Hasley v Fair Employment Agency
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1988 |
| Date | 01 January 1988 |
| Court | Court of Appeal (Northern Ireland) |
- Appellant did like work to that of employee of Equal Opportunities Commission - Whether Commission and respondent "associated employers" - Whether "companies"- Whether controlled by government departments - Equal Pay Act (Northern Ireland), 1970 (c. 32), s. 1 (7). European Communities - Equal pay - Whether casus omissis in domestic law - Whether inequality caused by discrimination based on sex - Whether in same establishment or service - Treaty of Rome, 1957, art. 119.
The applicant was employed as an administrative officer by the respondent Agency. She applied to an industrial tribunal for a decision that she was employed on like work to the administrative officer in the Equal Opportunities Commission and that the Commission and the Agency were associated employers within the meaning of the Equal Pay Act (Northern Ireland), 1970, as they were directly or indirectly controlled by government departments namely the Department of Economic Development and the Department of Finance and Personnel. Held, that, 1, while the Departments control the Commission and the Agency, in that they have financial control of them and control the numbers, grades and terms and conditions of the persons employed, the operational independence of the Commission and the Agency being irrelevant for this purpose, the Commission and the Agency are not associated employers because, under section 1 (7) (c) of the Equal Pay Act (Northern Ireland), 1970 two employers are to be treated as associated if one employer is a company of which the other employer, not necessarily a company, has control and the Commission and the Agency are not companies within the meaning of the section. Moreover the comparable employee in the Commission was not employed at the same establishment as the applicant. 2. Article 119 of the Treaty of Rome, 1957, imposes an obligation on the State...
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