As we await the publication of the delayed draft pay transparency legislation and related implementation timelines, the recently published case of Sinead Cotter v Irving Oil Whitegate Refinery Limited, (ADJ-00037909), is certainly helpful in respect of showing how gender pay differentials can be objectively justified, with a transparent job grading system and clear job descriptions.

The Complainant was unsuccessful in her claim that she had been denied equal pay on grounds of gender and family status, with the Complainant asserting that her grade and pay disparity was linked to gaps in her professional career due to family commitments, which her male comparator did not have to contend with and who had a different family status.

In this case, the two colleagues both had the same title of Contract Specialist and performed a lot of similar duties, but the long serving Complainant was paid less and positioned on a lower grade, despite claiming that the roles were identical.

The Adjudicating Officer determined on review of job descriptions, organisation structures and detailed evidence presented, that the identified comparator was fulfilling a role that was materially different, and therefore the Complainant was not doing like or work of equal value, that would have justified the Complainant being paid the same as her colleague.

The Respondent successfully presented that the comparator in question was responsible for complex construction and maintenance contracts that carried a high commercial risk and also had a relevant Quantity Surveying background and specialised training, as against the requirement for the Complainant to manage services contracts such as catering and cleaning.

The Respondent also used a structured formal job evaluation system, that had re-assessed the Complainant’s role in 2002, who received a 10% pay increase as a result, but was not awarded grading and related pay at the same level as her comparator.

As a result of the roles being determined to be not the same and not to constitute like or work of equal value, the issue of discrimination on family grounds was not deemed relevant to the claim.

The full and detailed case decision can be reviewed here :https://www.workplacerelations.ie/en/cases/2026/february/adj-00037909.html