ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Network Engineer | A Facility Management Company |
Representatives | Self-Represented |
``Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00024605-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000,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).
It was agreed that the Decision would be Anonymised
Background:
The Complainant alleged that he was Discriminated against on grounds of Race and in the Provision of Services by the Respondent Company. |
![Text Box: 1:1 Case already decided by ADJ-00015373
The issues in contention in this Adjudication had already been thoroughly investigated and Adjudicated upon in Adjudication decision ADJ-00015373
The only material difference with the current case is that the Respondent is altered to another Company. This new Company was the actual employer of the person against whom the Discriminatory acts were alleged.
In ADJ -00015373, in a complete and most comprehensive examination of the case , this difficulty was pointed out in addition to several other serious procedural shortfalls.
Accordingly, the factual issues are effectively Res Judicata.
1:2 Fundamental Time Limits issue.
However, of more significance to this case is the fact that it was lodged with the WRC on the 3rd January 2019 some 10 months after the date of Alleged Discrimination.
Section 21(6)(a) of the Equal Status Act provides
(6) ( a ) Subject to subsections (3)(a)(ii) and (7) , a claim for redress in respect of prohibited conduct may not be referred 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, as the case may be, the date of its most recent occurrence.
( b ) On application by a Complainant the F42 [ Director of the Workplace Relations Commission ] F43 [ or, as the case may be, the Circuit Court ] may, for reasonable cause, direct that in relation to the Complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and, where such a direction is given, this Part shall have effect accordingly.
No valid case was made to avail of Section 6(b) to grant an extension. Accordingly, this claim is clearly Out of Time and cannot be proceeded with.
At the relevant times the Complainant was legally Represented, and no reason existed, as far as I could see, to prevent the claim being lodged in time.
1:3 Preliminary Conclusion.
As set out above in Section 1:2 of this Adjudication complaint is Out of Time and has to be set aside.](file:///C:/Users/HEFFER~1/AppData/Local/Temp/msohtmlclip1/01/clip_image001.png)
1: Opening Legal and Procedural /Time Limit Issues
2: Summary of Complainant’s Case:
As the complaint is Out of Time I have not stated the Complainant’s case. |
3: Summary of Respondent’s Case:
As the complaint is Out of Time I have not stated the Respondents rebuttal arguments. |
4: Findings and Conclusions:
The Complaint is Out of Time and in addition the factual matrix is effectively Res Judicata by virtue of ADJ-00015373. It has to be deemed Not Well Founded and set aside. |
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.
Act | Complaint/Dispute Reference No. | Summary Decision /Please refer to Section 1 above for reasoning. |
CA-00024605-001 | The Complaint is Out of Time as per Section 21 of the Equal Status Act,2000. It is accordingly deemed Not Well Founded and is set aside. |
Dated: 29th July 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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