FULL RECOMMENDATION
SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977 PARTIES : BANK OF IRELAND - AND - A WORKER (REPRESENTED BY THE IRISH BANK OFFICIALS' ASSOCIATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Time limit
BACKGROUND:
2. A Labour Court hearing took place on the 16th of June, 2000, in accordance with Section 19(5) of the Employment Equality Act, 1977. The following is the Court's Decision:
DECISION:
The claimant referred a complaint to the Director of Equality Investigations by completing the form appropriate to the Employment Equality Act 1998, dated the 8th of December, 1999. This form was received by the office of the Director on the 14th of December, 1999. Since the alleged act of discrimination occurred in the period prior to the coming into effect of the 1998 Act, the Director referred the case for investigation under the Act of 1977. The complaint was received by the Court on the 11th of February, 2000.
In the form completed by the claimant, the date of the first occurrence of the discriminatory act is stated as being June, 1998. In the course of the hearing of this application, it emerged that no alleged act of discrimination occurred on that date. It is clear that the substantive dispute to which this application relates concerns the Bank's decision not to appoint the claimant to the post of Senior Bank Official. That decision was conveyed to the claimant by letter dated the 10th of June, 1999. The Court was told that the letter was received by the claimant on the 16th of June, 1999.
Section 19(5) of the 1977 Act provides that a complaint must be lodged not later than 6 months from the date of the first occurrence of the act alleged to constitute discrimination. Taking the section as a whole, it is clear that the referral must be lodged with the Court within the period specified.
Due to a misunderstanding on the part of the claimant's Trade Union as to the applicable Act, the complaint was referred not to the Court but to the Director of Equality Investigations. Moreover, while the complaint form was dated the 8th of December, 1999 (which was within the 6 month period from the 10th of June, 1999) it was received by the Director on the 14th of December, 1999 (which was outside the period).
In considering whether reasonable cause has been shown as to why the complaint was not lodged with the Court within 6 months of the date of the act alleged to constitute discrimination, the Court finds as follows:
(a) The Court accepts that the complainant became aware that her application for promotion was rejected at some time in the week commencing Monday 14th of June, 1999.
(b) The complaint was lodged in error with the Director of Equality Investigations on 14th of December, 1999.
(c) From the 21st of June, 1999, onwards, the claimant has processed her grievance through the internal procedures of the Bank and those procedures are not yet exhausted.
HHaving regard to all of the circumstances in this case, the Court accepts that reasonable cause has been shown by the claimant for the delay in making this referral. The Court directs that her complaint be referred to an Equality Officer for investigation and recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
3rd July, 2000______________________
CON/CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.