The Labour Court found it had no jurisdiction to deal with Raymond Maguire’s gender discrimination appeal against Rte because of a waiver he signed when accepting an early retirement and redundancy scheme. It varied the Equality Officer/Adjudication Officer’s decision on 16 August 2016. The merits of the discrimination allegation were not decided.
Maguire had worked for Rte for about 33 years before leaving under the scheme in December 2012. He alleged five former female colleagues were allowed to use its terms in 2013, although it required participants to leave by the end of 2012, and said no male colleague was permitted to do so. Rte denied that any woman used the scheme after 2012. It said one woman who retired under the scheme in 2012 later accepted a three-month contract, and one man retired under it in 2013.
The Court found the waiver clear and unambiguous, with no duress. Maguire had applied voluntarily and had time to consider the offer and take advice. He had claimed up to €76,500, but the Court did not decide the discrimination allegation on its merits.