FULL RECOMMENDATION
SECTION 83, EMPLOYMENT EQUALITY ACT, 1998 PARTIES : BANK OF IRELAND (REPRESENTED BY ARTHUR COX SOLICITORS) - AND - COLM BLANEY (REPRESENTED BY HAMILTON TURNER SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal under Section 83 of the Employment Equality Act, 1998 Dec-E2003-040.
BACKGROUND:
2. The Labour Court investigated the above matter on the 14th May, 2004. The Court's determination is as follows:
DETERMINATION:
By agreement between the parties the only issue which the Court is required to determine at this stage is whether the decision of the High Court inBank of Ireland v Kavanagh [1986] 6 JISLL 192is a binding precedent which the Court must follow in this case.
It is agreed that the material facts of the case are the same as those considered by Costello J (as he then was) inKavanagh.In that case the Court held that the difference in remuneration as between the claimant and his comparator was on grounds other than sex and did not contravene Section 2(3) of the Anti-Discrimination (Pay) Act 1974 or the relevant provisions of European law. Whilst the Anti-Discrimination (Pay) Act 1974 has been repealed in its entirety and replaced by the Employment Equality Act 1998 the substantive law applicable has not changed in any meaningful respect.
Even if this Court were to disagree or strongly disagree with the decision inKavanagh,it remains a decision of the High Court which has not been overruled and which cannot be distinguished on its facts from the instant case. Accordingly the doctrine ofstare decisisrequires this Court to apply theratio decidendiofBank of Ireland v Kavanaghand to hold that the payment of a marriage gratuity to a female bank official in the same material circumstances as the complainant herein is on grounds other than sex.
Accordingly the Court upholds the decision of the Equality Officer and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
20th May, 2004______________________
JO'CChairman
NOTE
Enquiries concerning this Determination should be addressed to Jo O'Connor, Court Secretary.