The Labour Court overturned a €97,666 equal pay award to Ewelina Konarska, finding she had not established that her work was of equal value to either of two male comparators. The Court dated its determination 10 November 2022.
Konarska said she was paid less than her male predecessor and a male consultant because she was a woman. The Court found that her predecessor’s commercial development work differed materially from her role as general manager. It also found that the consultant’s expected functions were neither the same, similar nor of equal value to her work. The Court concluded she had not established a prima facie case of gender discrimination, meaning a case sufficient to support an inference of discrimination.
The Court also upheld the dismissal of her harassment complaint as out of time. It found the complaint was presented one day after the six-month limit expired and that reasonable cause for an extension had not been shown. The Court noted there was no medical evidence covering the full period and that Konarska had set out her grievances to her former employer in January 2019. The merits of the harassment complaint were not decided.