Slaney Foods International Unlimited Company (Represented by Alastair Purdy & Company Solicitors) v Mr Daniel Burcacki (Represented by Hoban Boino, Solicitors)

JurisdictionIreland
CourtLabour Court (Ireland)
Judgment Date14 Jan 2020
Judgment citation (vLex)[2020] 1 JIEC 1412
Docket NumberFULL RECOMMENDATION DETERMINATION NO.EDA203 ADJ-00017748 CA-00022936-001

Labour Court

FULL RECOMMENDATION

ADE/19/55

DETERMINATION NO.EDA203

ADJ-00017748 CA-00022936-001

PARTIES:
Slaney Foods International Unlimited Company (Represented by Alastair Purdy & Co. Solicitors)
and
Mr Daniel Burcacki (Represented by Hoban Boino, Solicitors)
DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Ms Treacy

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision No. ADJ-00017748.

BACKGROUND:
2

2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on 15 July 2019. A Labour Court hearing took place on 19 December 2019. The following is the Court's Determination:

DETERMINATION:
Introduction
3

This is an appeal by Daniel Burdacki (the Complainant) against the Adjudication Officer's Decision ADJ-00017748 in his complaint of discrimination on the ground of race by Slaney Foods International Unlimited Company (the Respondent). The complaint was made pursuant to the Employment Equality Acts 1998–2015 (the Acts). The Complainant submitted his claim on the 30th October 2018, claiming that his employer failed to provide him with equal pay. The Adjudication Officer found that the complaint was not well-founded.

Background
4

The Complainant is employed with the Respondent since 23rd September 2002 and at all times worked as a Trimmer. It is his case that there are two rates of pay in operation an “Irish Trimmers rate” and a “Trimmers rate” and that the “Irish Trimmers” rate is a higher rate. The Respondent disputes that there are two rates.

Summary of Complainant's case
5

From the commencement of the Complainant's employment with the Respondent he was paid a B Trimmers hourly rate of €7.73, an attendance bonus of €8.83 and a B rate Bonus of 100%. He then discovered that Irish Trimmers were on a different hourly rate of €8.47 an attendance Bonus of €8.83 and an A rate Bonus of 150%. The Complainant identified four named Comparators who were Irish and who were receiving the higher rate of pay. It was his submission that he and his nominated Comparators were doing “like work” within the meaning of the Act.

Respondent's position
6

The Respondent denied that the Complainant was subjected to discrimination, either directly or indirectly. It is accepted that the Complainant and the nominated Comparator were doing “like work”. However, the Comparators were on a red circled rate. There are Irish Trimmers on the same rate as...

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