The Workplace Relations Commission found Ferrero Ireland Ltd discriminated against Patrick O’Callaghan on age grounds by retiring him at 65 and awarded him €20,000 for the effects of discrimination. The decision was dated 10 November 2023.
Ferrero accepted that retiring O’Callaghan created a presumption of discrimination, but argued its mandatory retirement age was objectively justified. The adjudication officer found that the company relied on a blanket age proxy and had not shown its stated aims were legitimate and proportionate or adequately assessed O’Callaghan individually. No individual risk assessment was carried out, and the decision found no evidence that his work was sufficiently arduous to compromise safety.
O’Callaghan argued that his request to work longer had not been assessed on its individual merits. He later found work driving a van for a considerably lower rate of pay.