The Labour Court disallowed Raymond McGovern’s appeal over his exclusion from Eircom Limited’s voluntary severance schemes and affirmed the Equality Tribunal’s decision. The determination was signed on 27 June 2011. The schemes offered lump-sum payments of up to €140,000; this was the maximum available, not an award to McGovern.
McGovern alleged that Eircom excluded him from schemes introduced in 2004 and 2005 because of his age. Employees able to access their pension entitlements from age 60 could not use the schemes. Eircom argued the age-related rule was lawful and that the 2004 exclusion was not because of McGovern’s age.
The Court said the schemes aimed to reduce payroll costs, with savings depending on how long employees would otherwise remain in service. It considered it reasonable to direct funding to employees with longer potential service and set an age-related cut-off. The Court concluded that McGovern’s exclusion was not unlawful, affirmed the Equality Tribunal’s decision and disallowed the appeal.