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Labour Court rejects Jaroslaw Obuszko’s appeal over equal pay and discrimination

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Jaroslaw Obuszko’s appeal against Bord Gais Eireann T/A Brookfield Renewable (Irl) Holdings Ltd and affirmed the Equality Tribunal decision. The determination was signed on 3 August 2016. The Court found the discrimination and harassment/bullying complaint was statute-barred and refused to extend the time limit. It also rejected his equal-pay claim because he and his comparators were not engaged in like work. Obuszko alleged race discrimination in pay, promotion, getting a job and training, as well as harassment and victimisation. He said he was paid less than an Irish colleague doing comparable work and linked his treatment to a whistleblowing complaint. The employer said the comparator had a different role and pay band.

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