The WRC found that Sodexo Ireland Limited unfairly dismissed chef Teresa McCoy O’Grady in a dispute over her retirement and awarded her €2,220, equal to four weeks’ pay. The decision was dated 27 August 2021.
McCoy O’Grady said she expected to keep working after Sodexo took over her employment in November 2019. She said her previous employer had extended her fixed-term contract beyond normal retirement age and that she was told she had to leave because she was too old. Sodexo maintained that her contract had ended on retirement and argued that the WRC lacked jurisdiction.
The WRC found that her transferred employment rights included an extension beyond the normal retirement date and that she had a legitimate expectation of a further extension. It said Sodexo failed to consider those rights or give objective reasons why her employment could not continue. The adjudication officer found the dismissal unfair on substantive and procedural grounds.
The officer chose compensation rather than reinstatement. McCoy O’Grady had not sought alternative work after her dismissal and had not mitigated her loss. The officer therefore limited compensation to four weeks’ pay.