The Workplace Relations Commission found that Oak Central Recruitment Services Limited discriminated against Michael Bohan on the age ground and ordered it to pay him €10,000. The decision was dated 29 September 2022.
Bohan worked as an articulated truck driver. After turning 66, he was offered a two-year fixed-term contract, but the offer required a two-week break in service and included a six-month probation clause. He objected to both conditions, saying he wanted to be treated like other employees and was not a new starter.
The company said its retirement policy was intended to create opportunities for younger workers and that the approach applied to employees generally. The adjudicator found that the conditions disadvantaged older workers and that the company had provided no evidence they would apply to younger employees in comparable circumstances. The complaint was well founded, and the award was equivalent to about three months’ pay.