O’Mahony v Southwest Doctors on Call Ltd., (trading as SouthDoc)
Decision Number: Legal Body: Workplace Relations Commission
Published on: 16/12/2015
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

The complainant was employed by the respondent, who deliberately selected older people, in the role of Driver/Attendant.  This role included driving doctors and occasionally assisting in lifting.  The complainant asserted that he asked at interview if he would retire at 65 and he was told he would not.  His contract made no mention of retirement ages.  It is agreed that until 2008 employees could work beyond 65.  Following a process engaged in with SIPTU the employer reissued the complainant with a contract which now included a retirement age of 65.  The complainant did not sign the new contract but interestingly neither did he object to it in any way.

The complainant makes much of not having been told during

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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 16/12/2015
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