FULL RECOMMENDATION
SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998 PARTIES : KINGSPAN BUILDING PRODUCTS - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Time-limit.
BACKGROUND:
2. Application for extension of time pursuant to Section 77(6) of the Employment Equality Act, 1998 was made to the Court on behalf of the claimant. The following is the decision.
DECISION:
This matter came before the Court by way of an application under Section 77(6) of the Employment Equality Act 1998, by which SIPTU, on behalf of the complainant, sought an extension of time in which to bring a claim under the Act.
In a complaint form dated the 17th of December, 2001, which was received by the Court on the 3rd of January, 2002, the complainant alleged that she was dismissed from her employment on grounds of her age on the 22nd of June, 2001. However, by letter dated the 24th of October, 2001, SIPTU, on behalf of the complainant, wrote to the Court formally making the complaint of dismissal on discriminatory grounds.
The Court is satisfied that this letter constituted a reference of the claim pursuant to Section 77(5) of the Act and that it was submitted within six months of the dismissal at issue. Accordingly the claim, in so far as it relates to dismissal is not out of time.
In the form submitted to the Court (and in the Union's submission on the present application) reference is made to a complaint of discrimination relating to an alleged failure to appoint the complainant to a permanent post on grounds of her age in December, 2000. Any such complaint could only be investigated by the Director of Equality Investigations at first instance and does not come within the jurisdiction of the Court at this stage.
Signed on behalf of the Labour Court
Kevin Duffy
11 April, 2002______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.