Antoni Kapusta, Slawomir Rutkowski & Przemyslaw Smolarek v Edward McDonald [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Pay
Issues covered: Employment Equality Acts; Sections 6 and 19; Conditions of employment; Discriminatory dismissal; Equal pay; Race

This is a case of three Polish workers claiming equal pay (on grounds of race), equal treatment in conditions of employment and discriminatory dismissals against a respondent whose representative withdrew from the case and who failed to attend the Tribunal’s hearing.

The claimants contended that they were paid half as much as two Irish comparators. However there were (minor) inconsistencies in their accounts of the sums paid to the comparators and some indications of supervisory functions on the part of the comparators. Hence their equal pay claims failed.
On equal treatment in working conditions, the Tribunal concluded that there was not enough evidence of inferior working conditions to

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This article is correct at 20/07/2012

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