DEC-E2003-020 Full Case Report

Six Named Employees (Represented by IMPACT and SIPTU) V Dublin Institute of Technology

1. DISPUTE

1.1 This dispute concerns a claim by IMPACT and SIPTU, on behalf of six named employees in the grade of Head Porter, who are employed by the Dublin Institute of Technology that they are entitled to the same pay as that which was paid to a named comparator in the grade of Housekeeper in terms of Section 19 of the Employment Equality Act, 1998.

2. BACKGROUND

2.1 The Unions, on behalf of the six named male employees, allege that they are paid less than the named female comparator even though they perform 'like work' within the meaning of Sections 7(b) and 7(c) of the Employment Equality Act, 1998. It is the Unions'contention that the difference in pay related to gender. The respondent has denied the allegation.

2.2 The Unions, on behalf of the complainant, referred a complaint to the Director of Equality Investigations on 14th October, 2002 under the Employment Equality Act, 1998. In accordance with her powers under Section 75 of that Act the Director then delegated the case to Gerardine Coyle, Equality Officer on 21st November, 2002 for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Act. A preliminary hearing took place on 10th December, 2002. Submission were received and exchanged. Work inspections took place on 4th, 5th and 6th March, 2003. A final hearing took place on 1st May, 2003.

3. SUMMARY OF THE UNIONS' SUBMISSION

3.1 According to the Unions the complainants employed by the respondent are claiming equal pay with Supervisors and in particular those in the grade of Housekeeper. It is the Unions' contention that the respondent, by refusing to extend to the complainants equal pay status with the comparator grade, is discriminating against them under the Employment Equality Act, 1998. The Unions hold the view that the Act entitles the complainants to equal pay on the basis that they perform the same work, similar work and work of equal value to that of the named comparator and in fact it could be considered that the work performed by the complainants is more complex, demanding and more challenging from a supervisory perspective. The Unions argue that the Head Porter and Housekeeper positions are supervisory grades and for pay purposes should be treated the same. Furthermore as the comparator (Housekeeper) grade is and always has been female and the complainant (Head Porter) grade is and always has been exclusively male the Unions can see no reasonable, logical or economic reason, other than gender, why they should not be treated equally.

3.2 According to the Unions the complainants are paid at the General Operative pay scale with additional Head Porter and Travel allowances added to their rate of pay. Their pay is a 13 point scale starting at €23,521.01 rising to €24,636.14 per annum. The complainants work a 40 hour week over 5 days Monday - Friday and their hours of attendance can be rostered between 8.00a.m. and 10.30p.m. on these days. Following a Management Working Party most Head Porters work a 39 hour week over 5 days from 8.00a.m. to 5.00p.m. and they receive no extra remuneration for working broken hours or shifts within the rostered opening times. The named comparator is paid at the Clerical grade which has 6 points on the pay scale. The pay scale commences at €27,605.63 rising to €33,616.69 per annum. The named comparator works a 35 hour week over 5 days from Monday to Friday 9.00a.m. to 5.00p.m.

3.3 The respondent operates from a number of sites. The Unions contend that the complainants perform their own duties and the duties assigned to the named comparator as the grade of the named comparator only exists in the Cathal Brugha Street site and on all other sites the complainants assume and perform the duties of the named comparator. In addition to this the Unions say that there are three annexes attached to the Cathal Brugha Street site and the complainant in the Cathal Brugha Street site has full exclusive supervisory responsibility for the staff and the operations in the annexes.

3.3 The Unions state that the complainants will demonstrate that a report compiled by a Joint Union Management Working Party (set up under the PCW) and accepted by both sides made recommendations to change (a) the title of their grade to a Buildings Services Supervisor and (b) to change their duties and responsibilities to reflect the work they had been performing on an ongoing basis. According to the Unions the complainants consider that this report recognised the ongoing supervisory nature of their role and sought to enshrine this on a more formalised basis.

3.4 The Unions say that under the PCW Agreement a claim to have the named comparator's grade re-graded as Clerical Grade IV was conceded. Prior to this the named comparator was paid at a rate similar to a Clerical Officer. The complainants in the Head Porter grade continued to be paid as General Operatives with a Head Porter's Allowance distinguishing them as a supervisory grade with particular roles and responsibilities. The Unions state that following this agreement it was established that both grades would have the same reporting structures. A claim for equal pay was lodged with the respondent in March, 2000 and the response of the respondent was to reject the claim and suggest it might be more appropriate to consider it following an analysis of all grades via a Joint Working Party Report. According to the Unions the respondent was treating the Head Porters as Supervisors in every aspect other than pay given that both the complainants and named comparator grades had exactly the same reporting structures, the level of supervisory training given to the complainants and the role which both the complainants and the named comparator had in the selection, recruitment and training of new staff. In March, 2002 the respondent formally rejected the claim in its entirety.

3.5 Following the PCW claim the Unions say that management changed the reporting structures for the comparator grade and this change brought both grades under the direct management of the Buildings Maintenance Managers. According to the Unions the Buildings Maintenance Managers hold the budget for all household and maintenance functions i.e. all purchases made by both the comparator and the complainants and the Managers sign off for same. This change was notified to the complainants and the comparator by letter dated 19th October, 1999. It is the Union's contention that the effect of this was to bring all supervisory staff into a management structure under the direct control of a Buildings Maintenance Manager. Staff reported in the first instance directly to their supervisor i.e. the complainants and the comparator who had responsibility of assigning and supervision duties along with the reporting and completing attendance records of their respective staff. The Unions state that management considers the roles of the complainants and the comparator to be similar. Set out in Appendices A and B are details of the duties of the complainants and the named female comparator respectively as described by the Unions.

3.6 According to the Unions the reporting structures of the complainants' and the comparator's grade clearly demonstrates the following:
(a) The respondent has informed staff that the complainants have responsibilities similar to the comparator;
(b) The respondent has informed staff that the role of the complainants and the comparator is similar;
(c) The respondent has informed staff that the complainants and the comparator has the same reporting structure;
(d) In all colleges outside Cathal Brugha Street the complainants perform a similar role in every respect to that of the comparator;
(e) In Cathal Brugha Street the respondent expects the complainant to perform a role similar in every respect to that of the comparator and at times overlapping with it;
(f) In Cathal Brugha Street the respondent expects the complainant and his staff to assume supervisory responsibility for household staff outside core business hours;
(g) The respondent expects and has nominated the complainant and the comparator as first line supervisors for the purposes of implementing the Grievance, Disciplinary and Bullying & Harassment Procedures;
(h) Both grades have a decision making role.
The Unions contend that an argument could be advanced that the complainants' supervisory role is more complex and demanding than that of the comparator on the basis of the numbers and grades to be supervised.

3.7 The Unions state that the complainants and the comparator perform almost all the same duties and responsibilities. However the comparator liaises with the complainant on a day to day basis and the Unions contend that the only reason for this is that the respondent accepts that there is a need to ensure consistency within the management team in the day to day operational decisions. In terms of skills the Unions say that the complainants and the comparator are required to have similar skills to fully meet the requirements of their respective roles. In relation to physical and mental effort the Unions say that both the complainants and the comparator supervise large numbers of staff and therefore have similar physical and mental requirements. According to the Unions the complainant spends all her working day indoors whereas the complainants, who are based indoors, do have to spend a lot of time travelling to and from annexes attached to the Colleges.

