Driver in Ireland won €2,500 after employer withdrew job application when they realised his age
The Workplace Relations Commission rejected the employers argument that for "health and safety" reasons they could not employ anyone aged over 65 years of age.
Bus driver James Maloney accepted a job driving for charity “Ability West”, an organisation which provides residential and respite care services to disabled children and adults. The job was part time for 16 hours a week over 2 days.
A month after he accepted, Ability West rescinded the offer. It had been given a copy of his driver’s licence, driver’s car and driver’s qualification card. Mr Maloney was told that Ability West operated a mandatory retirement age of 65 but tried to amend the offer to a temporary contract for a fixed term. Mr Maloney rejected this, stating that he had already accepted a permanent position.
Mr Maloney complained to the WRC. Adjudication Officer Ray Flaherty said that Mr Maloney had established a prima facie case and Ability West did not show any evidence to suggest that a bus driver’s age could affect his ability to do the job required. The WRC said that Mr Maloney was “a competent and experienced driver”.
Accordingly, it found in his favour.