The Labour Court set aside a finding that Galway City VEC breached the Protection of Employees (Part-Time Work) Act in a part-time teacher’s salary claim. The Court allowed the VEC’s appeal and set aside the Rights Commissioner’s decision, dated 16 April 2012.
Patricia O’Donovan said the VEC failed to count her teaching service before 2001 when setting her salary increments, leaving her on a lower scale point than full-time colleagues. The VEC argued that the claim was out of time and concerned treatment before the Act took effect.
The Court found the claim was in time and that credit for past service related to remuneration. But O’Donovan did not identify a comparable permanent full-time employee despite repeated opportunities. The Court found that without a comparator there could be no cause of action under the Act, and her claim failed.