Case Number: ADJ-00026756. Workplace Relations Commission

Court:Workplace Relations Commission
Docket Number:ADJ-00026756
Procedure:

In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,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.

Background:

The complainant was employed by the respondent since July 2014 as a Grade 4 employee. A number of months after his employment he was given an internal promotion to a Grade 5 position. It was common case that his monthly salary was less than his three named comparators and that they undertake ‘like work’.

Summary of Complainant’s Case:

The complainant submitted that he was paid less than three named comparators and that this was based on his gender. He submitted the names of three named comparators A, B & C who were employed doing like work. He submitted that although the named comparators were employed two and a half years earlier than him, the annual increases increased the gap between the employees rather than narrowed it.

The complainant also submitted that in recent months two unnamed Grade 4’s were promoted to Grade 5 and were now being paid more than him.

Summary of Respondent’s Case:

The respondent submitted that the complainant was a good worker and had no problem with his work. The respondent submitted that the difference in pay was not based on gender but rather there were three elements that accounted for the difference in pay unrelated to gender. The respondent operates a pay scale for all grades ranging from 80% to 120% of the salary applicable to that grade.

The first element relates to the circumstances of the comparators recruitment in that they were recruited directly into the Grade 5 roles at the start of the company’s presence in Ireland and were hired at these rates on the basis of their experience in order to attract experienced staff into these positions.

The second element relates to the circumstances of entry related to the complainant – the complainant was promoted internally into the grade five position after some months in the Grade 4 position (although less than the requisite one year in the grade, as he was the only applicant). The rules governing internal promotion are laid down in the respondent’s policy documents and state that an internal promotee is only entitled to a 10% increase in salary (unless they are earning less than 80 percent of the salary for that grade, when they will be awarded the 80% level). The complainant...

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