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Supreme Court dismisses appeal from High Court, and affirms an order awarding to the claimants two thirds of the costs of a High Court appeal on a point of law from the Labour Court (to include the costs of a reference to the Court of Justice of the European Union), on the grounds that the claimants had succeeded in their appeal, which arose from a claim that female clerical workers had been discriminated against in being paid less than members of An Garda Siochana who did similar work, and where there was no substantial departure from the court's lawful exercise of discretion.
McMenamin J (nem diss): Award of costs - appeal on point of law from decision of Labour Court - award to claimant of two thirds of costs of High Court proceedings - to include cost of reference to the Court of Justice of the European Union (CJEU) - claim by female clerical officers employed by Department of Justice - similar tasks carried out by members of An Garda Siochana who were paid a higher salary - alleged indirect gender discrimination - flawed procedure adopted by Labour Court - appeal to High Court on point of law - reference to CJEU - decision to remit matter to the Labour Court - order that State respondents should pay to the claimants the costs of the proceedings, to be taxed at two thirds of the otherwise applicable costs of the High Court and the Court of Justice - whether there was an 'event' to which the rule on costs could be applied - whether the High Court exercised its discretion appropriately - basis upon which the court could depart from the established rule - need for reasons.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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