3.8 In conclusion the Unions state that there is no area of the respective roles of the complainants and the comparator which is significantly different. It is the Unions submission that the complainants and the comparator perform 'like work' with each other. Consequently the Unions contend that there is no economic reason how the respondent can reasonably demonstrate otherwise and, therefore, the Unions conclude that the difference in pay is on the basis of gender.

4. SUMMARY OF THE RESPONDENT'S SUBMISSION

4.1 The respondent states that it employs six Head Porters, one based on each of its major sites at Bolton Street, Kevin Street, Cathal Brugha Street, Aungier Street, Mount Street and Rathmines Road. One Housekeeper is employed in the Faculty of Tourism and Food at the Cathal Brugha Street site. According to the respondent the Housekeeper (the comparator) was in receipt of a salary scale of €27,607 - €33,617 as at 1st October, 2002. The salary scale for the Head Porters (the complainants) at that time was €23,521 - €24,636 and it was under review. The respondent states that the complainants and the comparator work the following hours:
Comparator: 5 days a week (Monday to Friday based on 39 hours per week)
Complainants: 5 days a week (Monday to Friday based on 40 hours per week) Rostered between 8.00a.m. to 5.00p.m. Overtime paid for hours worked outside rostered 40 hours.
(Staff work 40 hours instead of 39 hours, but receive a rest day in lieu)

4.2 The respondent states that the Unions, on behalf of the complainants, are claiming "equal pay with Supervisors, particularly the Housekeeper grade, on the grounds of same work and work of equal value and on the basis that the difference in pay is based only on gender". The respondent notes that the Unions base their claim on the statement that "the work between the Head Porters and the Housekeeper has become interchangeable and similar over the years where the differences are small and occur infrequently". In support of their case the respondent notes that the Unions contend that "the Housekeeper's job has always been given to a female" and they maintain that "when an assistant is given to the Housekeeper, a female is always selected (not by competition as is the normal procedure)".

4.3 The respondent rejects this claim on grounds other the gender as follows:
(a) the complainants and the comparator do not perform work that is of similar nature or equal in value;
(b) the differences in duties are significant rather than 'small';
(c) the knowledge and skills required for the post of the comparator are greater than those required for the position of complainants;
(d) It is an Equal Opportunities Employer and does not discriminate against anyone on grounds of gender or on any other grounds.

4.4 The respondent states that the complainants are all male. Over the years when the position of Head Porter was advertised the respondent notes that only one female ever applied for the position and she was unable to attend the interview. In relation to the Unions contention that the Housekeeper's job has always been given to a female the respondent notes that when the position was advertised in 1992 only four candidates (all female) were qualified in accordance with the terms of the advertisement and were interviewed. When the current Housekeeper was granted leave of absence for one year in 1999 the temporary position was advertised and again there were four female applicants. Hence in both cases the successful candidate was female.

4.5 The respondent notes that the requirements for appointment as Head Porter are five year's continuous satisfactory service and the requirements for appointment as Housekeeper are a Certificate or Diploma in Hotel Management or an equivalent qualification and relevant experience in the supervision of staff. In response to the Unions claim that a female is always selected for the position of Housekeeper (not by competition as is the normal procedure) the respondent states that there is no recognised supervisory position with the title 'Assistant Housekeeper'. However when the Housekeeper requires particular assistance a general operative is assigned, based on experience and service. The respondent notes that the current person in this position previously acted as the Housekeeper in the current Housekeeper's absence.

4.6 In response to the claims that "the work between the Head Porters and the Housekeeper has become interchangeable and similar over the years where the differences are small and occur infrequently" the respondent accepts that there are always aspects of supervisors' jobs which might be similar in nature. The respondent notes that the Housekeeper supervises 57 staff which is more that twice the number of staff that any of the Head Porters supervise. Furthermore the respondent states that it can show that the work performed by the Housekeeper and by the Head Porters is not equal in value and finally the respondent states that it can show that the differences in responsibilities involved by both grades are significant. The respondent does this by way of comments (see Appendix C) on the duties of the complainants and the named female comparator as set out by the Unions and listed in Appendices A and B.

5. CONCLUSIONS OF THE EQUALITY OFFICER

5.1 The issue for decision in this claim is whether the complainants are entitled to equal pay with the named female comparator. The names of the six complainants and the female comparator are set out in Appendix D. In making my decision in this claim I have taken into account all of the submissions, both written and oral, made to me by the parties.

5.2 The six male complainants contend that they perform 'like work' with the named female comparator in terms of Section 7(b) and 7(c) of the Employment Equality Act, 1998. The complainant's are employed as Head Porters. At their request I undertook work inspections of three of the named complainants and my job descriptions for these complainants are set out in Appendix E. My job description for the work performed by the named female comparator is set out in Appendix F. As the complainants are all employed as Head Porters earning the same rate of pay I am satisfied that they perform 'like work' with each other. Hence it is only necessary to undertake a comparison of the job carried out by one of the complainants with that carried out by the named female comparator. I have decided to select the work carried out by the complainant Mr. O'Brien for analysis with the work carried out by the named comparator and my analysis is set out in Appendix G.

5.3 Section 7(b) of the Employment Equality Act, 1998 states:
"in relation to the work which one person is employed to do, another person shall be regarded as employed to do like work if -
(b) the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each either are of small importance in relation to the work as a whole or occur with such irregularity as not to be significant to the work as a whole".
Following my work inspections of the work of the complainant (Mr. O'Brien) and the work of the named female comparator I am satisfied that their work was not of a similar nature. While they both had a supervisory role the named female comparator was responsible for the smooth running of twelve kitchens daily. She had the power to hire and fire staff as necessary. The named female comparator was constantly placing orders for supplies and chasing up these orders. By comparison the complainant ensured that boilers, fire alarm system and the CCTV system all functioned. In the event of a security alert the complainant co-ordinated an evacuation. The complainant inspected buildings for problems e.g. leaks, property damage, etc. In conclusion, therefore, I find that the job performed by the complainant was not similar to that performed by the named female comparator in terms of Section 7(b) of the 1998 Act.

5.4 Section 7(c) of the Employment Equality Act, 1998 states:
"in relation to the work which one person is employed to do, another person shall be regarded as employed to do like work if -
(c) the work performed by one is equal in value to the work performed by the other, having regard to such matters as skill, physical or mental requirements, responsibility and work conditions".
Having carried out work inspections and undertaken an analysis of the jobs of the complainant and the named female comparator I find that the demands made on the complainant in terms of physical requirements and working conditions are greater than the demands on the named female comparator. In relation to skills, mental requirements and responsibility I find that the demands made on the named female comparator are higher than those made on the complainant. In conclusion, therefore, I am satisfied that the overall demands on the named female comparator are greater than the overall demands on the complainant. As I have already found, as in paragraph 5.2 above, 'like work' exists between each of the complainants I conclude that none of the complainants perform 'like work' with the named female comparator within the meaning of Section 7(c) of the Employment Equality Act, 1998.

5.5 As I have found that the complainants did not perform 'like work' with the named female comparator it is not necessary to examine any of the other issues raised by the complainants in relation to the PCW Agreement and the contention that both males and females applied for the position of Housekeeper but a female was always appointed.

