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WRC awards engineer €16,120 over age discrimination at retirement

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Prenco Manufacturing Ltd discriminated against Kevin J O'donovan on age grounds when it retired him at 65, and awarded him €16,120. The decision was dated 5 October 2022.

O'donovan had worked as an engineer and CNC setter from 1981. He said his role was not labour-intensive, he was in good health and he wanted to work for another year. The company said it had consistently applied a retirement age of 65, citing safety and the opportunity for younger workers to progress.

The WRC accepted that intergenerational fairness was a legitimate aim, but found the company had not shown why retirement at 65 was required for O'donovan's role or how it affected his ability to do the work. It also found the company had not shown that retiring him without considering whether he could continue or take another role was proportionate. The WRC concluded that the company had not justified the compulsory retirement and awarded compensation.

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