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Focus Ireland ordered to pay €22,000 to 68-year-old 'humiliated' mediator for unlawfully retiring him

Baneham found that McGrath’s role with Focus Ireland “was ended through unlawful and less favourable treatment because of his age”.

HOMELESS CHARITY FOCUS Ireland has been ordered to pay a 68-year-old mediator €22,000 for unlawfully ‘retiring’ him at the age of 66.

At the Workplace Relations Commission (WRC), Adjudication Officer, Kevin Baneham found that Focus Ireland discriminated against Joseph McGrath because of his age in not allowing him to continue beyond 20 June 2018 after he turned 66 earlier in 2018. 

Baneham found that McGrath’s role with Focus Ireland “was ended through unlawful and less favourable treatment because of his age”.

McGrath stated that he had been recruited by Focus Ireland in 2016 to work on a new project involving family mediation to prevent young people entering homelessness.

McGrath told the WRC that age should have been a positive and not a negative.

He stated that said that he felt “humiliated and hurt”, in particular as this was a role he had dreamt about.

Joseph McGrath’s role

McGrath told the WRC that he had always wanted to work with young people who were on the margins and signed a two-year fixed term contract for the role.

Prior to his Focus Ireland role, McGrath worked for a Government Department and previously in the Defence Forces and is in receipt of a pension earned by his service with the Defence Forces. 

McGrath stated that the project was for five years and its funding from a named philanthropy group was dependent on achieving outcomes.

In January 2018, Focus Ireland published its second-year report on the project and concluded that the target for the year has been exceeded and ‘the mediation service has proven itself to be an effective process which is delivering effective change in the lives of young people and families referred to it.’

McGrath and his colleagues on the project worked with 25 families, who were almost all able to stay in the family home.

A retirement email

McGrath stated that in February 2018, Focus Ireland emailed all staff to say that the retirement age had been raised to 66 and Mr McGrath received a phone call that day to acknowledge he would turn 66 on 23 April 2018.

 McGrath’s post was then advertised internally as part of an extension to the project and his application was not processed.

McGrath stated that he applied again as an external candidate and he was told by Focus Ireland that he would not be considered because of his age.

McGrath claimed that what had occurred was a flagrant breach of the Employment Equality Act and Focus Ireland had not advanced any objective justification for the ending of his employment.

 McGrath agreed that his contract would end at the expiry of the fixed term, but not considering him for the role was an act of discrimination.

In his findings, Baneham found that the aims relied on Focus Ireland relating to fitness and dignity of employees, were legitimate.

He stated: “I, however, find that the means used to achieve these aims were not appropriate or necessary. It was not necessary to use the blunt indicia of age when fitness could have been readily assessed in other ways.”

Baneham stated that the project, for example, was evaluated, and the line manager gave McGrath a glowing reference. 

Baneham stated that while McGrath had reached the revised retirement age, McGrath advanced a strong case to continue for a further two years or for some other fixed term.

Baneham stated that McGrath had successfully rolled out the first two years of the project and that a mix of ages was appropriate in addressing the challenges faced by the project. 

Baneham stated that this possibility was not considered by Focus Ireland and “it only looked at the complainant’s age and this was disproportionate and, therefore, beyond what was necessary”. 

Focus Ireland submitted that McGrath was engaged on a two-year contract and could have no expectation of working beyond the term of the contract. 

This was why there was no age of retirement stated in his contract of employment.

Focus Ireland stated that McGrath’s employment ended at the end of the fixed-term and not because of his age.

At the hearing, Focus Ireland submitted that there was no discrimination in this case and that McGrath’s application was not processed because he was then above the retirement age of 66.

Focus Ireland said that this was justified by McGrath’s entitlement to pension.

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    Mute Big bad bull
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    Jun 2nd 2020, 7:13 PM

    22k would help a good few homeless families…

    148
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    Mute Patrick Agnew
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    Jun 2nd 2020, 7:17 PM

    @Big bad bull: they booted him out because he turned 66. They deserve to be hauled over the ropes for stupidity alone

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    Mute Dermot Foley
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    Jun 2nd 2020, 7:18 PM

    @Big bad bull: did you even read the article?
    How much money do you think the CEO of this company makes prior to discriminating against people aged 66?

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    Mute Dermot Foley
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    Jun 2nd 2020, 7:18 PM

    @Patrick Agnew: well said.

