The Workplace Relations Commission awarded Tom Mulhall €8,000 after finding that Seafield Hotel & Spa discriminated against him on grounds of age in his pay. The decision, dated 28 June 2023, also dismissed his unfair-dismissal claim and a separate age-discrimination claim.
Mulhall, who worked at the hotel from 2010 until resigning in July 2021, said he had been constructively dismissed and paid less than three younger colleagues. He earned €12 an hour; the comparators’ rates ranged from €13.50 to €17.75 an hour. The hotel said it had investigated and upheld his grievance about a facilities manager’s comment, and argued he could have stayed at work.
The WRC described the manager’s comment as demeaning and offensive, but found the hotel had investigated the grievance and the manager had apologised. It concluded that the circumstances did not make Mulhall’s resignation reasonable, so he was not unfairly dismissed. It also found insufficient evidence of discrimination on non-pay issues.
On equal pay, the WRC found Mulhall and the comparators had similar skills and experience and did like work, but Mulhall was paid less than each. The hotel did not rebut the resulting inference of age discrimination. The €8,000 redress reflected the pay disparity and the finding that he had been underpaid on grounds of age for at least three years.