Summary of Equality Officer's Decision No DEC-E2007-038
Kane
(Represented by Impact)
v
Sligo Leitrim Home Youth Liaison Services Ltd
(Represented by Hegarty & Armstrong, Solicitors)
Headnotes
Employment Equality Acts 1998 to 2007: section 2; section 18; section 19; section 75; section 77 - Pensions Acts 1990 - 2004 - Social welfare (Miscellaneous Provisions) Act 2004 - employment - discrimination - gender - remuneration - access to promotion - conditions of employment - classification of posts - like work - equal pay - grounds other than... - extra remuneration - additional duties - promotion - time limits - pension contribution.
Background
This dispute concerned a claim by Ms Patricia Kane, employed as a Home Youth Liaison Officer by Sligo Leitrim Home Youth Liaison Service, that she was entitled to the same rate of remuneration as that paid to a male colleague, in accordance with the provisions of section 19 (1) of the Employment Equality Act 1998. She also claimed to have been discriminated against in relation to access to promotion, conditions of employment and classification of posts. The respondent denied that the complainant and the comparator carried out like work, but also claimed that there were grounds other than gender for the different rates of remuneration. The respondent also submitted that the complainant was out of time.
Conclusions
The Equality Officer said that the complaint was not out of time, in accordance with section 77 of the Acts. She noted that the allowance in respect of extra duties paid to the comparator pre-dated the employment of the complainant, and she was satisfied that the gender had no bearing on the decision to make the payment. She was further satisfied that it was the fact that the comparator was already carrying out these distinct duties that influenced the decision of the management committee to alter his role, and that gender had no bearing on the fact.
Decision
The Equality Officer found that there were grounds other than gender for the difference in pay between the complainant and the named comparator, in terms of section 19 of the Employment Equality Acts 1998 to 2007.
Cases cited
Labour Court
Department of Health and Children and John Gillen (Determination No 0412)
Equality Officer
Treanor and others and Donegal Democrat (DEC-E2003-049)
UK cases
Hendricks v Commissioner for the Metropolis ([2003] IRLR 96)
Calder v Finaly Corporation (ICR [1989] 157)