National Symphony Orchestra musician, 71, claims discrimination on age grounds
John Finucane's solicitors pointed out that other musicians employed by RIAM have worked on into their eighties and nineties.
The Workplace Relations Commission is to investigate a claim that one of Ireland’s celebrated classical musicians has been discriminated against on the grounds of his age.
John Finucane, who has been principal clarinet with Ireland’s RTÉ National Symphony Orchestra since 1995 and has been described by magazine as "an outstanding virtuoso", claims he is being discriminated against by the Royal Irish Academy of Music (RIAM).
The 71-year-old has had a contract of “indefinite duration” with the RIAM since September 2011, which states that the normal retirement age is 65.
During November and December 2024 — around a year before he turned 70 — the RIAM advised Mr Finucane that his employment would come to an end on his 70th birthday.
He duly informed the RIAM this was “unlawful and illegal”, which led Ireland's music conservatoire, established in 1848, to then offer him a fixed-term two-year contract, which would expire on August 3, 2027.
His solicitors advised the body they were instructed by Mr Finucane to “take all necessary legal proceedings” to vindicate his rights.
They said they were of the opinion that the proposed two-year fixed term contract “constitutes age discrimination” as Mr Finucane was being “mandated” to retire at age 70, “contrary to past practice at the RIAM”.
They also pointed out that other musicians employed by RIAM have worked on into their eighties and nineties. After Mr Finucane submitted his complaint to the WRC, the RIAM offered him a three-year fixed-term contract, which he accepted.
WRC adjudication officer Gaye Cunningham stated in a recently published ruling that she is legally obliged to make a decision “in the case of the preliminary issue raised”.
She concluded: “I have decided this complaint should proceed to an investigation of the substantive issue. The sequence of events shows there was correspondence between the parties regarding each side’s position on retirement age.
“I find that the respondent (the RIAM) was on notice within the statutory cognisable time period that the complainant (Mr Finucane) believed the respondent was discriminating against him on the ground of age.
“For the reasons outlined, I find that the matter should proceed to an investigation of the substantive issue.
“For completeness, none of the findings (so far) are intended to indicate that the complainant may succeed in the substantive case and do not address the prima facie case which can be addressed in the investigation of the substantive issue."
Ms Cunningham also noted Mr Finucane's contention that the academy had discriminated against him by unilaterally changing the normal retirement age and that he had submitted his objection within the statutory timeframe.
“In particular the issuing of the three-year fixed-term contract was issued in September 2025 after the complaint was lodged to the WRC," said Ms Cunningham.
“The complainant strongly holds that the respondent discriminated against him by ‘unilaterally’ changing the normal retirement age. He submitted his objection within the statutory cognisable time period.”
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