ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005143
Parties:
| Complainant | Respondent |
Anonymised Parties | A Teacher | A Government Department |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00005086-001 | 09/06/2016 |
Date of Adjudication Hearing: 07/03/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Hearing raised a preliminary point in regard to s 77(5) of the Employment Equality Act In regards to time limits. The Claimant claimed the last contravention of the Act was on 15 June 2015 and the complaint was made on 9 June 2016. To extend the time limit to 12 months the Claimant needs to show reasonable cause as to why there was a delay in lodging the complaint within a six month time period. The Hearing afforded the Claimant three working weeks to make a submission on this point. In her submission the Claimant stated that although she had legal representation she was unable to continue to afford this. However I note that she also had access to a trade union and TD. I further note that there are also a number of public bodies who assist and advise employees to their entitlements under employment law.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I therefore do not accept that there is a causal link between the Claimant’s illness and her failure to adhere to the six month time limit. I find the claim is out of time and not properly before me. |
Dated: 14 June 2017
Workplace Relations Commission Adjudication Officer: John Tierney