67-year-old awarded €25k against ex-employer for age discrimination

A MAN in his late 60s has been awarded €25,000 compensation against his employer for discrimination on age grounds, reflecting a rise in the number of such cases being considered by the Equality Tribunal.

William Gardiner, aged 67, made the complaint against Kevin Munelly Plant Ltd. The tribunal’s equality officer, Elaine Cassidy, found that in absence of an agreed retirement age, Mr Gardiner’s employer breached the Employment Equality Acts by dismissing him on grounds of age.

Ms Cassidy said that in assessing the appropriate award, she had taken into account Mr Gardiner’s service of over 35 years and the low level of his pay.

“I have also had regard to the requirement of the EU directive that sanctions must be effective, proportionate and dissuasive,” Ms Cassidy added, ordering that the firm pay the complainant €25,000, approximately 20 months’ salary.

Mr Gardiner had worked for the company as a JCB and truck driver since 1973. He also performed a variety of unpaid work for the company owner at his home, including babysitting, farmhand work, housework, house-sitting, and minding a garage.

Meanwhile, a separate case taken on the grounds of age discrimination was not successful.

Solicitor John Geraghty, aged 58, claimed he was subjected to discriminatory treatment in relation to promotion/regrading by the Revenue Commissioners on the grounds of his age. He had been unsuccessful in a competition for upgrading and complained that the shortest qualified, least experienced and youngest candidate for the post was selected.

Equality officer Tara Coogan found that Mr Geraghty had failed to establish a prima facie case of discrimination on the age ground.

In an unusual case — one of 30 concluded by the tribunal in November — a German claimed to be a Traveller and sought restitution against his employer on the grounds of discrimination.

His entire complaint failed.