A challenge by a predominantly female group of Penney's workers arising out of a refusal to grant them equal pay with store-men in one of the group's stores failed at the High Court yesterday.
Some 550 sales and clerical assistants represented by the trade union Mandate and employed by Primark, trading as Penneys Ltd, had taken the High Court action arising out of a Labour Court equal pay determination in November 1997.
In October 1994, an equality officer found the workers and the store-men were employed on like work, in that each performed work of equal value, but concluded there were valid grounds other than sex for the difference in rates of pay.
This finding was appealed to the Labour Court which upheld the equality officer's decision. The Labour Court decision in turn was successfully appealed to the High Court on a point of law. The Labour Court issued a second determination in November 1997 in which it said the difference in pay between the two groups was justified on economic grounds. This was subsequently appealed to the High Court by Mandate.
In a reserved judgment yesterday, Ms Justice Laffoy said it was clear that the Labour Court in formulating its second determination had had due regard to the principles laid down in the judgment of Mr Justice Barron. The Labour Court had been "astute" in following the guidance he had given.