Case Number: DEC-E2016-042. Workplace Relations Commission

• Judgment Date: 01 March 2016
• Court: Workplace Relations Commission
• Docket Number: DEC-E2016-042
• Parties: Gavin Greene -V- Department of Education and Skills, Department of Finance, Department of Public Expenditure & Reform, Government of Ireland, Ireland, Attorney General

EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-042 PARTIES Gavin Greene (Represented by Peter Ward S.C. and Eilis Barry B.L., instructed by Hayes Solicitors) AND Department of Education and Skills, Department of Finance, Department of Public Expenditure & Reform, Government of Ireland, Ireland, Attorney General (Represented by Brian Kennedy S.C. and Nap Keeling B.L., instructed by Chief State Solicitor’s Office) File references: EE/2012/007, 076, 080, 163, 168 & 404 Date of issue: 4 March 2016

HEADNOTES: Employment Equality Acts – Failure to Attend - Unreasonable.

1. DISPUTE

1.1 This dispute concerns claims by Gavin Greene that he was discriminated against by the Department of Education and Skills, the Department of Finance, the Department of Public Expenditure & Reform, the Government of Ireland, Ireland and the Attorney General on the grounds of age contrary to section 6 (2) (f) of the Employment Equality Acts in relation to conditions of employment and that that he performs “like work”, in terms of section 7 of the Employment Equality Acts with a named comparator and is entitled to equal remuneration in accordance with section 29 of the Acts.

1.2 The complainant referred claims against the six respondents to the Director of the Equality Tribunal on 31 January 2012 and 27 July 2012 under the Employment Equality Acts. Three other complainants referred similar claims at the same time. On 3 July 2014, in accordance with his powers under section 75 of the Acts, the Director delegated the cases to me, Hugh Lonsdale, an 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 were received from both sides. In accordance with Section 79 (1) of the Acts and as part of my investigation I proceeded to a hearing in relation to all four complainants on 26 November 2014. The complainant did not attend the hearing.

1.3 This decision is issued by me following the establishment of the Workplace Relations Commission on 1...