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-00021750-001

11/09/2018

The Complainant has been employed by the Respondent Company since 1st September 2001. The Complainant confirmed that he worked 22 hours a week. The Complainant confirmed that he had been provided with the Grievance and Disciplinary Procedures of the Respondent, including the Policies of the Respondent Company.

The Complainant referred a complaint to the Workplace Relations Commission on 11th September 2018 alleging he had been discriminated against on the grounds of his Gender in relation to his conditions of employment and in victimising and harassing him. The Complainant stated that there was an incident on 8th March 2018 at a Team Meeting at which he alleged another female employee make a comment about him. The Complainant stated that there were four other Team Meetings which as a result he could not attend as this named employee would also be present. He stated that the most recent date of discrimination was on 4th September 2018.

The Complainant made a complaint in writing to the named Deputy Principal in relation to the alleged incident of 8th March 2018 on 12th May 2018. A formal complaint was made to the named HR Manager on 17th May 2018. There was an exchange of emails and correspondence between the Complainant and the named HR Manager with the last email dated 18th June 2018 from the Complainant to the named HR Manager dated 18th June 2018 in which he states as follows – “I’m on leave at the Moment. Will contact you end of August when I get back to work”. The Complainant contacted the HR Manager on 28th August 2018 but he was not agreeable to the process proposed to deal with his complaint and he informed the HR Manager he had referred the issue to the WRC.

Preliminary Issue. Time Limits.

Section 77(5)(a) of the Act provides as follows – “ Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation 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 Director General……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 that were substituted a reference to such period not exceeding 12 months as specified in the direction, and where such direction is given, this Part shall have effect accordingly”.

The Respondent raised the issue of Time Limits as a Preliminary Issue at the Hearing. The established facts of this complaint relates to an alleged incident that occurred on 8th March 2018 at a Team Meeting during which it is alleged that another named female employee made a comment in relation to the Complainant. Team Meetings are a regular feature of the Complainant’s employment. There were Team Meetings scheduled for 8/3/2018 – 15/5/2018 – 24/5/2018 and 4/9/2018. It was the Complainant’s decision not to attend these Team Meetings if the named female employee was attending in circumstances where the Complainant had made a complaint on 12th May 2018 and again on 17th May 2018 and this process was ongoing when the Complainant referred his complaint to the WRC on 11th September 2018.

The Complainant has sought to rely on the Team Meeting of 4th September 2018 as being the most recent date of discrimination. The Complainant was invited to attend all Team Meetings but it was his decision to refuse to attend while another named female employee was in attendance.

The Complainant was afforded an opportunity at the Hearing to explain the delay in referring his complaint to the WRC in relation to the alleged incident of 8th March 2018. The Complainant asserted that the reason for the delay was that he was on summer leave from 1st June 2018 to 28th August 2018. However I note that the Complainant was in email contact with the Respondent, the latest on 28th August 20218 in which he states – “I am proposing that you refer this issue to the WRC, so that it can be resolved in a professional and objective manner”.

On the basis of the evidence and questioning by the Adjudication Officer at the Hearing I decide that the Complainant has not shown “reasonable cause” as provided for under Section 77(5)(b) of the Act for an extension of time.

In accordance with Section 79 of the Act, I declare I do not have jurisdiction to hear this complaint as the Complaint was submitted to the Workplace Relations Commission on 11th September 2018 in relation to an incident of 8th March 2018 and does not comply with Section 77(5)(a) of the Act and the Complainant has not shown “reasonable cause” as provided for in Section 77(5)(b) of the Act

Employment Equality Act, Section 77 (5) of the Act – Time Limits – Complainant has not shown reasonable cause for an extension to the Time Limits as provided under Section 77(5)(b) of the Act