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Labour Court upholds decision against Maria McConnell in Aer Lingus age appeal

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the decision against Maria McConnell in her age discrimination appeal against Aer Lingus Limited, finding that she had not been discriminated against during the relevant period. The determination was signed on 14 December 2018, and the appeal failed.

McConnell said Aer Lingus told her in November 2016 that her Training Academy placement would end to accommodate a younger colleague returning from maternity leave. She also said her appointment as a permanent member of Training Academy staff in December 2016 amounted to a demotion. Aer Lingus said her employment terms and grade had not changed.

The Court found that McConnell was not made redundant and became permanent in her role, so the redundancy risk issue was moot. It found insufficient facts to infer that the appointment was a demotion or that age discrimination occurred during the period it could consider. It therefore had no jurisdiction to consider events outside that period. McConnell withdrew her victimisation claim; the harassment claim relied on the same facts as the discrimination claim.

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