FULL RECOMMENDATION
SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998 PARTIES : ARD SERVICES LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Time Limit.
BACKGROUND:
2. The worker referred her case to the Labour Court on the 28th of September, 2001, in accordance with Section 77 (6) of the Employment Equality Act, 1998. A Labour Court hearing took place on the 19th of March, 2002. The following is the Court's decision:-
DECISION:
The Court has considered the written and oral submissions of the parties on the application by the complainant, pursuant to Section 77(6) of the Act, for a direction that the time for the bringing of the complaint be extended.
The complainant outlined the reasons, which gave rise to her not processing her claim, under Section 77 of the Act, in time. She indicated to the Court that she was unaware of the proper procedures for processing such a claim and was under a lot of emotional and mental stress as a result of her dismissal and her personal circumstances at the time.
It was pointed out to the Court that a claim for unfair dismissal was processed under the Industrial Relations Acts, 1969 to 1990 to a Rights Commissioner within six months of her dismissal; she was represented by legal counsel at that hearing.
The Court is not satisfied that the circumstances disclosed constitute "exceptional circumstances" and accordingly, her application for an extension of time specified in Section 77(5) is denied.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th March, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.