FULL RECOMMENDATION
SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977 PARTIES : TESCO IRELAND - AND - MS JANICE THOMPSON (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Time limit.
BACKGROUND:
2. The Labour Court investigated the above matter on the 21st of July, 1999. The Court's Decision is as follows:-
DECISION:
The Court has given careful consideration to the submissions of the parties in this case.
It is accepted that the subject matter of the claimant's complaint was being pursued with the Company by her Trade Union between the 3rd of June and the 6th of November, 1998, at which date it was finally rejected by the Company. The limitation period prescribed by Section 19(5) expired, in respect of this complaint, on the 27th of January, 1999. The complaint was received by the Court on the 12th of February, 1999, 16 days outside the limitation period.
The claimant's Union representative told the Court that he believed that the complaint could be resolved directly with the Company and the delay in receiving a definitive response contributed to the delay in referring the complaint. He also told the Court that the first opportunity which he had of discussing the matter with the claimant was on the 9th of February, 1999 and that he acting promptly thereafter.
Section 19(5) of the Act provides that complaints of discrimination must be lodged with the Court within six months of the first act on which the complaint is grounded. It cannot be assumed that an extension will be granted lightly and it is for the claimant to satisfy the Court that in the particular circumstances of the case reasonable cause has genuinely been show.
While the Court is not entirely free from doubt, taking all of the circumstances into account it considers that reasonable cause has been shown for the delay in referring this complaint. Accordingly, the complaint will be referred to an Equality Officer for investigation and recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
13th August, 1999______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.