The High Court dismissed an appeal by Olumide Smith against a Labour Court decision that his former employer, Cisco Systems Internetworking (Ireland) Limited, had not discriminated against him on grounds of race in relation to his pay, promotion or dismissal.
Mr Justice Meenan delivered the judgment on 13 November 2020. The appeal, brought under section 90 of the Employment Equality Acts, was limited to points of law. The judge said it was not a rehearing of the facts and that the court could interfere with findings of fact only in limited circumstances.
Mr Smith had worked at the company’s Galway office from January 2008 until his dismissal on 5 July 2013. He alleged race discrimination and victimisation in matters including remuneration and promotion, and said his dismissal was discriminatory. The Adjudication Officer rejected the claims, finding that some complaints were out of time and that the others were not established. The Labour Court affirmed that decision on 26 April 2018.
The Labour Court treated 29 May to 28 November 2013 as the relevant six-month period. It declined to extend the time limit to 12 months, concluding that Mr Smith did not need extensive documentation to make a complaint. It also considered whether earlier alleged incidents could form part of a continuing course of discrimination, but first required an act of discrimination within the relevant period.
The High Court found that Mr Smith had identified no error of law in the Labour Court’s approach to the time limit or its consideration of the alleged continuing course of conduct. It also found no basis to disturb the Labour Court’s assessment of the dismissal, victimisation, promotion and pay complaints.
The Labour Court had concluded that Mr Smith offered assertion rather than evidence connecting his race to the dismissal or alleged process failings. On equal pay, it found the three comparators he identified were paid less than him. The High Court said Mr Smith had put forward no facts showing those conclusions were irrational or unreasonable.
The judge also rejected Mr Smith’s request to refer a question to the Court of Justice of the European Union. The court made no consequential order in the judgment; the parties were given 14 days to make written submissions on those orders.