Category: EEA Chpt II ss 5-11

Geographical location discrimination: Jurisdictional challenge

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Non-strikers bonus: Discrimination not proved

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Discriminatory pay progression: PAJA relied on for relief

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Market related forces: Employer’s defence of external parity

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Voluntary severance package: Refusal to re-appoint rational

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Arbitrary ground considered: Pay and narrow interpretation accepted

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Irrational pay differentials: Unequal pay claim refused

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Fixed locomotion allowance: Discrimination not proved

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Seniority justifying differentials: Valid and rational reason

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Early maternity leave: Unpaid as no suitable alternative

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Pay differential dispute: Arbiter wrongly prejudged issues

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Presumption against backdating: EEA claim after amendment

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