The Labour Court has upheld an age discrimination finding against Calor Teoranta in its equal-pay appeal brought by Sharon Brierton. The determination was signed on 26 June 2015. The Court disallowed Calor’s appeal and affirmed the Equality Tribunal decision, which had awarded Brierton arrears of pay based on her comparator’s earnings for the three years before she referred her claim.
Brierton and her comparator worked in Calor’s Credit Control Department. She resigned in June 2006. Calor argued that factors other than age explained the difference in their pay. The Court found that the company’s pay system was opaque and lacked objective criteria for setting salaries. It said the pay difference for like work, the age difference between Brierton and her comparator, and the system’s characteristics supported an inference of age discrimination.
The Court concluded that Calor’s evidence did not rebut that inference. It did not state the amount of arrears in the determination.