6. DECISION

6.1 In view of the foregoing I find that the six named male employees did not perform 'like work' with the named female comparator in terms of Section 7(b) and Section 7(c) of the Employment Equality Act, 1998 and were, therefore, not discriminated against by the Dublin Institute of Technology and have no entitlement to equal pay in terms of Section 19 of that Act.

___________________
Gerardine Coyle
Equality Officer
20th May, 2003

APPENDIX A

Union's List of Duties for the Complainants

The duties carried out by the Complainants (Head Porters) are as follows:
1. To be responsible for the general security and safety of all College Premises, their contents and grounds.
2. To be responsible for opening and closing the College and rooms in the College, as directed, and to maintain in safe custody all keys entrusted to him/her.
3. To be responsible for ensuring that all entrances, exits and access routes to the College premises and entrances to any other buildings annexed to the College are under supervision at all times they are in use; controlling the entry of all persons to and exit from the College.
4. To be responsible for accepting delivery of all incoming goods for recording receipt of such deliveries, where appropriate, and ensure that all materials and equipment enters and leaves the building only with proper authorisation.
5. To be responsible for assisting and directing callers to the appropriate office or destination in the College.
6. To roster and supervise such staff as may be assigned.
7. To be responsible for maintaining good order in the College premises and grounds and to advise and assist as required in the formulation and implementation of fire and safety regulations.
8. To be responsible for ensuring the collection and distribution of internal mail and correspondence and the provision of the services of a Porter or Labourer for journeys on official College business.
9. To be responsible for the operation of the telephone service when the telephonist is not on duty.
10. To be responsible for ensuring that no unauthorised person is on the premises when handing over to the Night Security Officer of when closing the premises.
11. To be responsible for ensuring that premises are properly secured when closing including checking that all exits and windows are locked and that services such as water, gas, electricity, etc. are turned off or left in a safe standby mode.
12. To perform such other duties of a similar nature as may be instructed from time to time by the Vocational Education Committee, the Chief Executive Officer, the Principal or any other authorised officer.

APPENDIX B

Union's List of Duties for the Named Female Comparator

The Duties of the Named Female Comparator (Housekeeper) are as follows:
1. To be responsible for the maintenance of a high standard of hygiene/cleanliness throughout the College and its annexes (e.g. Kitchens, Classrooms, Toilets, Corridors, Staircases, etc.)
2. To arrange the timetable and allocate the work to cleaners and kitchen attendants and to supervise and inspect the work undertaken by them - sweeping, dusting, polishing, scrubbing, cleaning paintwork, furniture and furnishings.
3. To prepare rooms for special functions/meetings on request.
4. To ensure that ceilings, walls, high ledges, "out of sight" places, light fittings, shades, etc. are regularly dusted and cleaned.
5. To issue and control cleaning materials and equipment and to see that such equipment is maintained to a high standard of operation and safety.
6. To supervise the control and issue of cutlery, crockery and small kitchen equipment.
7. To supervise the control and issue of table linen, kitchen and cleaning cloths i.e. from store to use, from use to laundry, from laundry to store.
8. To review the College building regularly with a view to listing necessary maintenance work.
9. To draw up a list, on a regular basis of areas/items, etc. which require painting and decorating.
10. To ensure that each member of the cleaning staff is neatly groomed on reporting for duty.
11. To undertake such other appropriate duties as may be assigned by the Faculty Administrator from time to time.
12. The Housekeeper will report to the Faculty Administrator and will liaise with the Head Porter on a day to day basis.

APPENDIX C

Response from the Respondent to the Union's List of Duties

Comments on the Named Comparator's List of Duties:

1. To be responsible for the maintenance of a high standard of hygiene/cleanliness throughout the College and its annexes (Kitchens, Classrooms, Toilets, Corridors, Staircases, etc.)
In virtually all major buildings throughout the Institute, Commercial Contract Cleaners are engaged and the Head Porters have no responsibility for the supervision of such staff. In Cathal Brugha Street, direct labour is employed (72 staff), while the most that are employed directly on any other single site are 16 in Mountjoy Square.
In Cathal Brugha Street, the Housekeeper is responsible for specialised cleaning of eleven Teaching Kitchens including Production/Larder, (which have a daily turnover of up to three classes of 16 per day) and for the Cafeteria Kitchen (2,500 students/300 staff). As already indicated, she supervises 57 staff.
This entails responsibility for Hygiene and Food Safety, including the implementation and monitoring of the HACCP (Hazard Analysis Critical Control Points) system, as well as liaising with the Health Board's Environmental Health Officer on matters relating to Hygiene and Safety.
There are no Production or Teaching Kitchens in any of the other colleges. All of the Cafeterias in the Institute are run by Contract Caterers, except in Cathal Brugha Street, where a Cafeteria service to 2,600 daily is provided. The responsibilities of Head Porters in this regard are clearly not on a scale with those of the Housekeeper.
2. To arrange the timetable and allocate the work to cleaners and kitchen attendants and to supervise and inspect the work undertaken by them - sweeping, dusting, polishing, scrubbing, cleaning paintwork, furniture and furnishings.
There is a great variation in cleaning standards between Kitchens/related areas and general cleaning. Up to 25 of the housekeeping staff work in high risk areas in terms of health and safety. Furthermore, staff rostering of housekeeping staff must meet the Faculty's teaching needs, which often change on a daily basis, whereas cleaning in other areas is standard and routine.
3. To prepare rooms for special functions/meetings on request. As a Catering College, the nature of Functions are somewhat unique, such as:
V.I.P./Taoiseach lunches
Institute launches
President's Dinner
Governing Body Dinners
Directorate Dinners
National/World Competitions

The Housekeeper has therefore to roster staff specifically for the function, arrange for the equipping of kitchens and restaurants, linens and flower arrangements, colour schemes, etc.
Catering for functions of this nature are managed by external Caterers in all other DIT buildings. Head Porters have no significant role for functions, although they may have to arrange for the layout of rooms for meetings.
4. To ensure that ceilings, walls, high ledges, "out of sight" places, light fittings, shades, etc. are regularly dusted and cleaned.
This mainly refers to the summer cleaning list for circa fifty staff. Every area from basement to 4th floor is thoroughly cleaned by Housekeeping staff each summer, in preparation for the re-commencement of full-time students in September. Head Porters have no actual role here where Contract Cleaners are engaged.
5. To issue and control cleaning materials and equipment and to see that such equipment is maintained to a high standard of operation and safety. Again, the Head Porters' role here would be minor.
The Housekeeper must complete Safety Data Sheets on all Cleaning Materials in accordance with the Janitorial Contracts. This is specialised work and it is the responsibility of the Housekeeper to:
- Check for chemicals
- Identify any special protection requirements e.g. Safety Glasses
- Protection of students - safety cabinets for storage
In addition, the Institute's Procurement Officer seeks advice from the Housekeeper with regard to Tender Documents for all janitorial products.
6. To supervise the control and issue of cutlery, crockery and small kitchen equipment.
7. To supervise the control and issue of table linen, kitchen and cleaning cloths i.e. from store to use, from use to laundry, from laundry to store.
Overall responsibility for the Faculty's Equipment Stores, which includes purchasing and maintenance of steam cleaners, floor washers, dishwashers, power washers, along with selection of cleaning systems.
Overall responsibility for the Faculty's Linen Stores, which includes sourcing, laundering and sanitising.
Issuing of linens to 12 kitchens, 2 restaurants and 1 Cafeteria on daily basis.
Reupholstering of furniture in the various restaurants/function rooms.
Crockery and glassware for 11 kitchens and 2 restaurants is purchased by housekeepers.
8. To review the College building regularly with a view to listing necessary maintenance work.
9. To draw up a list, on a regular basis of areas/items, etc. which require painting and decorating.
Housekeeper does identify maintenance and decorating needs within her remit, mainly restaurants/kitchens e.g. Redecoration of the 'Blue Room' restaurant involving colour schemes, linens, equipment, etc. and advises Buildings Maintenance Manager, who places order with Contractor.
10. To ensure that each member of the cleaning staff is neatly groomed on reporting for duty.
As can be seen from the following, this is of significant importance in the case of Housekeeping staff by comparison with other cleaning staff:

