The complainant was a Spanish national employed as a waitress in the respondent’s coffee shop. The respondent did not respond to the complainant’s submission nor attend the hearing and therefore the Equality Officer had only the complainant’s evidence to consider.
A number of incidents were detailed by the complainant where she was allegedly singled out for less favourable treatment. These assertions were supported by two other waitresses, one in a written submission and one who attended the hearing. The Equality Officer upheld the complaint of less favourable treatment on the race ground.
Ultimately the complainant was dismissed from her employment and when she approached the respondent some days later she was told that all the staff had been replaced by cheaper staff. The complainant’s dismissal was pursued through the EAT.
The complainant also sought equal pay with that of her Irish comparators. Payslips for the Irish comparators were produced to the Equality Officer. The Equality Office was satisfied, on the uncontested evidence of the complainant, that the complainant had established ‘like work’ and in such situations it is for the respondent to demonstrate that the difference in pay is on grounds other than the discriminatory grounds. As the respondent did not engage with the Tribunal there was no such evidence and equal pay was awarded.
The complainant was awarded €8,500 for the treatment aspect of the complaint upheld, about 6 months pay, in addition to remuneration equal to the comparator with the highest pay.
Why this case is of interest
- The process undertaken in an equal pay case can be difficult to follow in some cases. The absence of a rebuttal from the respondent in terms of whether or not it was ‘like work’ in addition to whether or not there were grounds other than the discriminatory grounds that could explain the difference in pay renders the process clear and unambiguous in this case.
Read the Full Case Decision Here:
http://www.workplacerelations.ie/en/Cases/2013/November/DEC-E2013-159.html
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
