The Labour Court upheld the decision rejecting Ms Laisa Nadezda’s appeal alleging indirect age discrimination by Bidvest Noonan (ROI) Limited over Employment Regulation Order pay increases. The Court dated its determination 12 July 2022.
Nadezda argued that older employees transferred to Bidvest Noonan missed increases given to newly hired employees. The Court found she had not provided a comparator of a different age who was treated more favourably, or evidence to support her allegation. A comparator is a person in a relevantly different group whose treatment can be compared with the complainant’s.