The Labour Court rejected Martin Mc Dermott’s age discrimination appeal against Irish Ferries Limited, upholding the finding that his complaint was not well founded. The determination was signed on 23 November 2016. Mc Dermott, a docker, challenged the company’s decision to retire him at 65.
He argued that he was capable of continuing to work and that Irish Ferries should have considered extending his employment. The company said 65 was the established maximum retirement age under its pension arrangements and that the physically demanding nature of docker work justified the rule.
The Court found the retirement age applied across the relevant staff category and was objectively justified by the arduous work, which becomes more difficult with age. It also found Mc Dermott knew the scheme required retirement by 65 unless the company granted an exceptional extension, and that he had no basis to expect one. The Court said retirement ages may require review as longevity and health improve, but found that did not affect this case.