ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008945
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
An Employee |
A Training Centre |
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Representatives |
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Niamh Ní Cheallaigh IBEC |
Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 |
CA-00011838-001 |
12/06/2017 |
Date of Adjudication Hearing: 09/01/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, 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).
Background:
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The complainant is alleging that he is being discriminated against by the respondent on grounds of civil status and is claiming that he has not received equal pay to that of his named comparator. |
Summary of Complainant’s Case:
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The complainant submits that he is employed as an electrical instructor with the respondent for the past 16 years but one of his colleagues is being paid a higher rate of pay than him although they do the same work. He claims that the discrimination is on the grounds of his civil status. |
Summary of Respondent’s Case:
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The respondent contends that the complainant has failed to establish a prima facie case of discrimination. It states that while the complainant has named a comparator in relation to whom he believes that he has been treated less favourably, he has failed to provide any supporting or corroborative evidence to demonstrate that any difference in pay levels are related to his civil status. The respondent highlights that in the instant case, both the complainant and the named comparator are married therefore their civil status is the same and cannot be relied upon by the complainant to ground a case for discrimination. |
Findings and Conclusions:
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Having adduced the evidence in the instant case, I find that I have no jurisdiction to investigate the complaint as it is outside the scope of the Employment Equality Acts. Therefore, the complainant’s case fails. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant section of the Act.
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The complainant’s case fails as it is outside the scope of the Employment Equality Acts. |
Dated: 15th May 2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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