Latest in Employment Law>Case Law>Zagurskas v Elephant Haulage Ltd. (in liquidation) [2013]
Zagurskas v Elephant Haulage Ltd. (in liquidation) [2013]
Published on: 20/09/2013
Issues Covered: Dismissal Discrimination Pay
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor
Bernadette Treanor
Background

This is yet another case where the respondents are in liquidation but in this case no previous written submission was to hand.  The complainant alleged that he was paid less than 6 named comparators and that he was dismissed when others with less service were retained.

The complainant had no knowledge whatsoever of his comparators’ remuneration and the Equality Officer found this was fatal to the complainant’s complaint in respect of equal pay and said it was simply impossible for him to determine whether a valid complaint existed.  Essentially this means that the complainant failed to establish a prima facie case in respect of equal pay.

However, the complainant’s evidence was accepted in respect of his only having received a contract in English while his Polish colleagues received a contract in English and Polish.  The Equality Office was satisfied that this constituted discrimination of the complainant on the race ground (nationality).  He was awarded €500.

Why is this case of interest?

  • If you provide contracts in various languages ensure that it is available in the necessary language for each employee to avoid a less favourable comparison between the different nationalities.

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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 20/09/2013
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