Case Number: DEC-E2012-049- Full Case Report. Equality Tribunal

• Docket Number: DEC-E2012-049- Full Case Report
• Date: 01 April 2012
• Court: Equality Tribunal

The Equality Tribunal

EMPLOYMENT EQUALITY ACTS

DECISION NO. DEC-E2012-049

PARTIES

Vitalijs Klagliss
(Represented by Richard Grogan & Associates)

AND

Swords Packaging and Logistics Limited
(Represented by Rosemary Mallon B.L., instructed by Arthur Cox)

File reference: EE/2009/806
Date of issue: 26 April 2012

Headnotes: Employment Equality Acts - sections 6 and 19 - conditions of employment - equal pay - race - prima facie

1. DISPUTE

1.1 This dispute involves a claim by Mr Vitalijs Klagliss that he was discriminated against in relation to conditions of employment contrary to section 8 of the Employment Equality Acts by Swords Packaging and Logistics Limited on the grounds of race contrary to section 6 of the Employment Equality Acts and that he performs "like work", in terms of section 7 of the Employment Equality Acts with eight named comparators and is entitled to equal remuneration in accordance with section 29 of the Acts.

1.2 The complainant referred his claim under the Employment Equality Acts to the Equality Tribunal on 5 November 2009. On 9 January 2012 in accordance with his powers under the Acts the Director delegated the complaint to the undersigned, Hugh Lonsdale, Equality Officer, for investigation and decision and for the exercise of other relevant functions under Part VII of the Acts, on which date my investigation commenced. In accordance with Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on 28 March 2012.

2. SUMMARY OF THE COMPLAINANT'S CASE

2.1 The complainant started working for the respondent on 9 June 2005 and he works as General Operative. The complainant submits he was paid €9.19/hour and eight named Irish comparators were paid more than he was. Also, the Irish comparators were paid overtime rates for working on Saturdays and double time when they worked on Sundays, whilst he was paid normal rates for working on Saturdays and lower overtime rates for Sunday working.

2.2 The complainant submits that Irish workers were paid a bonus in 2008 but he and other non-Irish workers were not.

2.3 The complainant submits he was told that he was not entitled to annual leave because he had been off sick.

3. SUMMARY OF THE RESPONDENT'S CASE

3.1 The respondent states that all the comparators apart from Mr A started work between 1995 and 1997 for T.J.F. Limited and in April 2001 they, and the work of T.J.F. Limited, were transferred to Roster Packaging Ltd. Mr A started work for Roster Packaging in 2003 and the complainant in 2005. In January 2006 the work and employees of Roster Packaging Ltd transferred to the respondent under a transfer of undertaking. When T.J.F. Limited transferred to Roster Packaging the employees took their pay rates and conditions of employment with them. This meant that the T.J.F. employees, including the first seven comparators were paid particular pay rates, overtime rates and premium payments for working on Saturdays and Sundays....