Dunican and Spain v Offaly Civil Defence  IRET DEC-E2013-027Posted in: Case Law
Case ReferenceIRET DEC-E2013-027
Legal BodyEmployment Appeals Tribunal (EAT)
Type of Claim / JurisdictionDiscrimination and Equality
This was an Irish decision that considered the application of Directive 2000/78/EC. The claimants were volunteers in the Offaly Civil Defence who were both over 70 years old. They were made to retire pursuant to the terms of Civil Defence's Office Notice 7/91 which stated the upper age limit of membership as 65. The claimants alleged age discrimination.
It was firstly determined that the claimants were employees for the purposes of the Employee Equality Acts and the Equality Officer had jurisdiction to hear the claim. The Equality Officer considered the terms of the Directive which states
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