The Labour Court set aside a €4,000 discrimination award to Rahim Molhinamiah after allowing Supermac’s Ireland Limited’s appeal. The determination was dated 19 June 2013.
The Equality Tribunal had found that withdrawing a €25 weekly additional-duties allowance and a night-duty allowance discriminated against Molhinamiah. Supermac’s argued that the allowance claim concerned equal pay and had not been included in the original complaint.
The Labour Court agreed that a complaint about remuneration could only be dealt with as an equal-pay claim, which was substantially different from a claim of discriminatory treatment. It said the claim could not be amended to include equal pay, allowed the appeal and set aside the Tribunal’s decision.