This appeal concerned a complaint that the complainant had been discriminated against on the grounds of gender. Her complaint was based on the allegation that she was allocated fewer working hours than her contract of employment provided for. She alleged that a male comparator with less service than her had been assigned full-time work at her work location. The complainant argued that the Adjudication Officer had failed, in their decision, to provide a real deterrent to employers breaching their statutory obligations. The respondent did not contest that the Acts had been breached but contended that the preliminary award of compensation was adequate.

The Court held that the complainant had been discriminated against on the grounds of gender, thus it proceeded to consider the appropriate redress in the circumstances. The Court did not consider it appropriate to measure the financial circumstances of the respondent in formulating the appropriate redress as, by common assent, no matter of financial loss was suffered by the complainant. The Court concluded that an award of compensation was appropriate in this case and increased the award of compensation from €6,000 to €8,000. The decision of the Adjudication Officer to order placement on a roster as per her contract of employment was also affirmed.
http://www.workplacerelations.ie/en/Cases/2017/June/EDA1718.html