C. & D. Food Ltd v Cunnion

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 01 January 1997
• Neutral Citation: 1996 WJSC-HC 2823
• Docket Number: No. 476 Sp./1995,[1995 No. 476 Sp]
• Court: High Court
• Date: 01 January 1997

1996 WJSC-HC 2823

THE HIGH COURT

No. 476 Sp./1995

C & D FOODS LTD v. CUNNION

BETWEEN

C & D FOOD LIMITED

APPLICANT

AND

DYMPNA CUNNION AND OTHERS

DEFENDANTS

Citations:

ANTI-DISCRIMINATION (PAY) ACT 1974

JOHNSON & JOHNSON (IRL) LTD V KERSHAW

HARTE & ORS V LABOUR COURT & NORTH WESTERN HEALTH BOARD 1996 2 ILRM 450

BANK OF IRELAND V KAVANAGH 1987 ILRM 192

PICKSTONE V FREEMANS PLC 1988 ICR 697

Synopsis:

EMPLOYMENT

Discrimination

Remuneration - Women - Equality - Statute - Requirement - Issue between parties determined by Labour Court - Appeal to High Court on point of law - No grounds to warrant interference with decision of tribunal appointed by legislature - Part-time like work - Anti-Discrimination (Pay) Act, 1974 (No. 15), ss. 2, 3, 8 - (1995/476 Sp - Barron J. - 30/7/96) [1997] 1 IR 147

|C. & D. Foods Ltd. v. Cunnion|

TRIBUNAL

Function

Facts - Ascertainment - Appeal - Scope - Restriction - Point of law - Employment - Discrimination - Remuneration - Women - Equality - Statute - Requirement - Issue between parties determined by Labour Court - Appeal to High Court on point of law - No grounds to warrant interference with decision of tribunal appointed by legislature - Part-time like work - (1995/476 Sp - Barron J. - 30/7/96) [1997] 1 IR 147

|C. & D. Foods Ltd. v. Cunnion|

1 JUDGMENT of Mr. Justice Barrondelivered the 30th day of July, 1996.

2 The Plaintiff brings these proceedings by way of appeal from a determination of the Labour Court made on the 13th February, 1995. The Plaintiff is a pet food manufacturer employing both men and woman at various occupations in its factory. There is a wage structure involving several grades. Those grades material to this appeal are Grade A and Grade B. Each grade encompasses a range of employments. Those in Grade A are paid more highly than those in Grade B. All employees, men and women, in the same grade are paid the same wage.

3 There are three separate areas of employment within the factory, only two of which are relevant to these proceedings. These are:-

4 (a) the cannery, and

5 (b) the area known as soft can.

6 In the year 1991, several female employees in Grade B employments claimed that they were being discriminated against on the grounds of sex upon the basis that there were male employees engaged in occupations covered by Grade A which were of no greater value to the Plaintiff than the employments of the claimants. The Plaintiff did not accept such claims and in October 1991 this dispute was referred to an Equality Officer under the provisions of the Anti-Discrimination (Pay) Act, 1974.Having heard evidence from both sides, the Equality Officer held that some of the claimants were employed upon work of equal value to the Plaintiff as men employed in certain occupations included in Grade A. At the same time the Equality Officer held against others of the claimants on the grounds that their work in Grade B was not of equal value to the Plaintiff of work being done by men in Grade A. This determination was made on the 23rd December, 1992.

7 Both the Plaintiff and the Union who acted on behalf of the claimants appealed against this determination. After investigation of the facts the Labour Court determined on the 13th February, 1995 to uphold the decision of the Equality Officer and accordingly dismissed both the appeal of the Plaintiff and the cross-appeal of the Union.

8 The relevant statutory provisions under which the claim was made and defended are as follows:-

9 2 "2 - (1) Subject to this Act, it shall be a term of the contract under which a woman is employed in any place that she shall be entitled to the same rate of remuneration as a man who is employed in that place by the same employer..... if both are employed on likework.

10 (3) Nothing in this Act shall prevent an employer from paying to his employees who are employed on like work in the same place, different rates of remuneration on grounds other than sex.

11 (3) Two persons shall be regarded as employed on like work -

12 (a) Where both perform the same work under the same or similar conditions, or where each is in every respect interchangeable with the other in relation to the work, or

13 (b) Where the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each occur only infrequently or are of small importance in relation to the work as a whole, or

14 (c) Where the work performed by one is equal in value to that performed by the other in terms of the demands it makes in relation to such matters as skill,...