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ARTICLE · 04 OCTOBER 2018

Caution Urged When Compulsorily Retiring An Employee

In a recent case, John O'Brien v PPI Adhesive Plastics, the WRC ordered a company to pay its former employee €35,000 for compulsorily retiring him despite his wish to stay on in his job.

IrelandEmployment and HR

In a recent case, John O'Brien v PPI Adhesive Plastics, the WRC ordered a company to pay its former employee €35,000 for compulsorily retiring him despite his wish to stay on in his job.

The complainant was retired against his wish, when he turned 66 years of age and had accrued 46 years of service with the company. The WRC was not satisfied that the company operated a universally applied compulsory retirement age nor that the alleged policy satisfied a legitimate aim.

BACKGROUND

In February 2016, the complainant indicated to the company that he wished to work beyond his 65th birthday, which was approaching. He put the request to work to his 66th birthday in writing, which request was accepted. The complainant later told the company that he would like to remain in work beyond age 66. His application was rejected so he appealed internally, without success. In the course of the appeal, the company referred to a "2014 agreement" on retirement, which the complainant

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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