11. To undertake such other appropriate duties as may be assigned by the Faculty Administrator from time to time.
This is a standard phrase on all contracts.
12. The Housekeeper will report to the Faculty Administrator and will liaise with the Head Porter on a day to day basis.
While the P.C.W. Agreement proposed that the Housekeeper would report to the Buildings Maintenance Manager, in practice, she still reports to the Faculty Administrator, in view of the Faculty's teaching needs, particularly in the kitchens. She still liaises with the Head Porter in the normal way.

Comments on the Complainants' List of Duties:
1. To be responsible for the general security and safety of all College premises, their contents and grounds.
Safety on the premises and for contents is not unique to Porters. The Housekeeper hold keys to the Equipment and Linen Stores and has a responsibility for safety relating to spillages on corridors, leaking of windows, etc.
2. To be responsible for opening and closing the College and rooms in the College, as directed, and to maintain in safe custody all keys entrusted to him/her.
Staff seeking to gain entrance to rooms in Cathal Brugha Street are sent to the Housekeeper. Keys to all kitchens are held by the Housekeeper, along with a copy of the Master key.
3. To be responsible for ensuring that all entrances, exits and access routes to the College premises and entrances to any other buildings annexed to the College are under supervision at all times they are in use; controlling the entry of all persons to and exit from the College.
5. To be responsible for assisting and directing callers to the appropriate office or destination in the College.
7. To be responsible for maintaining good order in the College premises and grounds and to advise and assist as required in the formulation and implementation of fire and safety regulations.
With regard to fire and safety regulations, the Institute now employs a permanent Health and Safety Officer, who holds overall responsibility for this area. Head Porters would assist with the implementation of such regulations.
General safety on corridors (in Cathal Brugha Street) is the responsibility of the Housekeeper e.g. equipment on floor, spillages, etc.
4. To be responsible for accepting delivery of all incoming goods for recording receipt of such deliveries, where appropriate, and ensure that all materials and equipment enters and leaves the building only with proper authorisation.
A Goods Inwards Officer is employed to carry out this function. As can be seen from the comments on items 5 and 6 on the Housekeeper's List, her role here relates to specialised materials and equipment, particularly where she signs out linens and kitchen equipment for competitions, etc. There is clearly therefore no linkage between this item and item 6 on the Housekeeper's List.
6. To roster and supervise such staff as may be assigned.
This applies to all managers and supervisors (totalling more than 200) hroughout the Institute.
It should be noted, however, that the Housekeeper supervises 57 staff, which is more than twice the number of staff that any of the Head Porters supervise.
8. To be responsible for ensuring the collection and distribution of internal mail and correspondence and the provision of the services of a Porter or Labourer for journeys on official College business.
This is fairly routine. Traditionally, this has been the responsibility of the Housekeeper in Cathal Brugha Street.
The latter part of providing staff for deliveries no longer applies.
9. To be responsible for the operation of the telephone service when the telephonist is not on duty.
Telephonist or telephone service no longer exists on individual sites. A central service is now provided in the Institute.
12. To perform such other duties of a similar nature as may be instructed from time to time by the Vocational Education Committee, the Chief Executive Officer, the Principal or any other authorised officer.
This is a standard phrase on all contracts.

APPENDIX D

Names of the Complainants and the Female Comparator

COMPLAINANTS
Mr. Joe O'Brien, Cathal Brugha Street
Mr. John Lowe, Bolton Street
Mr. Peter Masterson, Aungier Street
Mr. Pat Healy, Rathmines
Mr. Ronnie Snow, Kevin Street
Mr. Joseph Finn Mountjoy Square

COMPARATOR
Ms. Elaine O'Connor, Cathal Brugha Street

APPENDIX E

Equality Officer's Job Description for the Complainants
Name: Mr. John Lowe
Job Title: Head Porter
Reports to: Building Maintenance Manager
Number of Staff: 23 comprising 7 Porters, General Operatives, Goods Inwards
Officer, Person to clean offices, Person to clean laboratories
Organisation: Dublin Institute of Technology
Location: Bolton Street
Other Sites: Linen Hall
Beresford Place
London Street and E-Block
Hours of Work: 7.30a.m. - 4.00p.m. (Monday to Friday)
Salary: €23,521 - €24,636

