EMPLOYMENT EQUALITY ACTS
DECISION NO. DEC-E2013-003
PARTIES
Karol Ryan
AND
Typeford Limited
File reference: EE/2010/592
Date of issue: 29 January 2013
HEADNOTES: Employment Equality Acts - Sections 6 & 8 - Gender & Family Status - Discriminatory Dismissal - jurisdiction under section 101
1. DISPUTE
1.1. This dispute concerns a claim by Ms Karol Ryan that she was discriminated against by Typeford Limited on the grounds of gender and family status contrary to section 6 of the Employment Equality Acts in terms of discriminatory dismissal in accordance with section 8 of the Acts.
1.2. The complainant referred her claim to the Director of the Equality Tribunal on 23 July 2010 under the Acts. On 4 September 2012, in accordance with his powers under section 75 of the Acts, the Director delegated the case to me, Hugh Lonsdale, 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 received from both sides. In accordance with Section 79(1) of the Acts and as part of my investigation I proceeded to a hearing on 10 January 2013.
2. JURISDICTION
2.1. The complainant has made a claim in relation to discriminatory dismissal. Towards the end of the hearing the respondent gave evidence that the complainant had already received an award from the Rights Commissioner Services under the Unfair Dismissals Acts, 1977 - 2001.
2.2. Section 101 (4) (b) of the Employment Equality Acts states: "an employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if ... in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights commissioner has issued a recommendation in respect of the dismissal". The respondent submitted a copy of the recommendation issued by the Rights Commissioner. I therefore have no jurisdiction in relation to the claim of discriminatory dismissal.
3. DECISION
In accordance with section 101 (4) (b) of the Employment Equality Acts I have no jurisdiction in this claim of discriminatory dismissal as a Rights Commissioner has issued a recommendation in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993.
____________________
Hugh Lonsdale
Equality Officer