The Workplace Relations Commission found that Roseview Lodgings Ltd. discriminated against Fabiano Barros da Cruz on race or nationality grounds in his entitlement to equal pay, and ordered €1,440 in arrears of remuneration. The WRC dated its decision 3 January 2023.
Mr da Cruz worked as a security worker for the company from 16 December 2020 until his employment ended during probation on 29 March 2021. He said he earned €13 an hour while Irish security guards earned €20 to €22. The company said staff rates ranged from €13 to €15 according to length of service.
Payroll records showed two Irish workers earning €14 an hour and one earning €15. The WRC found the company had not shown that the pay differences were based on length of service: his contract set his rate at €13 without providing for an increase. It found the equal-pay complaint well founded.
A separate complaint that his termination was discriminatory was found not well founded. It followed management questioning him after he briefly entered a neighbouring building where tools had been stolen. The WRC found insufficient evidence that an Irish worker would have been treated differently; management said he was not implicated in the theft.
Five other complaints were withdrawn.