ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003535

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

Date of Adjudication Hearing: 26/09/2016

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The Complainant commenced work with the Respondent in April 2000. In March 2009 she was made redundant. However, in September 2009 she returned to work with the Respondent as a contractor, who was employed through an employment agency.

The Complainant stated that when she resumed work in September 2009 her pay was 20% less than that of permanent workers employed by the Respondent. The Complainant stated that despite raising the situation, on a number of occasions, with the Respondent, the matter was not addressed.

The Complainant stated that she was made redundant in 2014, with the redundancy payment coming from the employment agency.

Following a successful outcome to a case taken by a number of her co-contractors in the civil courts, the Complainant decided to submit a complaint for equal pay under the Employment Equality Act, 1998.

Respondent’s Submission and Presentation:

The Respondent made a number of objections to the overall complaint. However, the main point of the Respondents response to the complaint is that the Complainant claims she did not receive "equal pay" because of her "civil status".

The Respondent is contending that this means that because of her family, marital or civil status the Complainant claims she was discriminated against by the Respondent. It is further contended that the Complainant cannot maintain such a case based on this ground as it is absurd and she has not been able to mount or approve such a case.

The Respondent states that, in reality, the Complainant is trying to claim as an agency worker under the Protection of Employees (Temporary Agency Work) Act, 2012. However, the Respondent contends that the Complainant has not brought her claim under this legislation.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

Legislation involved and requirements of legislation:

The Employment Equality Act, 1998.

Decision:

Having carefully considered all of the evidence adduced, I am satisfied that the Complainant's taking of a complaint under the Employment Equality Act, 1998, on the basis of discrimination on the grounds of Civil Status, is misconceived.

Consequently, the Complainant's claim is rejected.

Dated:   3 January 2017