Case Number: DEC-E2016-024. Workplace Relations Commission

CourtWorkplace Relations Commission
Judgment Date01 February 2016
Docket NumberDEC-E2016-024
PartiesMarcin Nowakowski -v- Clonlara Wholesalers
EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-024 PARTIES Marcin Nowakowski (Represented by SIPTU) AND Clonlara Wholesalers (Represented by Peninsula) File reference: EE/2014/049 Date of issue: 22nd February 2016 1. Background to Claim

1.1 This dispute concerns a claim by Marcin Nowakowski, (hereinafter the “Complainant”) that he was constructively dismissed from his employment at Clonlara Wholesaler Distributors Ltd. (hereinafter the “Respondent”) on the grounds of his Race contrary to the Employment Equality Act, 1998 to 2011 (hereinafter the “Act”).

1.2 The Complainants referred his claim to the Director of the Equality Tribunal on 3rd October 2014 under the Acts. On 6 October 2015 and in accordance with his powers under section 75 of the Acts, the Director General of the Workplace Relations Commission delegated the case to me, Caroline McEnery, an Adjudicator, for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under Part VII of the Acts, on which date my investigation commenced. Submissions were received from both sides. In accordance with Section 79 (1) of the Acts and as part of my investigation I held a hearing for 9th December 2015 for this case. The Complainant and the Respondent attended the hearing along with their representatives.

1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on the 1st October 2015, as an Adjudication Officer who was an Equality Officer prior to the 1st October 2015, in accordance with Section 83 (3) of the Workplace Relations Act 2015.

2. Summary of the Complainant’s Case

2.1 The Complainant was hired by the company in August 2005. The Complainant states he as constructively dismissed on the 9th April 2014 due to his race.

2.2 The Complainant received one pay increase and was on a rate of €11 per hour when his employment ceased. In October 2013 his overtime was reduced by the Company. The Complainant was in receipt of approximately €350 net [€440 gross] per week. He discovered that a colleague, who did the same job, was in receipt of €500 gross. The Complainant requested a pay rise on a number of occasions but never received one in the last six years of his eight year employment.

2.3 The Complainant stated he was expected to do more than his comparable employees and received less help from the Company.

2.4 The Complainant stated that he submitted a grievance in writing to his employer in February 2014 regarding his rate of pay. The Complainant received a response in April 2014 from the respondent regarding arranging a meeting to discuss this issue. The Complainant’s Union Representative replied to accept the invitation to a meeting and requesting that the complainant’s Union Representative be...

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