Case Number: DEC-E2016-052. Workplace Relations Commission

CourtWorkplace Relations Commission
Judgment Date01 March 2016
Docket NumberDEC-E2016-052
PartiesNoel Cantwell -v- G4S Secure Solutions (IRE) Limited
EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-052 PARTIES Noel Cantwell -AND- G4S Secure Solutions (IRE) Limited File Reference: EE/2013/527 Date of Issue: 31st March 2016 1. DISPUTE

1.1 This dispute concerns a claim by the Complainant that he was discriminated against by the Respondent on the grounds of age contrary to Section 6(2)(f) of the Employment Equality Acts (hereinafter also referred to as ‘the Acts’) in that he performs ‘like work’ in terms of Section 7 of the Acts with a named comparator and is therefore entitled to equal remuneration in accordance with Section 29 of the Acts.

1.2 The Complainant referred a complaint under the Acts to the Director of the Equality Tribunal on 9th October 2013. On 2nd September 2015, in accordance with his powers under Section 75 of the Acts, the Director delegated the case to me, Aideen Collard, an Adjudication / Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts, on which date my investigation commenced. Submissions had been sought and received from the Parties. As required by Section 79(1) of the Acts and as part of my investigation, I proceeded to hearing on 2nd October 2015. Both Parties represented themselves with witnesses from Management and HR attending on behalf of the Respondent. Additional documentation and submissions from both Parties clarifying the contractual position of the Complainant and his Comparator were received subsequent to the hearing and all oral evidence presented and submissions and documentation submitted before, during and after the hearing have been taken into consideration. I also indicated that I would be relying upon the key statutory provisions and relevant case law in my consideration of this matter.

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

2. PRELIMINARY OBJECTION

2.1 The Respondent raised a preliminary objection to the complaint herein on the basis that the Complainant has not identified an appropriate comparator as being required to found an equal pay claim.

2.2 There was no dispute between the Parties that the Complainant was employed on a casual part-time basis as a Stewarding Supervisor by the Respondent at events held at Thomond Park...

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