Antoni Kapusta, Slawomir Rutkowski & Przemyslaw Smolarek v Edward McDonald [2012]
Decision Number: Legal Body: Workplace Relations Commission
Published on: 20/07/2012
Issues Covered:
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Background

This is a case of three Polish workers claiming equal pay (on grounds of race), equal treatment in conditions of employment and discriminatory dismissals against a respondent whose representative withdrew from the case and who failed to attend the Tribunal’s hearing.

The claimants contended that they were paid half as much as two Irish comparators. However there were (minor) inconsistencies in their accounts of the sums paid to the comparators and some indications of supervisory functions on the part of the comparators. Hence their equal pay claims failed.
On equal treatment in working conditions, the Tribunal concluded that there was not enough evidence of inferior working conditions to those of Irish workers, such as being given dangerous jobs and

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 20/07/2012
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