A CLAIM by four women in the accounts section of Shannon Air Radio at Ballygirreen, Co Clare, for equal pay with two male radio operators working in the same section but on a higher pay scale, is to go back to the Labour Court a High Court decision yesterday.
The Equality Officer and the Labour Court found in favour of the women. The Minister for Transport, Energy and Communications had appealed the Labour Court findings.
Mr Justice Keane held the Labour Court erred in law in its interpretation of section 2 (3) of the Anti Discrimination (Pay) Act 1974 which reads: "Nothing in this Act shall prevent an employer from paying his employees who are employed on like work in the same place different rates of remuneration on grounds other than sex.
In his judgment, he said there appeared to be a practice in the Civil Service under which a person unable to carry out the full range of his duties because of health reasons might be transferred to another post without suffering any loss of remuneration. Mr Justice Keane said this was what had happened.
However, he said, it was thought necessary to go through a solemn bureaucratic charade of advertisement and interview although there was never any question of anyone else being appointed to the two posts.
The Minister in the Labour Court adopted a different position. While it was conceded the two men were employed in "like work" it was argued the differentiation was based on grounds other than sex and that it was to provide the two men with work which their state of health allowed them to do while ensuring no reduction in pay.
He remitted the case to the Labour Court to reconsider the appeal insofar as it arose under section 2 (3) of the Act.