`European first' as woman wins case claiming dismissal was on age grounds

The Equality Authority has welcomed as a "European first" a decision by the Labour Court to award compensation to a woman dismissed from her job on age grounds.

The Court ordered a Waterford solicitors' firm, M.M. Halley & Sons, to pay £6,000 to Ms Rachel Argent, who lost her job as legal secretary when the company decided to hire a younger woman.

Hailing the decision as the first of its kind, the Equality Authority said it highlighted the "discriminatory treatment" many older workers faced. A spokesman added that Ireland was "the only country in Europe that protects people from age discrimination". Ms Argent, who is in her 50s, worked for the law firm from July 1999 to May 2000. Although there was a "sharp conflict" between the parties as to whether the employment was temporary or permanent, the Labour Court said this was irrelevant if, as alleged, she had lost her job on age grounds.

The court found that at some time before her dismissal, the firm decided to employ a young person who could be trained in quasi-legal and secretarial services, and that despite her experience in both areas, the complainant was not considered for this position.

Ms Argent claimed the partner who dismissed her spoke of a decision to "take on a young girl who could be trained to do her job". The partner in question denied saying that the new employee would be trained to do the complainant's job, but Ms Argent's version was supported by correspondence.

In a letter to the firm on the day following her dismissal, she recited her version of the conversation, and in a reply two days later the firm did not disagree with her account.

The Labour Court ruled that the company had reserved the redesigned position for a young person, "and that the complainant, by reason of her age, did meet this requirement". The most appropriate redress was compensation, it added, and £6,000 was a reasonable amount.

Welcoming the decision, Equality Authority chief executive Mr Niall Crowley said the success of the claim would send out a message to discriminating management everywhere.

"Ageism often involves a false economy where younger and cheap er workers are brought in to replace older, more experienced ones," he said.