University of Limerick ordered to pay former counsellor €50,000 over ‘compulsory retirement’
THE University of Limerick has been ordered to pay €50,000 to a former counsellor after it was found to have discriminated against him on age grounds.
Michael O’Mahony, who had worked for UL for nearly two decades, initiated proceedings in the Workplace Relations Commission, after he was “compulsorily retired” in March 2021.
In her ruling, WRC Adjudicator Bríd Deering said the actions of UL “constituted a discriminatory dismissal on grounds of age contrary to the provisions of EU law and the Employment Equality Acts”.
During a hearing last October, Mr O’Mahony, now aged 70, stated he was “fit and capable” of working when he was informed by UL that his employment was being terminated.
He said he believed his age was held against him and that it was important to him, as a respected hard-working member of staff, that he be treated with dignity and respect.
“The manner of his dismissal was a sad way to end what was otherwise a very happy and rewarding career with the respondent,” noted Ms Deering.
During the hearing, UL argued it was legally obliged to compulsorily retire Mr O’Mahony who had worked as an independent contractor for many years before becoming a direct employee of the university.
The UL case was that the retirement age of 65 in the Public Sector is well known and that it was obliged to implement the law and, accordingly, had to retire Mr O’Mahony.
In her closing remarks, Ms Deering noted Mr O'Mahony was a "highly valued employee" and was a a great resource to the students.
In her findings, which have just been published, she states that the implications for the complainant of a change in employment status were manifold.
"As a self-employed person he had the liberty to work to an age of his choice; whereas on 1 January 2019 he became a public servant “employed” prior to 1 April 2004, and accordingly, a compulsory retirement age of 65 years applied in line with the applicable retirement legislation."
Finding in Mr O'Mahony's favour, she said: "I decide that the complainant has established a prima facie case of discrimination which has not been rebutted by the respondent."
In ordering UL to pay €50,000 in compensation for the effects of discrimination on the age ground, she added: "This amount is arrived at having regard to the requirement under Article 17 of the Framework Directive as interpreted by case law that the sanction be 'effective, dissuasive and proportionate'."