DUTIES:
There is a night watchman on duty at the College. He lets in the contract cleaners at 6.30a.m.
When the complainant comes on duty he has a set of keys for the College and he lets himself in. Either he or one of the Porters opens the staff carpark. The Kings Inn Street entrance and the carpark is opened at 7.30a.m. while the Bolton Street entrance and the Goods Inwards area are opened at 8.00a.m.
The complainant checks the incident book which is maintained by the Night Watchman. He then does a tour of the building to check that there are no problems. He also checks with the cleaning supervisor that the cleaning staff encountered no problems.
The staff working to the complainant are assigned different areas. There are two shifts with three Porters and a number of General Operatives scheduled to work the 7.00a.m. shift and two Porters and a number of General Operatives scheduled to work the 2.00p.m. shift.
Cleaning staff and the Goods Inwards Officer work days only and the watchman works nights only. The complainant draws up the work roster one week in advance - it is a standard roster and staff are alternated in the different areas except when someone is out sick then a replacement is brought in on overtime.
The complainant organises that toilets are stocked with soap and toilet tissue every morning. All staff have walkie talkies and the complainant can communicate with them at all times. The complainant regularly checks the data sheets which are located in the toilets and which give details of when the toilets have been cleaned that day.
The complainant would ring the other buildings to check that all staff had reported for duty.
The other sites are:
- Linen Hall (on the opposite side of Bolton Street and it operates a split shift at 7.00a.m. and 2.00p.m.)
- Beresford Place (staff work from 8.00a.m. to 5.00p.m.)
- London Street and E-Block (staff are sent from Bolton Street to this building).
The complainant speaks with the Building Maintenance Manager in relation to the functions rota. When Open Days take place the complainant must liaise with the Head Porter in Kevin Street to keep the buses on the move between the two Colleges. He also liaises with the various Heads of Department in relation to the number and manner in which rooms are to be set up. Rooms are set up either the evening before or the next morning. If rooms have to be set up for meetings it is generally a last minute notification that is received and the complainant must organise staff to set up.
Every Monday the complainant completes wages reports, clock cards and overtime sheets for every member of his staff. He sends these to Accounts. They are then returned to him and he passes them to the Building Maintenance Manager. The complainant visits the other sites and collects the wage and overtime records and he must have these passed to the Building Maintenance Manager by 11.00a.m.
The complainant speaks with the Building Maintenance Manager daily about any tasks that needs to be completed that day. The complainant receives a number of requests daily for car parking spaces for visitors and he passes these requests to the attendant on the carpark. As part of his daily routine the complainant checks that staff are wearing the proper safety clothing for the duties they are performing that day. The complainant ensures that his staff follow up on keys borrowed and not returned. When a staff member is unable to get a key back which has been borrowed the complainant is notified and pursues the person in question.
Keys not returned would be highlighted in the incident book.
The complainant monitors the views on the CCTV security system. He carries out random checks on the different areas once a day. The complainant checks all equipment at his disposal e.g. fire safety equipment, walkie talkies and he makes sure that it is functional. The complainant checks the fire safety unit for faults and he contacts external contractors if there is a problem with any of this equipment including the CCTV system. The complainant also checks the same equipment in the other locations/sites.
When the post is delivered (and most of it is delivered to Bolton Street) the complainant organises for it to be sorted and delivered. The post for Bolton Street is delivered to all Departments at 10.00a.m. approximately. The complainant organises for outgoing post to be taken to the Post Office twice daily at 11.00a.m. and 4.00p.m.
In relation to General Maintenance there is a Requisition Book outlining faults and problems.
Other faults e.g. electrical, leaks, etc. are notified by telephone to the complainant. There is an on-site electrician, carpenter and plumber at the College. Requisitions are sent to the Building Maintenance Manager and these are then passed to the appropriate person for action.
The complainant orders supplies for janitorial stores. This comprises not only cleaning materials but lab aide materials also. These supplies can be collected from the complainant or one of the other Porters at 10.30a.m. daily. The complainant undertakes a stocktake on supplies. In relation to supplies of toilet paper and soap the complainant makes out the order and passes it to the Building Maintenance Manager who processes it. When supplies are delivered the complainant organises for his staff to store them away. Orders received are checked by the Goods Inwards Officer and by the complainant or a nominated Porter.
The Goods Inwards Officer reports to the complainant. He mans the Goods Inwards area at all times. He works alone and delivers small items himself. However he contacts the complainant or one of the other Porters for the delivery of other larger items of post. The complainant deals with the Administrative Offices on a daily basis ensuring that there is a stock of brochures and leaflets. In this regard the complainant liaises with the Head of Registration who tells him what leaflets are in short supply and what quantities are required.
The complainant then contacts Head Office to order a supply of leaflets to be sent to Bolton Street.
The complainant is responsible for looking after the security needs of the on-site bank. When cash is being delivered or collected the complainant is notified and he organises extra security. He also closes the Goods Inwards area to stop other deliveries taking place at that time.
The complainant organises the setting up of the restaurant or meeting rooms for specific purposes. This entails the re-arranging of furniture or the movement of furniture between rooms. At exam times i.e. 8 weeks in the summer and repeats in September, the complainant would have to organise the setting up of the exam rooms in all the building and it could entail the movement of furniture between buildings.
At enrolment time for part-time students the complainant must organise extra security in the Administration areas. He cordons off the areas and sets up stands for queues. The complainant also organises the setting up of small rooms for members of each faculty to interview applicants for part-time positions.
The complainant deals with disciplinary issues with staff members as and when they arise. He would have a chat with the staff member initially and see if the problem could be resolved. Depending on the issue being addressed and the circumstances surrounding it the complainant might issue a warning. If he cannot achieve a resolution of the problem the complainant consults with the Building Maintenance Manager. As a last resort the
complainant approaches Personnel.
Officially there is no training procedure in place for staff. The complainant spends a lot of time with new staff explaining the job to them and he introduces them to other staff members.
The complainant encourages all his staff to do courses e.g. Health and Safety, Dealing with Others e.g. members of the public, students, staff, etc.
The complainant is involved in the organisation of fire drills. The Building Maintenance Manager decides on a date for the drill. The complainant notifies all Heads of Department about the drill. Also the night before the drill the complainant notifies the local fire brigade and Gardai and he confirms this again with them fifteen minutes before the drill. All the fire warders are drawn from the complainant's staff and they all wear fluorescent jackets.
The complainant oversees the Partnership Scheme on Waste Management. This is a big operation where the paper is separated from other waste for recycling purposes.

Name: Mr. Pat Healy
Job Title: Head Porter
Reports to: Building Maintenance Manager
Number of Staff: 22 comprising 1 Porter in every site
2 Acting Assistant Porters in Rathmines
1 Acting Assistant Porter in every other location
Remainder of staff employed as General
Operatives/Cleaners
Organisation: Dublin Institute of Technology
Location: Rathmines Road
Other Sites: Rathmines House
Chatham Row
Adelaide Road
Mount Street
Hours of Work: 8.00a.m. - 4.30p.m. (Monday to Friday)
Salary: €23,521 - €24,636

