the single discrimination complaint while rejecting the broader series of employment rights grievances brought by the applicant against the government agency.

Who, what, where, when and why

What: Report matter: Joke about Gilbert O'Sullivan song being worker's 'vintage' was ageist harassment, WRC rules. Procedural stage: charge_or_pretrial

When:

• 5 June Incident
• 2023-06-14 Publication

Case subjects

Topics

Stage Charge Or Pretrial

Read the original CNI report