The Labour Court disallowed Connaught Airport Development Limited T/A Ireland West Airport Knock’s appeal and ordered it to pay John Glavey €6,500 compensation for age discrimination. The determination was signed on 24 April 2017 and varied the Adjudication Officer’s decision.
Glavey, a senior bar tender at the airport, was required to retire at 65. The Court found that his contract contained no retirement age and that no age-65 term could be implied or incorporated. It concluded that he was dismissed because of his age.
The airport argued that a common retirement age supported consistency, succession planning and opportunities for younger workers. The Court held that no retirement age had been fixed for Glavey, so the employer could not rely on the statutory exception. It did not need to consider whether a fixed retirement age would have been objectively justified. The Adjudication Officer’s earlier decision had included reinstatement and €6,500 compensation; Glavey was not seeking reinstatement before the Labour Court.