FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 77(12), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : A COMMUNITY ENTERPRISE SCHEME - AND - A COMPLAINANT DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal under Section 77(12) of the Employment Equality Acts, 1998 to 2011.
BACKGROUND:
2. The Worker appealed the Decision of the Equality Officer to the Labour Court on the 4th April 2014. A Labour Court hearing took place on the 24th October, 2014. The following is the Court's Determination:
DETERMINATION:
This is an appeal against the Decision of an Equality Officer in a claim by the Complainant against A Community Enterprise Scheme that he was discriminated against on the ground of disability in terms of Section 6(2) of the Employment Equality Acts 1998 to 2011 (“the Acts”) and contrary to Section 6 of the Acts in relation to access to employment. The Equality Officer found that the complaint to the Equality Tribunal was referred outside the time limits prescribed by Section 77(5) of the Act and accordingly that the Equality Officer had no jurisdiction to investigate the substantive aspects of the complaint. The Complainant is a person with a disability.
The Complainant was informed of the date and time of the appel hearing before the Court. He submitted a written submission on his appeal and was furnished with a copy of the Respondent’s submission. On the day of the hearing the Complainant did not appear before the Court or otherwise communicate with the Court. The Respondent was present in Court on the day.
In the circumstances where the Complainant or any representative on his behalf failed to appear before the Court to move his appeal the appeal fails for want of prosecution and the Equality Officer’s Decision stands.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CC______________________
11 November, 2014Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.