The Equality Tribunal
Employment Equality Acts
Decision DEC-E2009-106
PARTIES
Frisby
- V -
FAS Castleblakeney Community Development Association
(Represented by Walker O'Carroll & Hogan Solicitors)
File reference: EE/2007/554
Date of issue: 16 November 2009
Keywords - Employment Equality Acts - Discriminatory Treatment - Harassment - Victimisation - Gender - Time Limits
1. DISPUTE
1.1 This dispute concerns a claim by Ms Lily Frisby that she was discriminated against, harassed and victimised by the FAS Castleblakeney Community Development Association on the grounds of gender in terms of section 6(2) of the Employment Equality Acts, and contrary to section 8 of those Acts.
1.2 The complainant referred a claim of discrimination to the Director of the Equality Tribunal on 22 October 2007 under the Employment Equality Acts. On 19 January 2008, in accordance with her powers under section 75 of the Acts, the Director then delegated the case to Conor Stokes - an Equality Officer - for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Acts on which date my investigation commenced. Submissions were sought and received from the parties. As required by Section 79(1) and as part of my investigation, I proceeded to hearing on 22 October 2009.
2. FINDINGS AND CONCLUSIONS OF THE EQUALITY OFFICER
2.1 The issue of whether or not this matter is properly before the Equality Tribunal on the basis of the time limits set down in Employment Equality Acts was raised by the respondent as a preliminary matter in accordance with Section 79(3)(A) of the Acts.
2.2 Section 77(5)(a) of the Employment Equality Acts 1998 to 2008 states that "Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation to which the case relates or, as the case may be, the date of its most recent occurrence".
2.3 Section 77(5)(b) of the Employment Equality Acts 1998 to 2008 states that "On application by a complainant the Director or Circuit Court, as the case may be, may, for reasonable cause, direct that in relation to the complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and, where such a direction is given, this Part shall have effect accordingly."
2.4 The complainant submitted in the EE1 form outlining the claim for discrimination dated 22 October 2007 that the 'date of first occurrence of discriminatory act' was April 2006 and that the 'date of the most recent occurrence of discriminatory act' was April 2007. Accordingly, this case was forwarded to an Equality Officer for investigation, hearing and a decision in the normal course.
2.5 At the hearing of this matter, the complainant stated that her claim is that she suffered discriminatory treatment immediately prior to the end of her contract on 5 April 2007.
2.6 Having made inquiries of the complainant regarding the details of her claim, I am satisfied that no instances of discriminatory acts subsequent to that date are being claimed, including any allegations relating to victimisation under the Act.
2.7 No application for an extension of the timeframe under Section 77(5)(b) of the Acts was made to the Director prior to the hearing of this matter. The significance of Section 77(5)(b) was explained to the complainant (who was unrepresented) and she was allowed an opportunity to make a submission to the Equality Officer regarding a possible extension of time. The complainant submitted that the reasons were private and accordingly, this submission was made in the presence of the respondent's legal representative and the Equality Officer. The reasons provided to the Tribunal were private and not directly concerned with the complainant herself.
2.8 From the facts put before the Tribunal by the complainant, I am satisfied that no reasonable cause, connected to the case, as allowed for in Section 77(5)(b) was established such as to warrant an extension of the 6 month time limit set out in Section 77(5)(a).
2.9 On the basis of the foregoing I find that the claim before me is out of time.
3. DECISION
3.1 Having considered all the written and oral evidence presented to me, I find that the this claim was not lodged within the timeframe provided by Section 77(5) of the Employment Equality Acts and therefore I have no jurisdiction to investigate the matter.
_________________
Conor Stokes
Equality Officer
16 November 2009