FULL RECOMMENDATION
SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998 PARTIES : MERCURY ANALYTICAL LIMITED (REPRESENTED BY FB KEATING & CO) - AND - CHRISTINE O'CALLAGHAN (REPRESENTED BY DERMOT G. O'DONOVAN SOLICITORS) DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Application for extension of time limit under Section 77(6) of the Employment Equality Act 1998.
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 Court's decision.
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 the 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 month time limit for referring a case to a period not exceeding 12 months, where the Court is satisfied that exceptional circumstances prevented the complainant's case being referred within the time limit of 6 months.
The Court in this case was provided with a submission from the complainant but none from the Company.
Findings :
The Court has considered the application for an extension in which it is stated that "due to our client's pregnancy, we were not in a position to proceed with this application for a number of months".
The Court notes that correspondence took place between the claimant's representative and the Company during the 6-month period in question and finds no explanation as to why similar correspondence could have been sent to the Court, lodging the claim for redress.
The Court is not satisfied that the statement "that is was not possible to proceed with the application due to the pregnancy of the claimant" without expansion or explanation as to why not, meets the requirement as is laid down in the legislation.
The Court finds that the complainant has failed to substantiate a case that exceptional circumstances prevented the lodging of the complaint within the 6month time limit.
The Court therefore finds that the complainant has not shown that exceptional circumstances existed that prevented her from referring her complaint within the 6 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
Finbarr Flood
9th May, 2003______________________
LW/BRChairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.