DUTIES:
The complainant holds the keys of the College Building and he turns off the security alarm and opens up the building on his arrival to work. He checks the building, looking into all rooms to ensure that there is no damage which needs attention. The complainant deals with any people who are sleeping rough around the outside of the building. The complainant then checks the boiler to make sure that it is working. He then checks the five prefab buildings in the back yard. After that the complainant rings around the other buildings to make sure that the Porters who opened them have not encountered any problems. He also goes to Rathmines House to check that everything is OK.
Every Monday the complainant goes to Rathmines House (which is located quite close to the main College in Rathmines) to collect the wage reports from the Porter on duty there. Wage reports comprise overtime and attendance sheets for the previous week. The complainant checks them to ensure that they are correct and passes a copy to the Building Maintenance Manager to be signed. The wage reports for the other sites are sent directly to the Building Maintenance Manager for signature. The Building Maintenance Manager would tell the complainant the details of these claims and the complainant would input this information into the computer.
The complainant would monitor the carpark especially the larger one at the back of the building. He handles all general enquiries. The complainant has responsibility for the keys of all doors in the College. All keys being taken must be signed for by teachers and students must hand in their identification cards. The complainant checks the Porter Day Book to see if there are any rooms which need to be either set up or dismantled and he organises this accordingly.
When the post arrives the complainant helps sort it and has it sent to the appropriate buildings. The complainant is also responsible for all post going out of the building and he must ensure that it gets to the correct destination. If the post is for Rathmines House it is delivered whereas if it is for other locations it is delivered to the Post Office for posting. The Porters organise couriers for any post that is being sent out by courier. All taxi services go to the front desk and the person, for whom the taxi is ordered, is called. The complainant will take up duty on the front desk where he answers phone calls, deals with requests for access to the carpark, directs visitors and hands out keys to staff and students.
In the early afternoon two to three times per week the complainant pays a visit to all the other sites to check them and to discuss any problems with the staff. If there is a requirement for work to be done at these sites the complainant informs the Building Maintenance Manager and between them they decide on how to proceed.
Contract cleaners are employed to clean the Rathmines Road and Mount Street Colleges. The complainant checks their work and approaches the Supervisor if dissatisfied. Alternatively if the Supervisor has a problem she approaches the complainant. The contract cleaning company hoovers, sweeps and dusts. Other cleaning is undertaken by the General Operatives e.g. entrances to the building, computers in music and technology laboratories. The Art Room is given a special clean twice weekly at least. If the toilets require cleaning during the day the complainant organises this. Cleaning of the toilets is undertaken as a result of a complaint.
The complainant organises one fire drill for staff every term in conjunction with the Building Maintenance Manager. He informs the Head of School of the pending drill. He also notifies the fire brigade service and the Gardai in advance. The complainant would be present at all sites when a drill is taking place. When all persons present have left the building the complainant would have a sweep of the building undertaken before letting everyone return.
Where a person has not left the building during a fire drill the complainant would report this to their relevant supervisor. The complainant and two of the Porters know how to operate the fire alarm panel.
The complainant is responsible for providing staff cover in each building. He is also responsible for organising courses for staff in areas of fire drills, health and safety, first aid, manual handling and computers. In this regard the complainant discusses training needs with the Training Officer once every two months. The complainant is also responsible for disciplinary matters. In relation to a disciplinary issue the complainant gives a staff member warning, then if necessary he speaks to the staff member in the presence of his Union representative. After this the complainant would, if necessary, inform the Building Maintenance Manager and ask him to note it. The complainant is involved in the interviewing of full-time temporary staff with the Building Maintenance Manager and another representative from the respondent organisation. He is also on the interview board for promotion from General Operative to Assistant Porter.
In conjunction with the Building Maintenance Manager he set up a waste management system in the College as a cost cutting exercise. He monitors the sorting of the waste (separating paper and cardboard). This is then bagged and left ready for collection by Charity Organisations.
The complainant is the first point of contact in the event of a security alert during the night.
He holds the keys to the College at Rathmines Road. He is the second contact person for all other sites within his remit and he holds a set of keys for these sites also.
In the event of a major problem the complainant has the authority to call out contractors to attempt to resolve it. The complainant deputises for the Building Maintenance Manager when he is out on leave.
The complainant makes out the holiday roster annually. He sends out a form asking staff to complete it indicating their desired leave for the year. On receipt of all the returns the complainant checks them to ensure that there is adequate cover over the holiday period. Not all staff can be guaranteed to get their holidays when desired.
The complainant or one of the Porters supervises the setting up and dismantling of sets for plays in the theatre. This would have to be done once or twice a week. In January and May the complainant is responsible for setting up rooms for exams, i.e. 4 rooms in Rathmines Road and 10 rooms in Rathmines House. He must ensure that rooms are set up correctly.
During the exams the complainant organises the movement of panios, keyboards and equipment between rooms. He must organise the setting up of waiting rooms and practice rooms.
The complainant is a member of the committee which is set up to organise the three day induction event annually. He would have to be contactable at all times during the event. The event happens in late September and is for all sites (Rathmines Road, Rathmines House, Chatham Row and Adelaide Road) other than Mount Street.
The complainant liaises with the Building Maintenance Manager on a daily basis, discussing issues, planning the week ahead and discussing problems. He is involved with the Building Maintenance Manager in the purchase of uniforms, protective clothing and protective shoes for all staff.
In relation to the CCTV system the complainant changes the tapes regularly, checks and logs them and keeps them safely stored away. He is responsible for the walkie talkie system and staff are contactable at all times on this system.
The complainant has an incident book in which all problems/incidents are recorded, whether big or small. Generally it is the complainant who records items in this book.
The complainant is responsible for the purchase of janitorial equipment for Rathmines Road and other buildings if the relevant person is out/unavailable.

Name: Mr. Joe O'Brien
Job Title: Head Porter
Reports to: Building Maintenance Manager
Number of Staff: 18 comprising 8 General Operatives
5 Porters
1 Goods Inwards Officer
1 Watchman
Organisation: Dublin Institute of Technology
Location: Cathal Brugha Street
Other Sites: Marlborough Street
Sackville Place
Denmark Street
Hours of Work: 8.00a.m. - 5.00p.m. (Monday to Friday)
Salary: €23,521 - €24,636

DUTIES:
The complainant holds a set of keys for the College and is the first nominated keyholder in the event of a security alert. On arrival at work the complainant opens the front door and he gets the Porter, who has arrived on duty, to open the back door. On occasion the complainant may open the back door himself. The complainant checks internal fire doors to ensure that they are operating correctly. Where there has been a watchman on duty overnight the complainant checks with him if there has been any indicators flashing on the fire alarm. If there has been no watchman on duty overnight the complainant checks the intruder and the fire alarm. To enable him to do this he must know the functionality of the lights on the alarm panel.
There are three boilers in the College and it is necessary to have two running at any one time.
The complainant checks the boilers to make sure that they are firing so that water is being heated. If they are not working the complainant must attempt to establish the reason and he goes through the process of checking the power, water and the pumps. The complainant gets the boiler back working if it is within his technical capability to locate the problem and rectify it. Otherwise he can contact one of a number of contractors from a list which he has and he organises for them to call out and repair the boiler. The boiler may shut down once or twice a week but nine times out of ten the complainant can restart it himself.
The complainant makes sure that his staff have signed in. Where a member of staff does not report for duty the complainant has to organise cover. Each person who reports to the complainant knows what tasks they have to carry out and the complainant monitors the quality of their work.
The complainant undertakes a tour of the College building three to four times daily. The purpose of this tour is to identify anything which is amiss and have it rectified e.g. faulty lights, doors locked overnight are open, windows are secure from a safety perspective, air conditioning systems in kitchens are on and are working. The complainant would also check the log book to see if any fault had been logged and he would organise to have it repaired e.g. no power in a plug, no lights in a room, etc. If a problem cannot be resolved in-house the complainant contacts the appropriate person e.g. electrical contractor and this would be done before the kitchens would start for the day.
The complainant then goes to the Porters Desk in Reception (where he would spend 50% of his day) to see if there has been any problems reported. While at the Porters Desk in Reception the complainant answers incoming phone calls, directs visitors to the College and deals with enquiries. The complainant organises anything that needs to be done for example a table moved, flipchart or overhead projector needed for a room, markers for the board, etc. If a room has to be set up after a technician or the housekeeper has left the complainant will organise this. The complainant also monitors people passing through from the Reception area into the College. He liaises with the people in the Library and he checks for identification.
The complainant asks people entering the College, who are not students, to leave.
The complainant completes time sheets and overtime sheets from the staff sign in book once a week on a Monday for the previous week. On the sheets the complainant records if staff were present or absent and if absent the reason for the absence e.g. annual leave, sick leave, etc. On the overtime sheet the complainant records the number of hours overtime undertaken by staff members and the reasons for the overtime. When completed the complainant passes these sheets to the General Office in Cathal Brugha Street.
The complainant receives notice from the Director's Secretary of functions/special events taking place in the College. He organises anything that is required depending on the nature of the event. For example a visit by the Taoiseach or an Ambassador would necessitate extra staff on duty for security reasons and the need to inform the local Gardai to block off the front street.
Throughout the day the complainant would be involved in the handing out of keys to staff and students for internal doors in the College and to lockers. Keys are held for each locker in the College and this numbers in the region of 1,000.
The complainant is also responsible for the staff (2 Porters and 1 General Operative) who work in the Marlborough Street location. The College in Marlborough Street opens at 8.00a.m. approximately and the complainant would visit this location between 8.15a.m. and 8.30a.m. daily. He checks for any specific problems. There can be problems with people sleeping in the basement of the building and the complainant may have to contact the local Gardai if these people refuse to move. The complainant would undertake a tour of the building to establish if there are any problems. He also visits the two other sites namely Sackville Place and Denmark Street on average three times a week. In Sackville Place 3 General Operatives and 1 Porter report to the complainant while in Denmark Street 2 General Operative and 1 Porter report to him.
The start of the College year can be very busy with students starting College for the first time and other students starting back. The complainant has a role with the Welcome/Induction Committee which decides on how things should be set up. The complainant supplies information for a handbook e.g. contact named in the event of a problem, how to acquire lockers, etc. The complainant gives a short talk (lasting a couple of minutes) to new students on fire equipment and fire exits.
The complainant is responsible for checking out the cause of the fire alarm going off e.g. too much heat in the kitchens. Once satisfied that it is a false alarm (that the problem is under control) the complainant overrides the warning signal on the control panel. If the problem is not identified the complainant must co-ordinate a full evacuation situation. The complainant keeps records of every indicator that comes up on the alarm panel in a fire register which is examined by the fire and safety officers from time to time.
The complainant reports to the Building Maintenance Manager and he speaks to him on a daily basis on issues to do with the College, staffing issues and disciplinary issues. In a disciplinary situation the complainant speaks with the offending staff member, if necessary he then speaks with the staff member accompanied by his Union representative. If it is deemed necessary after that the staff member and his Union representative will speak with the Building Maintenance Manager who may or may not be accompanied by the complainant. In relation to Staff Recruitment the complainant along with the Building Maintenance Manager would interview staff who had been unsuccessful at interview with the Housekeeper. In the event of a temporary promotion position the complainant and the Building Maintenance Manager would interview applicants and decide on who to promote.
The complainant speaks with the Goods Inwards Officer everyday. There are new hazardous procedures in place and the complainant checks to make sure that they are working well and that proper records are being kept. It should be noted that this is one of the few places that is HACCP compliant in the building.
The complainant deputises for the Building Maintenance Manager in his absence. If an issue arises on which he needs assistance he contacts a Building Maintenance Manager in another of the Colleges. Where the complainant identifies major works which need to be done he refers them to the Building Maintenance Manager who is responsible for all major decisions on maintenance and on capital projects.
The complainant is responsible for other duties namely:
- the ordering of safety clothing and equipment for staff;
- the retention of the account card with the local shop and the monitoring of its usage to ensure no abuse;
- preparation of requisitions for cleaning equipment and the passing of same to the Building Maintenance Manager for ordering;
- complete control of the CCTV security system in the building and the logging and safe retention of associated tapes;
- meets with the Training Officer every two months to discuss the training needs of staff.