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    Mute Cosmological
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    Jun 2nd 2020, 7:24 PM

    @Big bad bull:
    Big bad braindead, that’s all I have to say.

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    Mute Ciarán Seosamh
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    Jun 2nd 2020, 7:37 PM

    @Big bad bull: silly answer, he had a fixed contract. So they unlawfully retired him, why should he be out of pocket because of negligence on management’s part.

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    Mute Aido
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    Jun 2nd 2020, 7:49 PM

    @Cosmological: Youte bleeding hilarious. Chapelles got nothing on you, pal

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    Mute john s
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    Jun 2nd 2020, 8:12 PM

    @Patrick Agnew: he hit retirement age.

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    Mute Cosmological
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    Jun 2nd 2020, 8:16 PM

    @Aido:
    Appreciated mate.

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    Mute Susan Noone
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    Jun 2nd 2020, 9:32 PM

    @john s: there is no retirement age as it’s discriminatory

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    Mute ÓDuibhír Abú
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    Jun 3rd 2020, 7:56 AM

    @Patrick Agnew: A need to ; Refocus! I would say.!!

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    Mute Sean
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    Jun 2nd 2020, 7:30 PM

    Age is a very blunt instrument as a measure of fitness alright. There are some 75 year olds who could do a triathlon and some 50 year olds who are completely crocked. It depends on his well you look after yourself combined with some genetic good fortune.

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    Mute Earth Traveller
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    Jun 2nd 2020, 7:31 PM

    Hopefully other employers will take heed. Plenty of talk about diversity and inclusiveness but these don’t seem to apply when it comes more experienced, older workers.

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    Mute Jun Stone
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    Jun 2nd 2020, 8:52 PM

    @Earth Traveller: totally agree!

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    Mute Aunties
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    Jun 2nd 2020, 7:21 PM

    Old folks matter

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    Mute Aido
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    Jun 2nd 2020, 7:51 PM

    @Aunties: More than young Aunties. Nothing but shots and sessions moths

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    Mute Niall Sheridan
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    Jun 2nd 2020, 8:02 PM

    First time I saw a plaintiff and defendant named on The Journal in WRC cases. I hope this is going to be the norm.

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    Mute Motherofthree
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    Jun 2nd 2020, 8:35 PM

    @Niall Sheridan: I think its a terrible invasion of privacy for the employee. Unless they have chosen to go public

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    Mute Motherofthree
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    Jun 2nd 2020, 8:34 PM

    These articles on WRC feel like such an invasion of privacy. Surely the employee has a right to anonymity. Even when the case is reported without naming names, the people close to the employee will more than likely know who they are and get all the juicy details.
    He already said he felt humiliated, does it need to be made public now too?
    These are private and sensitive matters for the person bringing the case, leave them be.

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    Mute Bartron5000
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    Jun 3rd 2020, 6:56 AM

    @Motherofthree: well he wont mind bit of publicity 22k in his back pocket

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    Mute Patrick Fennell
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    Jun 2nd 2020, 10:09 PM

    So called ” justice organisation” been hauled before the courts to be taught the true meaning of justice.Disgraceful discriminatory treatment of one of their workers.Charity sector no better than some of private sector.Pieta House equally as guilty with the recent unfair sacking of a large number of their staff.Think before you make any donation to any of these “charitable organisations”

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    Mute Justice Mickey
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    Jun 2nd 2020, 7:35 PM

    How many donations will go to pay for their stupidity?

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    Mute my name
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    Jun 2nd 2020, 7:50 PM

    @Justice Mickey: a lot less than pays €100k plus for a CEO

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    Mute Micheal S. O' Ceilleachair
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    Jun 3rd 2020, 2:01 AM

    I guess they lost focus!!!

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    Mute Mickomacko
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    Jun 3rd 2020, 1:50 AM

    Age and home location is a major factor in not offering candidates the opportunity to work with an organization.

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    Mute Bartron5000
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    Jun 3rd 2020, 6:54 AM

    Wonder will joe give any of his mons towards homelessness

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    Mute ÓDuibhír Abú
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    Jun 3rd 2020, 7:58 AM

    @Bartron5000: I’m afraid those people make a living out of; ‘Homelessness ‘, how Ironic.!!

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    Mute Konrad Murphy
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    Jun 3rd 2020, 10:45 AM

    So who ends up paying it . The donations ?

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