Fourteen women employed as civilian clerical officers in Garda stations have brought a test High Court action alleging gender discrimination because they are being paid less than gardaí doing the same work.
In proceedings regarded as a test case for hundreds of other women employed in this capacity, the plaintiffs are appealing a Labour Court decision they are not entitled to equal pay with gardaí.
They claim the Labour Court erred in law in finding, while there may be a presumption of indirect discrimination, the pay differential is not unlawful because it had been proved there was objective justification for not treating them equally.
The Garda Commissioner and the Department of Justice, Equality and Law Reform, which employs the plaintiffs, have disputed their claims. It is argued the work of gardaí employed as clerical officers differs from civilians in that gardaí are involved in sensitive policing matters which they were trained to deal with.
The proceedings opened today before Mr Justice Patrick McCarthy who then adjourned the case to allow it be referred to the European Court of Justice (ECJ) on a point of law.
The parties are to prepare papers relating to referral to the ECJ and the case will be mentioned in the High Court at the end of this month.
The women, represented by the Civil and Public Service Union, (CPSU), claim no evidence was given to the Labour Court hearing regarding the nature of duties performed and whether they required Garda expertise or training.