Leslie Fagan v An Post [2026]
Decision Number: ADJ-00060662 Legal Body: Workplace Relations Commission
Published on: 29/10/2026
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:
Leslie Fagan
Respondent:
An Post
Summary

The WRC upheld An Post’s refusal to extend employment beyond mandatory retirement age as objectively justified and proportionate.

Background

The Complainant commenced employment with An Post in September 1999 and sought an extension of employment beyond the company's mandatory retirement age in February 2025. His application was refused, and he alleged that his compulsory retirement constituted discrimination on grounds of age and disability, together with victimisation. He maintained that the decision was arbitrary, lacked objective justification and had been taken without meaningful consultation or consideration of his circumstances. Although the Chief Medical Officer considered him fit for his existing night-sorting duties, concerns were identified regarding his capacity to undertake physically demanding delivery work because of mobility difficulties. The Complainant

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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 29/10/2026
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