The Labour Court varied the award to Joselito Quiber to €4,088 in arrears and €5,000 compensation after an appeal by Johnson Logistics Limited. The determination was signed on 14 April 2011; the race discrimination finding itself was not appealed.
The Equality Officer had found that Quiber, an articulated lorry driver, performed like work with two comparators and that there were no objective grounds other than race for the pay difference. The company argued that use of its lorry to travel to and from his accommodation should reduce the arrears, but the Court rejected that argument in the circumstances.
The Court accepted the company’s arrears figures, finding that the union calculation treated subsistence pay inconsistently. It reduced the €25,000 compensation award to €5,000 and said none of the compensation was for lost income.