The Labour Court upheld the decision rejecting Philip Matthew O’Malley’s age discrimination complaint against Eircom Ltd T/A Eir. The determination was signed on 16 December 2019. The Court found O’Malley had not established facts sufficient to raise an inference of age discrimination.
O’Malley had applied for a customer care agent job at Eir’s call centre. He scored 42 points in an assessment process, below the 45-point threshold, and was not hired. At the hearing, he said he believed most candidates were younger and felt his contribution to a group exercise had affected his score. He no longer pursued his gender discrimination complaint.
Eir said it did not know the candidates’ ages and had used a merit-based recruitment process. The Labour Court found that O’Malley had failed to make out a prima facie case of age discrimination. His appeal failed, leaving the adjudication officer’s decision that the claim was not well founded in place.