Garda civilian clerical workers claim pay discrimination

Fourteen civilian women clerical staff working for An Garda Síochána claim they have been indirectly discriminated against in their pay compared to their mainly male Garda colleagues doing equivalent work.

The women claim there was indirect sex discrimination against them between 2000 and 2005 because Garda officers assigned to similar clerical duties were paid at a higher rate.

They want the High Court to refer their case back to the Labour Court following a European Court of Justice (ECJ) ruling on the matter.

The Labour Court found the women, on the face of their claim, had a case for indirect discrimination but it accepted arguments the difference in pay was objectively justified.

The Labour Court also referred to the Garda’s operational needs and the process of civilianisation under which it was agreed with Garda representative bodies that the number of clerical roles reserved for officers would be reduced. There is still a requirement for clerical staff with Garda training.

When the women’s claims were originally brought in 2000, there were 353 gardaí assigned to clerical duties, of whom 279 were male. By the time of the Labour Court hearing in 2007, the number of gardaí in such posts had reduced to 298, with plans for further reductions to 219.

There were 761 civilian clerical workers, who were predominantly female and whose employment is through the Department of Justice.

The Labour Court decided it would be unfair and impractical to cut the pay of the Garda clerical officers to bring them in line with the civilians and also took account of the fact that there were only a small number of gardaí in roles similar to civilians.

The 14 women appealed that decision to the High Court which referred a number of questions on the matter to the ECJ.

Earlier this year, the European court ruled it was for the employer to establish objective justification for pay differentials unrelated to any discrimination linked to the difference in sex.

In referring it back to the High Court, the ECJ said the national court can also take into account the interests of good industrial relations as one factor, among others, in its assessment of whether pay differences are objectively justified, although this cannot be the sole basis of justification.