The Labour Court set aside a time-limit decision in Robert Kieran’s age discrimination complaint against Dublin Port Company and sent the case back to the Workplace Relations Commission for a new investigation and decision. The determination was signed on 22 February 2018. The Court found that Kieran’s complaint was in time because it concerned the termination of his employment on 15 March 2016, rather than the earlier communication of the retirement decision.
Kieran argued that his compulsory retirement was discriminatory because of his age. Dublin Port Company said the relevant date was 29 January 2016, when it communicated the retirement decision, which would have made the complaint late. The Labour Court rejected that argument and held that the termination could be the alleged discriminatory act. It did not decide whether age discrimination occurred; the WRC will investigate and decide that complaint.