1. Background to the Claim
1.1 The complainant referred a complaint to the Director of the Equality Tribunal under the Equal Status Acts, 2000 to 2011 on the 24 July, 2015. On 14 March 2017, in accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Acts, 2000 the Director General delegated the case to me, Valerie Murtagh, an Equality Officer/Adjudication Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Act, 2000 on which date my investigation commenced. As required by Section 25(1) and as part of my investigation, I proceeded to hearing on the on 9 May, 2017.
1.2 This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 84(3) of the Workplace Relations Act, 2015.
2. Dispute
2.1 The dispute concerns a claim by the complainant that he was discriminated against by the respondent on the race ground in terms of Section 3 and contrary to Section 5 of the Equal Status Acts in relation to access to a service.
3. Summary of the Complainant's Case
3.1 The complainant, who is a German national, claims that he was discriminated against on race grounds by the respondent in relation to the cancellation of a driver’s licence that was previously approved and issued to him by Cork City Council. He states that the discrimination is ongoing, in that, he is unable to access an Irish driver’s licence because of the discriminatory treatment by the respondent against him. He further claims that he was discriminated by the respondent, in that, he was harassed/allowed to be harassed by Gardaí because of the respondent using falsefully obtained and altered foreign documents. The complainant also claims that he was subjected to victimisation by the respondent.
3.2 The complainant asserts that the respondent illegally cancelled a driver’s licence issued to him by Cork City Council without legal grounds and subsequently created multiple false instruments against him. The complainant submits that he was informed by the respondent that he needed to “go back to Germany to solve a big problem before they could re-issue my entitlements based on what they ill understood to be a German ban”. The complainant submits that he also had Swiss/Spanish driver’s licences which should have allowed him exchange same for an Irish driver’s licence but he was unable to do so. The complainant maintains that his Irish driver’s licence was revoked by the respondent and in doing so, they discriminated against him on grounds of his nationality. The complainant maintains that the discrimination is ongoing.
4. Summary of the Respondent's Case.
Preliminary Issues
4.1 In relation to preliminary issues, the respondent, in the first instance, submits that the complaint is out of time as the complainant’s driver’s licence was revoked on 13 November 2013 and his complaint form was referred to the Tribunal on 24 July 2015. Secondly and without prejudice to the foregoing, the respondent submits that the complainant has not complied with Section 21 of the Equal Status Acts. The respondent submits that Section 21 obliges the complainant to draw the conduct complained of to the attention of the respondent in the first instance and to refer specifically to the possibility of seeking redress with the Tribunal. The respondent states that the letter dated 14 May 2015 which the complainant relies upon for notification purposes to comply with Section 21 makes no reference whatsoever regarding the possibility of seeking redress. The respondent maintains that, in those circumstances, its response to the e-mail of 14 May 2015 was drafted without it being on notice that the complainant intended to lodge a complaint with the Tribunal. The respondent submits that this is a clear contravention of the legislation.
4.2 In relation to the substantive element of the complaint, the respondent asserts that the complainant submitted an application to Cork Motor Tax Office in March 2012 for a driver’s licence. The respondent submits that, in the application form, the complainant claimed that he held a German licence and he stated; “I wish to surrender my Swiss/German driving licence and to receive in exchange an Irish driving licence.” The respondent submits that an officer of Cork Motor Tax Office reviewed the application and issued the complainant with an Irish licence in exchange for the German licence. The respondent states that the officer of Cork Motor Tax Office wrote to the Driver Licensing Section of the Department of Transport advising of the exchange of the complainant’s German licence for an Irish licence. The respondent submits that on 2 May 2012, an officer of the Driver Licensing Section of the Road Safety Authority wrote to the German licencing authority advising that the German licence held by the complainant had been exchanged for an Irish licence. The respondent states that on 12 July 2012, the German licencing authority advised the respondent that the German licence which the complainant used for exchange was invalid. The German authorities stated that the complainant was in possession of a valid driver’s licence which was issued in August 1996. However, in the meantime, the licence was cancelled in March 2003 because of tendency to drug addiction. The respondent asserts that on 12 July 2012, the respondent informed Cork Motor Tax Office that the licence tendered for exchange by the complainant was invalid. The respondent states that, in the letter from the German licencing authority, they stated that it was not possible to confiscate the German licence at that juncture. They also stated that the complainant came to the attention of German authorities because of driving without a licence in 2006. As a consequence of the report by the German authorities that the German licence, which the complainant tendered in exchange for an Irish licence, was invalid; the respondent states that the complainant’s Irish driver’s licence was revoked. The respondent asserts that as the complainant had not returned the licence as requested by it; in November 2013, the Gardaí were notified as is standard practice is such circumstances.
4.3 In relation to the issue of the complainant holding a Swiss licence, the respondent states that having liaised with the Swiss licencing authorities, the respondent was advised by them that the complainant still holds a Swiss driving licence but for a moped only. The respondent submits that the Spanish and Swiss licences were not being exchanged (contrary to the claim by the complainant in this regard) as the complainant only held Category M in relation to said licences which refer to mopeds not cars. The respondent submits that there is no basis to the complainant’s allegations of discrimination on grounds of race and that the licence was revoked on the basis that he was not in possession of a valid German licence for exchange at the material time. In conclusion, the respondent refutes the allegations of discrimination and submit that the complainant has not demonstrated a nexus in relation to his treatment and his race and consequently has not established a prima facie case under the Equal Status Acts.
5. Conclusions of the Equality Officer
5.1 Having carefully examined all the evidence in relation to the instant case, I find that the complainant’s claim is out of time. In this regard, I note that the complainant’s Irish driver’s licence was revoked on 13 November 2013 and the referral form to the Tribunal was received on 24 July 2015 some 20 months following the alleged act of discrimination. In the circumstances, I find I have no jurisdiction to deal with the instant complaint as it is out of time.
6. Decision
6.1 Inreaching my decision, I have considered all the submissions, written and oral that were made to me. In accordance with section 25(4) of the Equal Status Acts, I conclude this investigation and issue the following decision.
6.2 I find that the claim is outside the time limits specified in section 21(6) of the Equal Status Acts and accordingly the complainant’s case fails.
Valerie Murtagh
Equality Officer/Adjudication Officer
6 December, 2017