Fearnon (Mary), Margaret Patterson and Judith Toland v Smurfit Corrugated Cases Lurgan LTD Respondents
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 22 September 2008 |
| Neutral Citation | [2008] NICA 45 |
| Year | 2008 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 22 September 2008 |
1
Neutral Citation no. [2008] NICA 45 Ref:
KER7271
Judgment: approved by the Court for handing down Delivered:
22/9/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
IN THE MATTER OF A DECISION OF AN INDUSTRIAL TRIBUNAL
ON APPEAL BY WAY OF CASE STATED
_________
BETWEEN:
MARY FEARNON, MARGARET PATTERSON and JUDITH TOLAND
Appellants/Claimants
-and-
SMURFIT CORRUGATED CASES LURGAN (LIMITED)
Respondents
____________
Before Kerr LCJ, Higgins LJ and Coghlin LJ
____________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of an Industrial
Tribunal. An equal pay complaint by the three female appellants to the
Industrial Tribunal gave rise on a pre-hearing review to the question whether
the respondent was entitled to rely on the defence of genuine material factor
for the purposes of Section 1(3) of the Equal Pay (Northern Ireland) Act 1970
as between the claimant’s contracts of employment and that of their
comparator, Mr Wesley Warnock. The tribunal held that the respondent was
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10 cases
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McGrath vs Department of Justice,Department of Finance
...justified.” In the decision of the Northern Ireland Court of Appeal in Fearnon and Others v Smurfitt Corrugated Cases Lurgan Limited [2008] NICA 45, a “red‑circling case”, Kerr LCJ observed, at paragraphs 12-13:- “12. … to qualify as a contemporaneous genuine material factor encountering th......
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Nesbitt vs The Pallett Centre Limited
...justified”. In the decision of the Northern Ireland Court of Appeal in Fearnon and Others v Smurfitt Corrugated Cases Lurgan Limited [2008] NICA 45, a “red circling case”, Kerr LCJ observed, at paragraph 12-13 of the decision:- “…. To qualify as a contemporaneous genuine material factor acc......
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Reilly vs Public Prosecution Service,Department of Finance
...to liability and remedy:- Lynch –v- Ministry of Defence [1983] NI 216 Briggs –v- North Eastern Education & Library Board (1990) IRLR 181 (NICA) Cadman –v- Health & Safety Executive (2004) IRLR 971 (CA) Cross –v- British Airways Plc (2005) IRLR 423, UKEAT/10572/04/TM Hardys & Hansons PLC –v-......
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Hamilton vs Department of Finance
...and the differential needs to be objectively justified.” (4.5) In Fearnon, Patterson and Toland v Smurfit Corrugated Cases Lurgan Limited [2008] NICA 45 the Court of Appeal stated that:- “to qualify as a contemporaneous genuine material factor accounting for the discrepancy in salary, the r......
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