The Labour Court upheld the finding that Cahill May Roberts could no longer justify paying part-time workers less than full-time employees, rejecting that ground of the company’s appeal. The decision, signed on 5 September 2003, left the separate question of whether the worker and her comparator did like work for a work inspection and a later final determination.
The Rights Commissioner’s decision entitled Rachael O’ Leary to the higher operative hourly rate from 1 January 2003 and €500 compensation. The company argued that differences in duties and responsibilities justified the pay rates and relied on a 1998 financial crisis. The Court found that the reasons for the difference in pay were no longer objectively justifiable.