Labour Court upholds ruling against Nuala McGuinness in age discrimination appeal

The Labour Court upheld the Equality Officer’s decision that Nuala McGuinness’s age discrimination complaint was not well founded. Its determination was signed on 8 December 2015. McGuinness argued that her original contract had no compulsory retirement age and that she had not accepted a one-year contract after turning 65. Maynooth Mission to China Inc. T/A Columban Missionaries relied on the retirement age set out in the pension scheme and a collective agreement. The Court found that the complaint about her retirement at 65 was brought outside the six-month time limit. It also found that she worked under the fixed-term contract and that its expiry when she reached 66 did not amount to age discrimination. The Court said the comparators she raised on appeal were not valid and found no substantive complaint under the Act.