Labour Court overturns equal-pay recommendation on Roches Stores’ appeal

The Labour Court overturned an Equality Officer recommendation that two cleaners receive equal pay with a general distribution worker at Roches Stores’ Galway branch. The determination was dated 29 November 2001. The cleaners, Ann Ford and Mary Clancy, were paid £5.50 an hour, while the comparator earned £7.59. Roches Stores argued that his duties had been reduced for health reasons while his pay was protected, and that this policy was applied to men and women. Mandate argued that the jobs were of equal value and the cleaners should receive the same rate. The Court found the jobs were of equal value, with similar working conditions, responsibility, skill and effort. It accepted that the comparator’s pay had been protected after his duties were reduced, and found the policy objectively justified. The Labour Court upheld the appeal, overturning the recommendation for equal pay and arrears.