FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 83, EMPLOYMENT EQUALITY ACTS, 1998 TO 2008 PARTIES : PETER CULLIVAN - AND - ELMARS RUTKIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal under Section 83 of the Employment Equality Acts, 1998 to 2008.
BACKGROUND:
2. The Worker appealed a Decision of an Equality Officer No. DEC-E2010-066 on the 17th May, 2010, in accordance with Section 83 of the Employment Equality Act 1998 to 2008. A Labour Court hearing took place on the 11th March, 2011. No Representative of the Employer attended the hearing. The following is the Determination of the Court:-
DETERMINATION:
This matter came before the Court by way of an appeal by Mr. Elmars Rutkins (the Complainant) against the Decision of the Equality Tribunal in his complaint of discrimination against Mr. Peter Cullivan (the Respondent) alleging discrimination on the race ground.
The complaint was made under the Employment Equality Acts 1998 –2008 (hereafter the Act). The Complainant is a native of Latvia. He was employed by the Respondent as a bricklayer between 4th November 2006 and 27th January 2007.
The substance of the Complainant’s case is that while employed by the Respondent he was treated less favourably that an Irish worker would have been treated. In advancing his claim the Complainant submitted that an Irish worker was paid €100 to €120 per day whereas he was paid €80 per day.
The Respondent did not attend nor was it represented at the hearing.
The Equality Officer found that complaints in relation to discrimination arising from differences in pay should be addressed in accordance with the Sections that explicitly refer to the matter - in this case Sections 7 and 29. She held that for the purposes of the Acts the term conditions of employment referred to in Section 8 does not include pay or remuneration and accordingly found that the Complainant has failed to establish aprima faciecase of discrimination based on the race ground based on his nationality in relation to his conditions of employment.
No new information and no legal authorities were opened to the Court at the hearing of the appeal to argue against the findings of the Equality Officer. Therefore, the Court has no basis on which to overturn the Decision of the Equality Officer.
The Court rejects the Complainant’s appeal and upholds the Equality Officer’s Decision.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th March, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to John Foley, Court Secretary.