The Bar of Ireland
Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney
Tel: (087) 4361270
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
WRC dismissed a gender discrimination claim, finding salary disparities were based on experience, not gender.
Complainant: Anne Marie Jones Respondent: Bord Na Mona Recycling Limited
The Complainant worked for the Respondent from February 2011 to April 24, 2023, and was promoted to Depot Manager in July 2020. In July 2024, she lodged a complaint with the WRC, alleging gender discrimination and unequal pay. She claimed she was paid less than male colleagues in similar roles and raised this issue with managers, but no action was taken. Upon her resignation, two male managers were hired to replace her and were paid significantly more than she had been. The Complainant believed her performance was satisfactory and noted she took on additional unpaid responsibilities. She provided the names of male colleagues earning higher salaries and the two male managers hired after her departure. The Complainant highlighted her 12 years of experience, knowledge of the waste management industry, and her role’s responsibilities compared to higher-paid peers. She alleged systemic pay disparity based on gender.
The Respondent denied the Complainant’s claim of unequal pay, emphasising that her salary as a Depot Manager was determined by her management experience and was unrelated to gender. They stated the Complainant's salary increased significantly during her tenure, starting at €34,510 in 2021 and rising to €43,137 in 2022. The Respondent highlighted the comparators identified by the Complainant, Mr. X and Mr. Y, had significantly more experience, with Mr. X hired nine months after her resignation and Mr. Y possessing 20 years of industry experience. Salaries for Depot Managers ranged between €34,510 and €55,000 in 2022, based on experience. A HR Generalist testified that salary placement adhered to a scale and was based solely on experience, not gender. The Respondent argued the Complainant failed to identify a valid comparator performing similar work and did not present evidence linking her salary to gender discrimination. The Respondent maintained that allegations alone cannot substantiate a claim and that the complaint should be dismissed. It was further argued that the Complainant, as a valued employee, had been encouraged to develop her career and would likely have progressed on the salary scale had she remained employed.
The Adjudicator dismissed the Complainant's claim of gender discrimination in pay under the Employment Equality Acts 1998–2015. They found the Complainant alleged that she performed like work to that of two male comparators, X and Y, but received less pay due to her gender. The Respondent acknowledged the pay differential but argued it was due to X and Y’s superior management experience. X, hired nine months after the Complainant's resignation, had 15 years of prior managerial experience, while Y, with 20 years as a General Manager in the same industry, was placed higher on the pay scale. The Adjudicator accepted that the disparity was proportionate, based on established pay scale criteria, and reflected objective factors unrelated to gender. The Complainant failed to provide evidence linking the differential to gender discrimination. While the Complainant performed "like work" with X and Y, she did not establish a prima facie case of discrimination. The complaint was dismissed.
Employers should implement:
- Transparent Pay Scales: Establish and communicate clear, objective criteria for salary placement, such as experience and qualifications, to ensure consistency and defend against discrimination claims.
- Document Decision-Making: Maintain thorough records of recruitment, promotion, and salary decisions, including rationale based on experience, skills, and responsibilities, to provide evidence in the event of a dispute.
- Training and Awareness: Train managers and HR staff on employment equality legislation and ensure all salary and employment decisions are free from bias based on gender or other protected characteristics.
The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/december/adj-00052967.html
