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Firefighters' age discrimination applications dismissed; employer not required to develop individual cardiac testing regime upon general request.
The applicants, a group of firefighters, alleged age discrimination after being required to retire at age 60.
They argued that the respondents failed to accommodate them by not developing an individual testing regime to assess their cardiac risk, relying on an exception discussed in previous jurisprudence.
The Tribunal held a summary hearing under Rule 19A to determine if the applications had a reasonable prospect of success.
The Tribunal found that the duty to accommodate does not require an employer to develop a testing regime upon a general request, and the applicants had not presented evidence of an exceptionally low cardiac risk to trigger an individual exception.
The applications were dismissed for having no reasonable prospect of success.
