The Labour Court found that Coillte Teoranta discriminated against Peter O’Dwyer on grounds of age and ordered it to pay him €43,792 compensation. The determination was dated 28 March 2006. The Court’s decision followed appeals by both O’Dwyer and Coillte against an Equality Officer decision.
O’Dwyer, then aged 60, said he received a smaller severance gratuity under Coillte’s early retirement and voluntary parting scheme than a 59-year-old comparator. He received €23,062, while the comparator received €69,528. Coillte argued the difference reflected pension options and service, and said equalising the gratuities would bring significantly increased costs.
The Court found that the different gratuities were based on age, not length of service. It rejected Coillte’s arguments that statutory exceptions for service-based terms or increased costs applied, finding no clear evidence that the award would cause significantly increased costs. It concluded that O’Dwyer had been discriminated against and awarded compensation for the effects of that discrimination.