The Workplace Relations Commission found that Séamus Matthews was not discriminated against when CPL Healthcare refused to progress his application for a Covid-19 contact-tracer role because he was over 70.
The WRC decision, dated 30 June 2022, said the age-based rejection established a prima facie case of discrimination. But the officer accepted that the temporary restriction served a legitimate health and safety aim during the pandemic, was an occupational requirement and was proportionate in the circumstances.
Matthews argued that the job advertisement set no age or health restriction. CPL Healthcare cited public-health guidance that categorised people aged 70 and over as extremely medically vulnerable to Covid-19. The officer found that the company had discharged its burden of proof.