The Labour Court found Mary Browne’s part-time work claim well founded and varied the Rights Commissioner’s decision, entitling her to the same terms and conditions as her nominated full-time comparator. The determination was dated 18 July 2012.
Browne, a part-time teacher employed by Blackrock College, sought equal employment conditions with a full-time teacher. The College paid Browne and set her terms, while the Department of Education and Skills paid the comparator and the Minister for Education and Skills set his terms. Blackrock College argued that the comparator was unsuitable and that objective grounds justified any differences.
The Court said it had no authority to alter an earlier preliminary determination that had accepted the comparator and found the two teachers did like work. The College did not pursue its written cost submissions at the hearing and presented no evidence of objective grounds for the difference in treatment. Browne’s entitlement applies from six months before she initiated her claim before the Rights Commissioner.