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WRC awards Mary Costigan €15,000 over compulsory retirement at 66

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Mary Costigan €15,000 after finding that her employer, South Leinster MABS CLG, discriminated against her on the ground of age by requiring her to retire at 66. The decision was dated 7 September 2023.

Costigan had worked as an administrator for the organisation for more than 10 years on fixed-term contracts. The employer said the retirement age was part of a collective agreement and served legitimate aims, including succession planning and workforce balance. The WRC accepted that the policy had legitimate aims, but found that forcing Costigan to retire was not proportionate. It said less restrictive options might have met the employer’s needs and found that Costigan was capable of continuing to work, with an ongoing need for her work. The award was compensation for the effects of age discrimination, not remuneration.

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