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RTÉ offered Valerie Cox €5,000 to settle case before WRC

The WRC ordered RTÉ to pay former employee Valerie Cox €50,000
The WRC ordered RTÉ to pay former employee Valerie Cox €50,000

Former RTÉ employee Valerie Cox has said she was offered €5,000 by the broadcaster to settle a case before it went to the Workplace Relations Commission.

However, yesterday the WRC ordered RTÉ to pay Ms Cox €50,000 after it found that the broadcaster discriminated against her on age grounds.

Ms Cox had two separate contracts of employment with RTÉ, with two separate sets of terms and conditions.

The first, dating from August 2004, was a full-time contract of direct employment, which involved work as a radio reporter on progammes including Today with Sean O'Rourke.

That contract terminated on 8 March 2016 when she reached the age of 65.

The second contract, which began in August 2003, was a casual or irregular contract to do "It Says in the Papers" for which she was paid a daily rate.

The evidence was that she would be rostered for one week every six weeks but that "there was nothing definite".

Ms Cox told the WRC adjudication hearing that in March 2016, after her full-time contract was terminated, she was told that she would continue to be placed on the roster for the casual/irregular contract but that "A period of time would have to elapse between her retirement from her full-time position and being placed on the roster again in relation to this contract".

Ms Cox went abroad for some months, but when she returned she was told that she would not be allowed to come back as her contract had ended.

RTÉ argued that the retirement age for the complainant was clearly set out in their terms of employment in the associated handbook, and that Ms Cox had taken part in a pre-retirement course in October 2015.

The station also said their compulsory retirement age of 65 was designed to encourage a high staff retention rate by creating opportunities for promotion and intergenerational fairness, as well as ensuring the renewal of employment teams.

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Speaking on RTÉ’s Today with Sean O’Rourke, Ms Cox said that she had applied for her extension on her main contract, before retiring, but was turned down.

She said that she did not want to retire at 65 because she loved the job.

Ms Cox added "there was no need for all this fuss" because all she ever wanted to do was go back to the job.

She said she was surprised that she had to go as far as she did with the case.

Ms Cox added she would be back in RTÉ "in a heartbeat" if she had the opportunity to do "It Says in the Papers", which she described as "a pure joy."

Meanwhile, Labour leader Brendan Howlin raised the case during Leaders' Questions in the Dáil.

Mr Howlin asked when the Government would publish the legislation to abolish the mandatory retirement age for public sector workers.

And he asked if the legislation would end the use of compulsory or mandatory retirement provisions in the contract of workers.

Tánaiste Simon Coveney welcomed the judgment by the WRC and said he hoped it sent a signal out to many people in similar circumstances to Ms Cox.

He said the Government has agreed to increase the compulsory retirement age from 65 to 70. 

The Government has also approved the scheme of a bill for the policy change and he said the initial draft bill which is being prepared is on the priority list for legislation.

"This isn't an ideal situation and I accept that", he said.

He called on all parties to help the Government see the legislation move through the Oireachtas quickly.