Complainant

Respondent

Parties

Joanne  Carragher

Magheracloone Group Water Scheme

Representatives

  Self-Represented

 Damien McEntee

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004

CA-00055624-002

21/03/2023

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and two witnesses for the respondent undertook to give their evidence under affirmation.  The parties were offered the opportunity to cross examine the witnesses.

The complainant submitted that she has been discriminated against by way of an occupational pension in that she was not allowed to join a scheme and was treated less favourably than a male colleague.

The complainant stated that she couldn’t join the pension scheme for the construction industry in September 2020 and sought other options, but nothing happened.  The complainant stated that her employer was paying full contributions for a male colleague.

The respondent submitted that the complainant was tasked with obtaining information regarding the pension scheme for the construction industry in September 2020.  Although she sought the information, she did not proceed with the matter.

The issue of the time frame comprehended by the Act arose during the hearing.  Section 81E(5) of the Pensions Act, 1990 (as amended) relates to the timeframe and states as follows:

Subject to subsection (6), a claim for redress in respect of a breach of the principle of equal pension treatment or victimisation may not be referred under this section after the end of the period of 6 months from the date of termination of the relevant employment.

As the complainant is still employed by the respondent, the complaint was lodged within the appropriate time frame.

The complainant gave evidence that she was asked to seek information regarding the pension scheme for the construction industry. One of her colleagues was already a member of that pension scheme from a previous employment and it was felt that if they were all part of the same pension scheme it would be easier. She confirmed that she contacted the relevant authorities who provided her with a link to pursue registration for the pension. She stated that when she tried to initiate a registration, she had difficulties and was told that as the company was not within the construction industry, it was not possible for their employees to register with the scheme. She stated that she contacted her line manager to request further options, but nothing further occurred.  In his evidence her line manager did not recall the complainant reverting to him.

The complainant confirmed that neither herself nor a male colleague were able to join that pension scheme as it was not open to employees of water schemes to do so.  The complainant indicated that another colleague of hers had started out as a contributor to the construction industry pension scheme due to his previous employment and that their employers continued to provide payments to the scheme on his behalf.

Section 78 of the Act states that

“Where in any proceedings facts are established by or on behalf of a complainant from which it may be reasonably inferred that there has been a breach of the principle of equal pension treatment in relation to him, it is for the respondent to prove the contrary”

On the basis of the evidence provided to me it appears that no employees of the respondent were entitled to join the construction industry scheme, irrespective of gender. The person who was a member of that scheme had established his entitlement due to a previous employment.  On the basis of the foregoing, I am not satisfied that the complainant has established facts from which it may be reasonably inferred that the respondent has breached the principle of equal pension treatment.

Accordingly, I find that the principle of equal pension treatment has not been breached.

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the principle of equal pensions treatment has not been breached and that the complainant was not discriminated against.

Pensions Act – principle of equal pensions treatment – no breach established on gender ground