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Kathryn Johnson, Belfast and District, and IEC member, makes her point at BDC. Photo: Derek Speirs.


RTÉ should accept Roper verdict and plan a fairer future for all


The decision of RTÉ to appeal the outcome of a case taken by NUJ member Anne Roper, who was awarded €100,000 for illegal discrimination on grounds of age having been forced to retire, has been described as “deeply regrettable” by the NUJ. Anne a distinguished producer director, was


awarded compensation on foot of a finding that RTÉ was guilty of discrimination, contrary to Section 79 of the Employment Equality Act. A feminist with a strong track record in highlighting inequality, one of Anne’s most significant programmes was the acclaimed 2018 two-part series, “No Country for Women.”


The NUJ had sought, through internal procedures,


to have her employment extended by 18 months but the employer insisted that she should retire at 65, even though her contract was silent on the issue of a retirement date. Anne invoked the complex grievance procedures, which involved three hearings, at which she was represented by Séamus Dooley, Irish Secretary. RTÉ refused to allow her to continue in employment pending exhaustion of the grievance process, despite an application from the NUJ. Ms Roper subsequently took a case to the


Workplace Relations Commission under the Equality Act and decided to challenge the termination of her employment on grounds of age discrimination. She was represented by Padraig Lyons BL,


instructed by Claire Macken and Donal Spring of Donal Spring, Daniel Spring and Co, Solicitors. The Irish Secretary gave evidence in her support and the determination was predicated on many of the failures highlighted in the internal process. Reacting to the judgement, Séamus Dooley said the comprehensive determination identified the need for clear criteria in relation to longer working and transparency surrounding retirement.


He said: “We are disappointed that RTÉ has decided to appeal the determination. Our member has had to suffer a highly unsatisfactory internal process and a very stressful WRC hearing, followed by a long wait for the adjudication. This appeal adds further stress to the individual but will also delay the implementation of a consistent, coherent and transparent retirement policy in RTÉ predicated on the principles and fairness. “The Adjudication Officer’s determination sets out


useful precepts and it would have been preferable If RTÉ had accepted the findings and addressed the shortcomings identified in this case. Ms Roper and the legal team deserve credit for the manner in which this case has been pursued. RTÉ should develop strategies for a fairer future for all workers and work with the Trade Union Group on addressing the complex issues which arise through changes in the State pension age and the now discredited enforced retirement age of 65.” In her judgement, Catherine Byrne, WRC adjudication officer, rejected RTÉ’s claim that the forced retirement of Anne Roper was needed to achieve what the organisation described as “intergenerational fairness.” She also found that while most people working in


RTÉ retire at 65 there was a practice which allowed a significant number of employees to work beyond that age.


On RTÉ’s decision to appeal, Séamus Dooley said Anne Roper’s case has been prolonged and is now being drawn out by her former employer. “The case was submitted on January 4th, 2019, the hearing took place on May 21st and July 10th. The determination was issued on December 18th, 2019. The consequences of a Labour Court appeal will be an added burden on Ms Roper, additional costs to RTÉ and continued uncertainty for those facing retirement.”


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