Paschal Mooney (Fianna Fail) | Oireachtas source

I thank the Minister of State. The only reason I raise this issue is I am considering the example of what occurs when somebody who has been employed for some considerable time in a particular institution or business exceeds the retirement age and is suddenly offered a fixed-term contract. This seems to suggest, or at least imply, that there is something more to the offer than meets the eye. Is the Minister of State satisfied that the amendment will prevent the offering of discriminatory contracts and that the onus of proof will be on the employer rather than the employee who would have to take a case on age discrimination grounds if his or her contract terms were to be changed once he or she passed the compulsory retirement age? There could be an inference that the employer wanted to get rid of the employee by offering a fixed-term contract.This was a way of doing it and because the law is so strong to simply tell somebody to go this provision could be used as a vehicle to terminate an individual's employment. A fixed-term contract could extend for three or six months. The Bill does not state its length.