Discrimination payout - Long way to go to achieve true equality

COMPLAINTS about employment and age are among the major grievances coming before the Equality Authority and this lends added significance to the compensation award of more than €70,000 to a former employee of An Post.

The State-owned company has been ordered by the Equality Tribunal to compensate the ex-employee, who was prevented from applying for a job because he was over the age of 60.

What makes this case even more important is the fact that several other employees in the group who are also over 60 are considering taking action against An Post on grounds of discrimination.

It makes a mockery of equality agreements when an agency of the State drives a coach and four through legislation designed to protect workers against ageism.

Indeed, this case takes on added significance because 2007 is European Year of Equal Opportunities for All in Ireland.

Ironically, at a time when people are living longer, due mainly to advances in medicine and nutrition, there is a growing perception that official attitudes towards the elderly in Ireland are mired in prejudice.

Right across the spectrum of society, from the workplace to the health service, older people encounter barriers of ageism.

The evidence before the tribunal showed that if Stanley Ruddy of Johnstown, Co Meath, had been permitted to avail of the owner-driver scheme in 2003, he would have received a gross incentive payment of €92,442. Instead, he received €22,126 when he retired in December 2004, a difference of €70,316.

The compensation payment for that amount was based on the claim that the company had discriminated against Mr Ruddy by refusing him access to the owner-driver scheme, part of the loss-making company’s overall restructuring programme in October 2003.

When he retired in 2004 from SDS, An Post’s special distribution service, he had 24 years of service with the company.

Basically, the restructuring package included early or voluntary retirement and the introduction of an owner-driver scheme under which former SDS drivers could become contractors, owning and driving their own vans for the SDS.

In an ideal world, the European Year of Equal Opportunities for All should be an inspirational source of fresh commitment and initiative towards achieving full equality at all levels of society.

It is worth recalling that when the Equality Authority was set up in 1999, its objective was to combat discrimination and to promote equality on the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion and membership of the Traveller community.

The problem of discrimination on grounds of age persists, not only in the workplace but also in relation to health and the delivery of social services, areas where it has serious repercussions for older people.

On a broader canvas, a case currently before the European Court of Justice could yet lead to thousands of claims against public sector employers for unfair dismissal. A UK organisation which supports the rights of the elderly has challenged age discrimination laws which allow public sector employers to force staff to retire at 65, leaving them without the right or choice to work. A verdict in its favour could open the floodgates.

Among the grievances voiced by older people, complaints about retirement ages are high on the agenda. Yet there is broad support in the popular mind for the concept of a more equal society. Indeed, it is fair to say that much progress has already been achieved towards this laudable objective.

But in practice, as the latest compensation award against a State company underlines, there is an awful long way to go before it can be said of Ireland that true equality exists here.