Source: All England Reporter
Publisher Citation: [2013] All ER (D) 37 (Mar)
Court: Court of Justice of the European Union (Third Chamber)

Judges Silva de Lapuerta (Rapporteur), Acting as President of the Third Chamber, Lenaerts, Juhász, Von Danwitz, Šváby, Advocate General: Cruz Villalón

Judgment Dates: 28 February 2013


Employment - Equality of treatment of men and women - Equal pay for equal work - Inequality of pay - Employees being civil servants engaged in work equivalent to that of other male police employees also assigned to clerical duties in specific posts - Employees bringing proceedings in Equality Tribunal alleging pay discrimination - Tribunal finding in favour of certain employees but rejecting claims of others - Labour Court considering indirect pay discrimination occurring and requiring respondent to prove objective justification - Labour Court accepting respondent's justification - High Court (Ireland) staying employees' appeal and referring questions for preliminary ruling - Determination of what justification consisting of - Determination of workers in relation to whom such justification should be provided - Whether interests of good industrial relations could be taken into account when examining that justification - EC Treaty, art 141 - Council Directive (EEC) 75/117.

The Case

Employment Equality of treatment of men and women. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 141 EC Treaty and Council Directive (EEC) 75-117 (on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women) in proceedings between Margaret Kenny and 13 other civil servants, on the one hand, and the Irish Minister for Justice, Equality and Law Reform and others concerning a difference in pay between the employees in the main proceedings and another group of civil servants.

Practice Areas

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