ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004086

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 04/01/2017

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 79 of the Employment Equality Act, 1998, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The claimant has identified a comparator paid at Grade VII salary for undertaking the same responsibilities and duties as she. She is paid at Grade VI salary. The public body has recently nationally advertised the same position at Grade VII salary. The only difference between the complainant and the comparator is that the complainant is single and the comparator is married.

Decision:

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

This case was taken under Section 6(2)(b) of the Employment Equality Acts 1998-2011 which provides that where two persons are of different family status are treated differently this will constitute unlawful treatment. Family status is defined by the Acts as follows:

“family status” means responsibility—

(a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or

(b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis,

The only evidence presented at the hearing related to the civil status of the named comparator and no evidence was adduced in relation to and difference based on family status and therefore the complaint falls.

Decision:

I have investigated the above complainant and make the following decision in accordance with section 79 of the Employment Equality Acts ; that the complainant has failed to establish a prima facie case of discrimination on the family status ground.

Dated:   25^th April 2017