The Workplace Relations Commission found that Dublin South Mabs discriminated against Bridget Clarke on age grounds and ordered it to pay her €20,000. The decision was dated 27 September 2022.
Clarke said she was pressured to retire. She had worked for the organisation since 1994, and her contract had no retirement age. The WRC found that pressure to give a retirement date before her stated aim of working until 70 was less favourable treatment than younger colleagues received. It also found the respondent had not rebutted the inference of discrimination.
The WRC did not uphold Clarke’s age harassment complaint, finding the conduct did not establish a prima facie case of harassment. It also found she was not discriminatorily constructively dismissed. In that complaint, the WRC said she had not met the contract and reasonableness tests and had not used the grievance procedure.
A duplicate complaint was withdrawn. Dublin South Mabs said its retirement discussions were about succession planning and staffing needs, and denied discrimination and harassment.