No fixed retirement age, no defence: WRC awards one years' pay for age discrimination
Published on: 12/11/2026
Article Authors The main content of this article was provided by the following authors.
Dermot Casserly Partner & Head of Employment, Walkers Ireland
Dermot Casserly Partner & Head of Employment, Walkers Ireland
Dermot Casserly portrait 3

Dermot advises on all legal issues arising out of the employment relationship including employment contracts, disciplinary and grievance issues, absenteeism and dismissal issues.

He is also experienced in the review and preparation of contracts of employment, bonus schemes, staff handbooks, advising on day to day HR queries, disciplinary matters, redundancy consultation, union representation, employment audits, immigration issues, TUPE, compromise agreements and employment issues in mergers and acquisitions.

Dermot leads the Employment team in Ireland and also provides representation in respect of defending all forms of employee claims including unfair dismissal and equality claims for his clients.

Alison Martin Senior Associate, Employment Law at Walkers
Alison Martin Senior Associate, Employment Law at Walkers
Alison Martin

As a Senior Associate in the Employment team, Alison advises clients in the private and public sector in relation to all aspects of the employment relationship, contentious and non-contentious.

Alison provides on-going support to organisations on day to day employment law matters such as internal investigations, grievance and disciplinary issues and procedures, restructuring, redundancy, data protection, freedom of information, protected disclosures, immigration, and industrial relations issues.

Named a ‘Recommended Lawyer’ for employment law by the international legal directory, Legal 500 (2018 and 2021 editions) and part of the award winning Employment Law Team at the 2017 AIB Private Banking Law Awards.

Emer Lyons Trainee Solicitor in the Employment team in Walkers (Ireland) LLP
Emer Lyons Trainee Solicitor in the Employment team in Walkers (Ireland) LLP
Emer Lyons

Emer assists Partners and Associates on a broad range of matters, both contentious and non-contentious. Her experience includes:

Contracts of employment
Employment policies and procedures
Dismissals
Internal investigations
Internal grievance and disciplinary matters
Data protection
Emer has assisted on employment disputes before the Workplace Relations Commission, the Labour Court and the High Court.

Qualifications

Due to be admitted in Ireland in early 2027

Education:

Professional Practice Course, Law Society of Ireland

Advanced Diploma in Legal Practice, Law Society of Ireland

Certificate in Public Legal Education, Law Society of Ireland

Diploma in Law, Law Society of Ireland

Bachelor of Arts (B.A), University College Dublin

With the proportion of employees wishing to continue working beyond the traditional retirement age of 65 set to grow significantly and in light of the Employment (Contractual Retirement Ages) Act 2025 (the "2025 Act") and the updated Code of Practice on Longer Working ("Code of Practice"), employers need to manage retirement processes carefully.  

An additional year of employment on a fixed-term basis may appear to offer a straightforward route to retirement. However, a recent decision of the Workplace Relations Commission (WRC) is a sharp reminder to employers that a mandatory retirement age only protects them if it has actually been fixed and clearly communicated to employees.

In this case (Rajamohan Pillay v CG Hotels Limited T/A Park

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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 12/11/2026
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