FULL RECOMMENDATION
SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977 PARTIES : TRACY'S SHOES - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Time limit.
BACKGROUND:
2. The worker was employed by the Company as a full-time sales assistant in March, 1979. On the 19th January, 1996, the worker was informed that her hours of work were being reduced from 37.5 hours per week to 22.5. At a meeting between the parties on the 24th of January, 1996, the Union asked management to restore the worker's hours to 37.5. The Union claims that management agreed to contact the Union within 2 weeks but did not do so. Following further written correspondence, the Union referred the matter to a Rights Commissioner but the Company refused to attend.
The Union claims that in May, 1997, following an investigation, it discovered that the hours of work of other workers had not decreased, and, in some cases, had increased. As the worker concerned was single and all other workers were married, the Union maintains that she was discriminated against because of her marital status. The Union acted immediately upon discovering the above facts. The Company denies any discrimination took place and claims that no reasonable cause has been shown for the delay in lodging the complaint.
The Union referred the issue to the Labour Court on the 26th of May, 1997, in accordance with Section 19(5) of the Employment Equality Act, 1977. A Labour Court hearing took place on the 15th of October, 1997 in Cork. The following is the Court's decision:
DECISION:
The Court, having considered the written and oral submissions made by the parties, is satisfied that reasonable cause has been shown as to why the case was not submitted within the required period of 6 months.
Signed on behalf of the Labour Court
Finbarr Flood
23rd October, 1997______________________
C.O'N./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.