The first Decision of 2014 was issued by the Director, Mr. Niall McCutcheon, and relates to 34 complainants, 30 of whom turned up for the hearing.  While a number of issues including gender were included in the original complaints the Decision ultimately dealt with only three substantive issues were addressed, failure to pay the  REA rates, failure to provide written contracts of employmentand an assertion relating to inducements of additional hours in return for renting accommodation from a Director of the respondent.

The representative for the complainants argued that the Tribunal should infer, because all of the employees were non nationals, that the employer’s intention was to exploit non-Irish nationals and argued that a notional  Irish comparator would not have been treated in this way.  The Director mentioned two Labour Court cases Melbury Developments v Arturs Valpetters and Businkas v Eupat when considering the case.  Very usefully, he also detailed Toker Developments v Edgars Grods in which the Labour Court gave some guidance on the use of notional comparators and the need for some evidential  basis for the assertion being made.  The Director was not satisfied that there was any less favourable treatment, that is that a notional Irish comparator would have been treated more favourably, and that the complainants had failed to establish a prima facie case of discrimination as alleged.  Therefore, the complaints were not upheld.

Why is this case of interest?