A DISCOUNT RETAIL owner, who is the former boss of Iceland’s Ireland franchise which saw its parent company put into liquidation in recent weeks, has been accused of presenting “documentation which sought to pull the wool over the eyes” of the Workplace Relations Commission (WRC).
The “highly detailed” chart was presented during a hearing where the ex-head of the legal department of Naeem Maniar’s retail group was seeking pay restoration over an alleged disparity around money earned by a male colleague at the company from March 2020 and December 2021.
Legal representation for Maniar’s retail company, Centz Holdings Ltd, denied the claims during a case brought by Sarah Treacy, who has alleged a range of breaches under employment and equality legislation.
The group employs 900 people across a range of discount stores, cash and carry outlets and cafes.
In complaints under the Employment Equality Act 1998 at the WRC in Dublin, Treacy has accused Centz Retail Holdings Ltd of discriminating against her by paying her less than a male colleague and failing to provide reasonable accommodation after she disclosed a diagnosis of ADHD (attention deficit hyperactivity disorder).
In further statutory claims, Treacy has alleged penalisation over making a discrimination complaint as well as the non-payment of wages and constructive dismissal.
No appearance
Maniar, who is also a director of the Homesavers franchise in Ireland, had been expected to respond to criticisms of the documentation but did not appear, which his company’s solicitor Ian McKenna said was due to the “fast-paced” nature of his business.
He was accused of employing a “devious methodology to conduct litigation” by barrister Darach MacNamara, who was representing Maniar’s former legal secretary Sarah Treacy.
MacNamara said Centz Retail Holdings was “a well-resourced company” employing 900 people across its operations, but which had sought to “to kick the can down the road and not to deal with direct evidence” arising from the case.
The allegations were made during a Workplace Relations Commission hearing that adjudicator Breffni O’Neill remarked contained “unbelievable” claims this afternoon.
The WRC heard that the chart showed that a male solicitor for the company was earning €85,000 a year, but MacNamara said that “sworn evidence” from that solicitor demonstrated that he was instead earning €92,500.
The commission heard that Tracey had been hired to carry out legal work and had asked to be made head of a legal department.
MacNamara pointed to a previous evidence heard in June from the male solicitor who told the commission that he had been reporting to Treacy “directly” as his manager, while earning in the region of €20,000 more than her.
The company denied the claim and insisted that the solicitor received his payrise after Treacy had left the company.
Treacy has alleged that she was subjected to a “litany of highly insulting and derogatory emails” concerning her performance from the company’s chairman Naeem Maniar on the back of her expressing reservations about signing her name to legal proceedings which accused a defendant of fraud.
Following this, it’s alleged Treacy’s performance at work was “repeatedly” described as a cause for concern, with Treacy eventually submitting a grievance in October 2021.
“Afterwards, work was withdrawn from her,” MacNamara said.
He added that Treacy was removed from personal injury cases which she had been handling.
According to MacNamara, this “left my client with no option” but to resign.
Pay increase
Treacy’s case claims that she sought a pay increase from her salary of €65,000 and was given a €10,000 increase, only to learn that the a male colleague brought in to cover her maternity leave was working for €85,000 per annum.
The company was accused of concealing that it gave him a payrise at the same time as increasing Treacy’s pay, which MacNamara said amounted to “chasing the road runner”.
“It’s ironic she thought she was getting bumped up to an equivalent pay to [the male colleague] but the reality was that [he] was also getting bumped up,” MacNamara said.
The company also claimed that the male solicitor was not an accurate comparator for Treacy’s work, further pointing to a female solicitor who was hired the same day as as the male solicitor.
Both were “paid significantly more” than Treacy, McKenna added.
“Why does she ignore the same lady employed on the same day? Is that not pulling the wool over the eyes,” McKenna asked.
McKenna said the reason why the solicitor was paid more was because he had “27 years of experience” in commercial property law and claimed that Treacy did not have similar ability for the work.
“She was brought in to do a job, but she wasn’t brought in to the job that she thought she was doing,” McKenna said.
“Sarah’s role was more of an administrator, or more as an overseer of the department.”
However, Treacy insisted that she did carry out various forms of legal work for the company.
The discount retail boss was criticised by Tracey’s barrister MacNamara for not turning up to today’s hearing, after being scheduled to give evidence. MacNamara further criticised Maniar for providing “instructions by phone” to his legal team instead of appearing in person.
“He’s unavailable today. He’s got other commitments today and simply can’t be here,” McKenna said.
“He’s working in a fast paced business and he wasn’t aware himself he wasn’t going to be here.”
In response to Treacy’s claims, McKenna said the case was “scatter-box” and insisted that Centz Retail Holdings had accommodated her as best as it could.
When she told her employers about her ADHD diagnosis, he said they “immediately” took steps to provide alternative working arrangements for her and had never refused her an opportunity to work from home.
HR director for the company, Carol McCartney said that there was no victimisation of Treacy.
McKenna said that Maniar and the company “bent over backwards” for Treacy, giving her payrises, allowing her to work from home and setting aside room for her to work from when needed due to her disability.
Maniar had also provided her with a loan for a family member, he said.
The company denies that it owes €1,695.55 to Treacy for wage and holiday entitlements.
O’Neill told both parties that a decision on the dispute would be issued in due course.
Iceland closure
Earlier this month, Iceland closed its final stores in Ireland.
It came after parent company Metron Stores Ltd – which was owned by Maniar’s The Project Point Technologies, which owns Metron Stores – entered liquidation.
Maniar’s Project Point Technologies bought the Ireland franchise only in February but quickly ran into problems, resulting in a major recall of almost all of its frozen meat and the appointment of an examiner by the High Court.
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