Part-time teacher used incorrect comparator in claiming she was treated less favourably

Employment law - appeal from the Labour Court - School seeking determination on a point of law of Labour Court decision pursuant to s.17(6) of Protection of Employees (Part Time Work) Act 2001 – respondent a part-time teacher at appellant school – school mostly employs teachers paid by the Department of Education – school also employs teachers, including respondent, whom they pay directly – teacher works 14 hours per week - Department requires teachers to perform certain work outside of school hours in same manner as comparable full-time teachers – respondent required to work up to an additional 33 hours each year - additional hours are not pro-rata by reference to the respondent’s part-time hours/salary – teacher’s proportionate additional hours are greater than those of full-time teachers - brought complaint before Rights Commissioner that she had been treated less favourably in respect of her pay, pension and other conditions of employment than another teacher paid by the Department – claim upheld by Rights Commissioner and on appeal by Labour Court – whether appeal to the High Court was appropriate –whether the comparator nominated by respondent was appropriate pursuant to s.7 of 2001 Act – comparator and the part-time teacher must have same employer - whether case should be referred to Court of Justice of the European Union.