An error by the Labour Court in hearing an equality case has cost Mandate £38,000. The court came in for strong criticism over the case, which involves 650 workers at the Penneys store chain, but delegates stopped short of passing an emergency motion to by-pass the court in future.
The union's divisional organiser for the distributive trade, Mr Brendan Archbold, told the conference that when the Labour Court first adjudicated on the union claim it ignored important evidence submitted by the union citing a precedent from the European Court of Justice. The union appealed the decision to the High Court, which upheld Mandate's objection and directed the Labour Court to hear the case again.
At the second Labour Court hearing Mandate lost the case once more, and is now appealing the Labour Court decision on new grounds. Mr Archbold said the court's failure to deal with all the issues in the first hearing had cost the union £38,000 in legal fees.
The emergency motion said: "In view of the grossly inaccurate statement made by the Labour Court in determination number Dep 976, conference no longer considers the court competent to hear cases under the terms of the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977." Mr Archbold appealed to delegates to pass the motion, despite opposition from the union executive. The national industrial officer, Mr John Douglas, said that on behalf of the executive delegates should reject the motion. The motion was defeated.