HSE must pay €25k for gender discrimination

THE Health Service Executive has been ordered to pay €25,000 compensation to a staff member after it refused to extend her contract beyond the normal retirement age of 65.

The Equality Tribunal made the award to HSE employee Abbie Fitzgerald after ruling that the HSE had discriminated against her on grounds of gender.

Ms Fitzgerald, who worked as a multi-task attendant with the HSE from 1980 until her retirement on her 65th birthday in June 2007, claimed she had been treated unfairly on the basis of both her age and gender.

She told the Equality Tribunal that she had applied for an extension of her contract beyond retirement age in March 2007 but was informed by the HSE that extensions were only granted in exceptional circumstances such as where it had difficulties recruiting replacement staff.

However, Ms Fitzgerald argued that she did not accept the HSE’s explanation as there were major difficulties for employees in obtaining leave at the time of her retirement. She also pointed out that the HSE had previously granted extensions of employment beyond retirement age to male staff in the mid-Leinster area.

In particular, Ms Fitzgerald said two other male colleagues where she worked at St Mary’s Care Centre in Mullingar, Co Westmeath, were granted extensions beyond their official retirement around the same time that her request was refused. She claimed the only basis for such a refusal by the HSE was her gender.

The HSE informed the tribunal that her request for an extension was refused as her contract of employment contained a term that she would be required to retire on reaching her 65th birthday.

It rejected any suggestion that it had discriminated against Ms Fitzgerald on grounds of age or gender.

The HSE claimed Ms Fitzgerald’s two male colleagues, who were granted extensions, were employed in different posts and grades. The HSE noted that no multi-task attendant had been granted an extension beyond retirement age.

However, the tribunal ruled that Ms Fitzgerald’s male colleagues could be considered to be “in a comparable position” to her under employment equality legislation.

It also found that the HSE had failed to demonstrate that there were exceptional circumstances for keeping them on in employment past their retirement age.

One man’s position as boiler man had effectively been abolished by the HSE prior to his retirement, while the HSE operated a replacement panel for the other man’s position as a general maintenance operative.

It concluded Ms Fitzgerald had been discriminated against on the grounds of gender but not of age.

The tribunal awarded Ms Fitzgerald €25,000 after taking into consideration that she had also lost out on extra pension entitlements which she would have obtained if her contract had been extended beyond retirement age.