Nursing home defeats chef’s age discrimination complaint over retirement discussions

The Workplace Relations Commission found that Helen Reilly was not discriminated against in discussions about extending her employment beyond the contractual retirement age. The decision was dated 29 March 2023. Reilly, a permanent, full-time chef at Silvergrove Nursing Home Limited, said questions about whether she could continue working were prompted by her age. The nursing home said it was consulting her about the contractual retirement age of 65 and denied discrimination. It had previously given her a one-year extension, and at a later meeting proposed a further three months while it considered her plans. The adjudication officer found the meeting was exploratory and that the employer could seek information to consider whether compulsory retirement might be objectively justified. The officer concluded that the way the discussion was handled did not establish facts raising a presumption of age discrimination. Reilly remained employed at the time of the hearing, and her complaint was found not well founded.