Labour Court Database __________________________________________________________________________________ File Number: AEE939 Case Number: DEP942 Section / Act: S21EE Parties: DEPARTMENT OF JUSTICE - and - A WORKER;I.M.P.A.C.T. |
1. Appeal by the Union for implementation of Equality Officer's Recommendation No. EE17/1993. 2. Submission by Department in Relation to Section 21 3(d) of the Employment Equality Act, 1977.
Recommendation:
The Court notes that the Department of Justice had lodged an
appeal against the Equality Officer's Recommendation and that this
appeal did not comply with the time limits as prescribed by
Section 21(2)(d) of the Employment Equality Act, 1977. The Labour
Court, by letters dated 24/9/1993 and 18/10/1993 informed the
Department of this fact, stating that the Court has no discretion
in relation to an extension of the time limit.
At a hearing on the 15th March, 1994 representatives of the
Department queried the Court's interpretation of the above named
Section, and referring to Sections 19 and 21, of the Act,
submitted that the relevant 42 days run from the date the Equality
Officer's Recommendation was received by the Department. The
Court, however, is satisfied that the period runs from the date of
the relevant Recommendation.
As no further submissions were made on the question of the
non-implementation of Equality Officer's Recommendation No.
EE17/1993, the Court finds in favour of the Union appeal. The
Court accordingly determines that the Recommendation of the
Equality Officer be implemented, and awards the worker the sum of
#500 compensation. The Court determines that this sum should be
paid to the worker by the Department of Justice on or before the
31st May, 1994.
(The worker was named in the above Determination).
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
AEE939 DETERMINATION NO DEP294
EMPLOYMENT EQUALITY ACT, 1977
SECTION 21
PARTIES:
DEPARTMENT OF JUSTICE
(REPRESENTED BY THE CHIEF STATE SOLICITORS OFFICE)
AND
A WORKER
(REPRESENTED BY I.M.P.A.C.T.)
SUBJECT:
1. 1. Appeal by the Union for implementation of Equality
Officer's Recommendation No. EE17/1993.
2. Submission by Department in Relation to Section 21 3(d)
of the Employment Equality Act, 1977.
BACKGROUND:
2. The background to this case is as outlined in the Equality
Officer's Recommendation No. EE17/1993, which is attached at
Appendix 1.
On 22nd September, 1993 the Union appealed to the Labour
Court for a determination that the Recommendation has not
been implemented on the grounds that:
"The respondent has failed to implement the terms of the
Recommendation as no monetary compensation has been
received by the appellant".
The Court heard the appeal on 15th March, 1994.
UNION'S ARGUMENTS:
3. 1. The Union's arguments are as set out in Appendix 2.
DEPARTMENT'S ARGUMENTS:
4. 1. The Company's arguments are as set out in Appendix 3.
DETERMINATION:
The Court notes that the Department of Justice had lodged an
appeal against the Equality Officer's Recommendation and that this
appeal did not comply with the time limits as prescribed by
Section 21(2)(d) of the Employment Equality Act, 1977. The Labour
Court, by letters dated 24/9/1993 and 18/10/1993 informed the
Department of this fact, stating that the Court has no discretion
in relation to an extension of the time limit.
At a hearing on the 15th March, 1994 representatives of the
Department queried the Court's interpretation of the above named
Section, and referring to Sections 19 and 21, of the Act,
submitted that the relevant 42 days run from the date the Equality
Officer's Recommendation was received by the Department. The
Court, however, is satisfied that the period runs from the date of
the relevant Recommendation.
As no further submissions were made on the question of the
non-implementation of Equality Officer's Recommendation No.
EE17/1993, the Court finds in favour of the Union appeal. The
Court accordingly determines that the Recommendation of the
Equality Officer be implemented, and awards the worker the sum of
#500 compensation. The Court determines that this sum should be
paid to the worker by the Department of Justice on or before the
31st May, 1994.
(The worker was named in the above Determination).
~
Signed on behalf of the Labour Court
Evelyn Owens
12th April, 1994. ______________________
C.O'N./A.L. Deputy Chairman