ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00018535

Parties:

Complaint(s):

Date of Adjudication Hearing: 11/06/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 25 of the Equal Status Act, 2000, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

Ca-00023824-001

Section 21 Equal Status Act 2000

Preliminary Issue

Background

The complainant alleges that he was discriminated against.

The respondent submitted that the claim is statute-barred under 21(6)(a) of the Equal Status Act (The act”). The respondent submitted that this issue should be dealt with as a preliminary point

The section states that “a claim for redress in respect of a prohibited conduct may not be transferred under this section after the end of the period of 6 months from the date of the occurrence of the prohibited conduct to which the case relates or the date of its most recent occurrence

The complainant purchased a Motor car on the 26th March 2018 from a dealership in Cork by way of finance through a Consumer Hire Purchaser Agreement with the respondent. He received the car on the 9th April 2018. The complainant signed a declaration form with the Respondent on the 19th April 2018. The hire Purchaser Agreement was formally signed on the 3rd May 2018

It was submitted that if prohibited conduct under the Act (which is denied () then the date of the occurrence of the prohibited conduct was the 19th April 2018 when the Complainant was asked to sign a Declaration form with the Respondent. The fact that this is the alleged discriminatory act is clear from the complainant's ES1 form,

It was submitted as such any such claim became statute-barred on the 9th October 2018. The Claim was submitted on the 6th December 2018, which is well outside the applicable statutory timeframe

It was further submitted that if the relevant date was the date of the Hire Purchas Agreement was formally entered on the 3rd May 2018. The complainant should have been filed by the 3rd November 2018 and is still out of time. There is no act of discrimination

Section 21 (6) (b) of the act provides that the time may be extended on application by the complainant where the complainant cab establishes “reasonable cause” which explains why they did not bring their claim on time and (ii) excuses the delay

Findings

The claim was received by the service on the 6th December 2018 at 5.05pm

I find that at the hearing no application was made for an extension of time for reasonable cause

I find that an application was made by email dated the 21st June 2019 seeking an extension of time and advising that he was unaware that the respondent could argue against the delay in submitting the claim.

A copy of that application was forwarded to the respondent for their views and they responded by citing the following the case of Salesforce.com V Alli (EDA1615) and Labour Court Decision in Cementation Skanska (DWT0338 and the test from the High Court in the decision of O Donnell v Dun Laoghaire.

I find that in the claimant’s application for an extension of time, which was made after the hearing, that no reasonable cause was put forward for the delay in submitting his complaint.

Decision:

Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.

I find that in accordance with 21(6)(a) of the Equal Status Act the claim is out time and statute barred.

Dated:   6th August 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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