FULL RECOMMENDATION
SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998 PARTIES : F.M.L. PROPERTIES LIMITED - AND - CHARLOTTE O'DRISCOLL (REPRESENTED BY COLM MURPHY & CO) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Time Limit.
BACKGROUND:
2. The Court investigated the case on the 25th April, 2003. The Court's Decision is as follows:
DECISION:
The Court is requested to consider an application by the complainant for an extension of time to bring a complaint under Section 77(6) of the Employment Equality Act, 1998, (the Act).
Section 77(5) of the Act states that the complainant must refer a claim for redress in respect of discrimination or victimisation within six months from the date of occurrence or, as the case may require, the most recent occurrence of the act of discrimination or victimisation to which the case relates.
Section 77(6) of the Act allows for an extension of the 6 months time limit for referring a case to a period not exceeding twelve months, where the Court is satisfied that exceptional circumstances prevented the complainant's case being referred within the time limit of six months.
The Court in this case was provided with written submissions from both parties, which it has carefully considered.
The complainant was dismissed on 7th June, 2002. Her legal advisor instigated proceedings under the Employment Equality Act, 1998 and under the Industrial Relations Act, 1969, on 21st June, 2002, by referring claims to the Office of the Director of Equality Investigations (ODEI) and to the Labour Relations Commission respectively. By letter dated 14th June, 2002, her legal advisor notified the company of these claims, this was acknowledged by the company on 19th June, 2002. The ODEI forwarded forms to be completed by both the complainant and the respondent.
A person who claims to have been dismissed in circumstances amounting to discrimination in contravention of the Employment Equality Act, 1998 may take a claim under Section 77 (2) to the Labour Court. By letter dated 6th March, 2003 a claim was made under Section 77 to the Labour Court. This was outside the six months time limit for the bringing of such claims. The Court is being asked to consider that, as the application was made to the Office of The Director of Equality Investigations and not to the Labour Court, this constitutes exceptional circumstances under the terms of Section 77(6) of the Act. Beyond this inadvertent action counsel for the complainant has not advanced any specific reason as to why the claim was not filed on time.
It is the Court's view that the term "exceptional circumstances" requires that the complainant show that there was some serious issue or event, which prevented the complainant referring the complaint. In this particular instance the complainant had sought legal advice and her legal advisors had written within the six month time period intimating that they were bringing a claim. The fact that correspondence was sent to the wrong organisation would not be sufficient, in the opinion of the Court, to support the argument that there were exceptional circumstances preventing the complainant from referring her claim in time.
For the above reasons the Court finds that the complainant has not shown that exceptional circumstances existed that prevented her from referring her complaint within the six month time limit as required under the legislation and, therefore, her application for an extension of the time allowed under Section 77(6) of the Employment Equality Act, 1998, fails.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th May, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.