FULL RECOMMENDATION
SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998 PARTIES : CALYX LIMITED (FORMERLY ITG COMPUTERS) (REPRESENTED BY PATRICK F. O'REILLY & COMPANY, SOLICITORS) - AND - JAMES MILLS (REPRESENTED BY HOULIHAN O'DONNELL FLAHERTY, SOLICITORS) DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Time Limit.
BACKGROUND:
2. An 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 Court considered the application on the 3rd October, 2003. The Court's decision is as follows.
DECISION:
The applicant’s representative made the case that he was incapable of seeking legal advice following his dismissal, due to a further period of illness and was unaware of, or incapable of exercising, his legal rights.
The Court sought medical certification to this effect or evidence to support this claim. Such evidence was not supplied to the Court.
The Court, having considered this case does not find that exceptional circumstances have been shown to apply that would justify an extension of the time period as provided for in Section 77(6) of the Employment Equality Act, 1998.
Accordingly the application fails.
Signed on behalf of the Labour Court
Finbarr Flood
5th November, 2003______________________
TOD/BRChairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.