APPENDIX F

Equality Officer's Job Description for the Named Female Comparator
Name: Ms. Elaine O'Connor
Job Title: Housekeeper
Reports to: Faculty Administrator
Number of Staff: 56 General Operatives comprising full-time staff, night staff
and part-time day staff
Organisation: Dublin Institute of Technology
Location: Cathal Brugha Street
Hours of Work: 8.30a.m. - 4.30p.m. (Monday to Friday)
Salary: €27,607 - €33,617

DUTIES:
The named comparator has a staff of 56 General Operatives of which 16-18 are employed as attendants on a daily basis and 10 who work in the Cafeteria. The staff in the Cafeteria report to the Manageress on a daily basis but if one of the attendants is absent the named comparator must provide a replacement. The Manageress does not report to the named comparator. All the General Operatives report to the named comparator when they arrive at work except those assigned to specific tasks on a constant basis.
The named comparator gets a list from Stores of what classes are on for the day. There are twelve kitchens in the respondent organisation, two are restaurant kitchens and the rest are teaching kitchens. The kitchens are in operation during the mornings, afternoons and evenings. In some kitchens there are attendants who work there on a regular basis and in the other kitchens attendants operate on the basis of a float. The named comparator organises attendants for the kitchens. She must organise cover for kitchens where floats operate and also for attendants who are absent on leave. The attendants provide assistance to the teachers who are giving classes in the kitchens. It is the attendant's responsibility to collect food for the kitchen and ensure that all ingredients are present before a class starts. While the class is in progress the attendant assists the teacher in whatever way is required and after the class the attendant cleans the kitchen and the equipment contained therein. All General Operatives can be attendants but some General Operatives are more suited to this task than others. All General Operatives have to be trained in HACCP i.e. the recording of all cleaning systems in place in the organisation. The named comparator must monitor the work performed by the attendants in the kitchens and the attendant in the Larder assisting the technician. She must determine who is best suited to the job of an attendant.
On a weekly basis the named comparator receives a list of the functions taking place in the College. This list tells the name comparator what rooms are booked. She must make sure that her staff know what functions are taking place and that the rooms are set up properly.
When there is a function in the Private Dining Room the named comparator must order flower arrangements and she must choose table linen. In getting the room setup the named comparator must pull General Operative staff from other tasks (generally those charged with cleaning the stairs). When students are preparing for a lunch in the main dining room the named comparator must make sure that the kitchen is cleaned in the morning rather than at lunch time which is the normal cleaning time. The students would come to the named comparator regarding the colour scheme and flower arrangement for the tables. During the lunch time period after the morning classes end and before the afternoon classes begin the named comparator checks that the attendants assigned to kitchens are aware of what they are required to do. During the course of the working day the named comparator would need to regularly monitor the two male General Operatives who operate the floor washer and dryer.
The named comparator undertakes a tour of the building when she has assigned tasks to all her staff. While undertaking this tour she can encounter problems with which she must deal.
It is her responsibility to ensure that everything is running smoothly and that none of her staff are encountering problems. The named comparator monitors the length of time taken by staff for morning coffee breaks and she ensure that staff return to their work immediately after tea/coffee breaks.
The named comparator is also responsible for the ordering of cleaning supplies. Supplies are ordered frequently as there is limited storage space. The named comparator spends a lot of time chasing up orders. She checks expenditure with the Faculty Administrator to ensure that she does not go over budget as the Faculty Administrator is responsible for the Janitorial Budget. There are certain items that are not purchased on the Janitorial Contract as colour co-ordination operates all over the building hence it is necessary to go back to the suppliers of colour coded products. The purpose of colour coding is to eliminate a possibility of a cloth which was used in a toilet being used in a kitchen. The named comparator deals with 8 - 10 suppliers and she also orders linens and small equipment for kitchens. The named comparator places orders for kitchen equipment after a stocktake in August/September. The ordering of cleaning materials is on-going and takes place every week. Linens are ordered a few times a year. The Goods Inwards Officer asks the named comparator to confirm that all supplies ordered have been received. The named comparator signs off on the order which is then passed to Accounts for payment. She follows up on incomplete orders. There are two restaurants a blue restaurant and a green restaurant and the linens for these restaurants are used frequently. It is the named comparator's responsibility to organise the laundry of these linens and this happens twice weekly on a Tuesday and a Friday. Roller towels and dust mats are laundered once a week. The named comparator also deals with sanitation companies on a weekly basis most of the year but less frequently (2 - 3 weeks) during the summer months.
The night attendants are under the remit of the named comparator and if she is not working overtime she has to leave instructions for night attendants in relation to who works where and also she must ensure that there is full attendance for night cover and similarly for staff on overtime.
The named comparator organises and monitors major clean-ups of all areas in the College during the Christmas, Easter and Summer breaks. As much as possible is done during the Christmas and Easter breaks but a major overhaul is undertaken during the summer break for instance a proper clean-up of the kitchens takes six weeks.
If outside organisations seek access to the kitchens they contact the named comparator who decides on what kitchens can be made available. The Research and Development Unit in Marlborough Street are using the kitchens more frequently and they may agree to pay staff to clean up after them. Outside organisations may also do this.
According to the named comparator the main priority areas are the kitchens. In this regard she must source products that are eco-friendly, maintain a balanced standard in the kitchens, maintain HACCP standards, encourage staff to monitor fridge temperatures and record same and ensure that safety equipment is available for products being used. The named comparator organises the supply of uniforms and safety shoes for staff. She is examining the installation of double lockers for staff with one half used for storing street clothes and the other half for work clothes. Staff are not allowed to frequent the kitchens in their street clothes.
The named comparator is a member of the Hygiene Committee which meets once a month.
She is also on the HACCP team whose purpose is to implement HACCP in the building.
This involves the approving, monitoring and recording of items undertaken by the General Operatives. The Consequential Works Committee consult with the named comparator whenever necessary e.g. she was consulted on the floor type from a hygiene perspective. The named comparator was also involved in the introduction of recycling in the building i.e. separating out cardboard and glass to leave only wet waste. The named comparator deals with fire hazard and Health and Safety issues and she must ensure that fire doors are kept closed.
As part of her day to day activities the named comparator deals with the Faculty Administrator, the Building Maintenance Manager, the Heads of Schools (especially 01 and 02 Schools) and the administration staff. She liaises with the Goods Inwards Officer, the Store Keeper, the Cafeteria Manageress, Personnel on staffing and wage issues and the Porters.
When employing permanent staff the named comparator conducts interviews of potential staff either on her own or accompanied by her assistant. She employs part-time staff as required without holding a formal interview. As there is a high staff turnover the named comparator must recruit regularly throughout the year. According to the named comparator when new staff are recruited they are given an induction on what they have to do in the building. The named comparator assigns new staff to experienced staff for training purposes and she monitors their progress. The named comparator maintains leave records (i.e. annual and sick leave) for all staff. She must ensure that there is cover for the building when staff are absent.
The named comparator also completes pay records on a weekly basis which she then sends to the General Office for processing and these are ultimately sent to the Payroll Section in Head Office. The named comparator handles on-going disciplinary issues. She invokes grievance procedures and she lets staff go who fail to meet the demands of the job either through absenteeism or poor performance.
To obtain her position in the organisation the named comparator required as a minimum a Diploma in Hotel and Catering Management or a Certificate with relevant experience.

