This case involved complaints by three Polish workers, the first-named of whom withdrew his complaints. The respondent was in liquidation and the liquidators did not attend the hearing. The respondent did make some written submissions to the Tribunal.

Claims were made by both remaining complainants that contracts of employment were not issued until nearly two years into their employment and not at all in the complainants’ own language. Claims were also made that adequate health and safety training had not been given and that whatever training was given was not in the complainants’ own language. The Tribunal concluded that a prima facie case of discrimination had not been made out. Claims for equal pay and discriminatory dismissal by the last-named complainant were also not made out.

However, the Tribunal did accept the un-contradicted evidence of the third-named complainant that he had been required to undertake driving duties over a three to four months’ period without being paid for it. The Tribunal accepted that there was a prima facie case of discrimination in his employment conditions on grounds of his nationality and awarded him €7,500, being the equivalent of approximately three months’ pay.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-059-Full-Case-Report.html