The Workplace Relations Commission found no age discrimination in the retirement of a National University Of Ireland, Galway employee who said he had wanted to work until 70. His complaint was found not well founded.
In a decision dated 28 March 2023, adjudication officer Conor Stokes considered Patrick O' Rafferty’s claim that his retirement at 65 became involuntary after the university refused to let him withdraw his retirement notice. He had sought reinstatement or reengagement, back pay and compensation.
O' Rafferty began working at the university in 1981 and retired in November 2020. The university said he had chosen to retire, confirmed that decision and date, and that it had no contractual duty to accept his later request to withdraw the notice. Its witnesses described discussions about his plans and said the withdrawal request came about four weeks later.
The officer found no evidence that the refusal was based on O' Rafferty’s age or that someone of a different age would have been treated differently. A separate complaint on disability grounds was withdrawn.