Overall assessment

• Author: Frances Meenan
• Pages: 81-81

81

12 Overall assessment

The following transposition problems were mentioned in this report:

1. The perennial matter of the requirement to have a comparator of the opposite sex is

an ongoing problematic issue; hence, matters of segregated employm ent are

problematic in respect of pay rates. The economic crash of 2008 resulted in pay cuts

which in particular affected certain segregated employment in the public service. The

restoration of certain pay cuts is now taking place but thi s does not solve issues of

gender segregated employment.

2. It is questionable whether the employment eq uality legislation includes ‘real and

effective compensation’ given that awards are capped even where there is

discrimination on more than one ground. In addition, capping the award of two years’

remuneration when a case on the gender ground is before the adjudication officer or

the Labour Court is questionable; the reason why is that if the complainant elects to

bring the claim to the Circuit Court, they may receive compensation of unlimited

amount, yet there is a risk that if they lose there may be a liability as to costs.

3. The Gender Pay Gap Information Bill 2019 was introduced to parliament in April 2019

but has now lapsed due to the dissolution of Dáil Éireann and the subsequent general

election in February 2020. As of 29 June 2020, a new government has been formed

and one of the aspects of the programme for government is legislation on the gender

pay gap for larger companies.284

Overall, however, the EU Directives have been satisfactorily transposed into Irish law and

are applied continuously by adjudication officers, the Labour Court and the superior courts.

Judgments of the CJEU are continually cited in the various decisions and ju dgments.

284 https://www.finegael.ie/app/uploads/2020/06/ProgrammeforGovernment_Final_16.06.20-1.pdf.