Rapier Contract Services Ltd (Represented by Ms Claire Bruton B.L. Instructed by Hayes Solicitors) v Adina Predut

JurisdictionIreland
CourtLabour Court (Ireland)
Judgment Date16 January 2018
Judgment citation (vLex)[2018] 1 JIEC 1601
Docket NumberDETERMINATION NO.EDA187,FULL RECOMMENDATION,ADJ-00000846 CA-00001209-001
Date16 January 2018

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/17

DETERMINATION NO.EDA187

ADJ-00000846 CA-00001209-001

PARTIES:
Rapier Contract Services Limited (Represented by Ms Claire Bruton B.L. Instructed by Hayes Solicitors)
and
Adina Predut
DIVISION:

Chairman: Mr Hayes

Employer Member: Ms Connolly

Worker Member: Mr Hall

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

SUBJECT:
1

1. Appeal of Adjudication Officer Decision No. ADJ-00000846.

BACKGROUND:
2

2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 10 November 2017. The following is the Determination of the Court:

DETERMINATION:
• Employment Equality Acts 1998 – 2015
3

The Complainant appealed against the decision of the Adjudication Officer reference No. ET-157897-EE-15 and CA-00001209-001 issued on 25 January 2017. The appeal was filed with the Labour Court on 15 February 2017. The case came on for hearing before the Court on 10 November 2017.

4

The Complaint
5

The Complainant submits that she was discriminated against by the Respondent on the grounds of race.

6

The Complainant, in her written submissions to the Court particularises her complaint in the following terms

“The main discrimination made was regarding the roster and the employee that was favoured the most was Sean Kirby. The job was a 24/7 hours job and all the staff should have been working after a fair roster but this was not possible because Sean Kirby was working Monday – Friday from 7.00 am to 3. 00 pm and the rest of the staff had to cover afternoon and night shifts during the week and mornings/afternoon/night shifts in the weekends. Sean Kirby also had the legal days off and he was never asked to cover shifts/hours in his days off and his days off were always linked.”

7

Contrasting her work schedule with that of Mr Kirby she states she

“used to work all shifts, usually afternoon shifts from 3.00 am to 11.00 pm. I had night shifts as well from 11.00 pm to 7.00 am (night shifts were not paid more) and I had morning shifts in the weekends sometimes during the week when Sean Kirby was off.”

8

The Complainant also made general references to unequal levels of pay between unnamed and unidentified employees and to differences in treatment by the Respondent of staff members in relation to charges for uniforms.

Burden of Proof
9

Section 85A of the Act states

85A.—(1) Where in any proceedings facts are established by or on behalf of a complainant from which it may be presumed that there has been discrimination in relation to him or her, it is for the respondent to prove the contrary .

Issues of the Court to Decide
10...

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