This claim for equal pay on the gender ground was originally lodged in June 2006 (Shown as October but presumed to be June based on redress) and assigned to the Equality Officer in October 2008.  Her Decision in respect of her preliminary investigation into whether there were grounds other than gender for the difference in pay was issued in March 2010.  This was appealed by the employer to the Labour Court who, in EDA1121, declined to consider the matter until the matter of like work was assessed.  Essentially, the Labour Court found that where ‘grounds other than’ are not found in a preliminary investigation, that is where a respondent is unsuccessful in maintaining ‘grounds other than’, the respondent has