Dermot Hayes v Eircom Limited [2026]
Decision Number: ADJ-00056693 Legal Body: Workplace Relations Commission
Published on: 11/11/2026
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Complainant:
Dermot Hayes
Respondent:
Eircom Limited
Summary

Mandatory retirement upheld through legitimate, proportionate objectives.

Background

The Complainant submitted that his compulsory retirement at age 65 constituted unlawful age discrimination. He had commenced employment in October 1980 and maintained that his original civil service pension and retirement entitlements had been preserved following privatisation. He argued that the Respondent’s retirement policy did not override those arrangements. Having sought an extension beyond age 65, he underwent an occupational health assessment and was certified fit for work. Nevertheless, his application and subsequent appeal were refused on grounds including succession planning, intergenerational fairness and health and safety. He challenged the necessity and proportionality of those justifications, maintaining that he remained capable of performing his duties. Following retirement, he undertook substantially identical

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 11/11/2026
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