APPENDIX G

Analysis of the Jobs of the Complainants and the
Named Female Comparator
Mr. O'Brien (Complainant) v Ms. O'Connor (Comparator)

Skills:
The complainant must know how to check the power, water and pumps when checking why a boiler is not working. He must know how to operate the controls on the fire alarm and the CCTV security system. He must have the ability to co-ordinate evacuations in the event of a fire. The complainant must have good communication skills in dealing with staff, students and visitors and in participating on interview boards. He must have the ability to deputise for his manager when he is absent on leave.
The named comparator must be able to determine the suitability or otherwise of staff for the job of attendant. She must be able to conduct interviews and select suitable candidates as General Operatives. The named comparator must be highly organised to guarantee the smooth running of the twelve kitchens on a daily basis.
She comes into contact with many people e.g. her staff, students, Faculty Administrator, Heads of School, Personnel, etc. and hence she must have good communication abilities. The named comparator must be able to assist students in their colour schemes for lunches they prepare.
I find that the skills required of the named female comparator are higher than those required of the complainant.

Physical Requirements:
The complainant undertakes tours of the building and he must visit and undertake tours of buildings in other locations under his remit.
The named comparator undertakes tours of the building.
I am satisfied that the demands made on the complainant are greater than those made on the named female comparator in terms of physical requirements.

Mental Requirements:
The complainant must monitor staff perfor mance and the quality of their work. He must monitor the buildings for problems e.g. faulty lighting, leaks, air-conditioning system functioning, etc. The complainant monitors people passing through reception into the College area.
The named comparator must monitor staff performance. She must also monitor the work being undertaken by members of staff assigned to kitchens and other areas in the College to ensure that the required standards are being met. The named comparator monitors the length of time taken by staff members for tea/coffee breaks and she ensures that staff do not unduly delay over tea/coffee but return to work promptly. There is an onus on the named comparator to chase up orders and ensure delivery. Major clean-ups at vacation times are organised and monitored by the named comparator.
I find that the demands made on the named female comparator are higher than those made on the complainant in terms of mental requirements.

Responsibility:
The complainant holds a set of keys for the building and is a key-holder in the event of a security alert. He opens up the College on arrival at work. It is the complainant's responsibility to ensure that the boilers are working and if he is unable to fix them himself he must contact a contractor. The complainant has complete control of the CCTV security system and he logs tapes and stores them safely. It is the complainant's responsibility to provide information for student handbooks which are given to new students and to give them on short talks on safety in the College e.g. fire exits, etc. In this regard the complainant is responsible for checking the fire alarm when it goes off. He must co-ordinate an evacuation if satisfied that it is not a false alarm. It is the complainant's responsibility to order safety clothing and equipment for his staff and to prepare requisitions for cleaning equipment. The complainant must organise the setting up of rooms with appropriate equipment e.g. overhead projectors, flip charts, etc. He is also charged with holding the account card for the local shop and monitoring its usage.
When special events occur the complainant is respo nsible for having extra staff on duty for security purposes and for contacting the local Gardai. The complainant has staff responsibilities (including discipline and training) and he must organise staff cover when a staff member is absent. The complainant is responsible for completing attendance and overtime sheets. In terms of staff recruitment the complainant, along with his supervisor, interviews potential applicants and they both interview staff members for temporary promotion positions. The complainant deputises for his supervisor to a limited extent.
The named comparator is responsible for a large staff of General Operatives. She must organise staff to perform various tasks within the College. It is her responsibility that kitchens function smoothly throughout the course of the day.
When functions are taking place the named comparator is responsible for ensuring that the relevant rooms are set up properly, the correct linen is available and the flower arrangements are ordered. It is the named comparator's responsibility to order cleaning supplies, colour coded products, linens, flower arrangements and small equipment for kitchens. Before placing orders the named comparator must regularly check on expenditure to ensure that she has not gone over budget. The named comparator organises the laundry of linens, roller towels and dust mats and she deals with sanitation companies regularly. She is also responsible for organising major clean ups of all areas in the College during Christmas, Easter and Summer breaks. The named comparator has responsibility for the kitchens in terms of hiring them out to outside organisations and in certain cases agreeing payment for staff who clean up after the kitchens have been used by them. It is the complainant's responsibility to maintain HACCP standards in the kitchens and to ensure that all her staff have been trained in HACCP. The named comparator is also responsible for organising the supply of safety clothing and shoes to staff members as staff are not allowed to frequent the kitchen in their street clothes. It is the named comparator's responsibility to interview potential staff to work as General Operatives. In this regard she conducts interviews either on her own or aided by her assistant. It is the named comparator's decision as to who is to be employed. The named comparator handles ongoing disciplinary issues and if she deems it appropriate she lets staff go. It is the named comparator's responsibility to organise the training of staff and she must organise cover when a staff member is absent. I find that the demands made on the named female comparator, in terms of responsibility, are higher than those made on the complainant.

Working Conditions:
The complainant must go from one site to another regularly each week. Hence he is exposed to all types of weather conditions in going to and forth.
The named comparator works in an indoor environment.
I am satisfied that the demands made on the complainant are greater than those made on the named female comparator in terms of working conditions.