Complainant

Respondent

Parties

Briama Gassama

Cpl

Complainant

Respondent

Anonymised Parties

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Representatives

Darragh Whelan IBEC

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-00027833-001

17/04/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00027834-001

17/04/2019

The Complainant was employed as a warehouse operative by the Respondent from 29th January 2018 to 11th September 2019. He contends that he was dismissed by the Respondent for discriminatory reasons, namely on the prohibited grounds of gender, age and race.   This complaint was received by the Workplace Relations Commission on 17th April 2019.

File reference ADJ – 00021626 contains two complaints: CA -000 27833 and CA-000 27834 – they are the same complaint submitted twice, there is only one complaint to be investigated and this has been referred under Section 77 of the Employment Equality Act, 1998.

Section 77 (5) of the Employment Equality Act states that “Subject to subsection 96), 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 or, as the case may require, the most recent occurrence of the act of discrimination or victimisation to which the case relates.” The Complainant ceased employment on 11th September 2018 and no continuing relationship existed beyond this date. There is no dispute between the parties on this matter. In these circumstances the date of contravention of the Act can only be on or before 11th September 2018.

Section 77(6) of the Employment Equality Act states that “If on an application made by the complainant the Director, the Labour Court or, as the case may be, the Circuit Court is satisfied that exceptional circumstances prevented the complainant’s case (other than a claim not to be receiving remuneration in accordance with an equal remuneration term) being referred within the time limit in subsection (5)-

(a)    The Director, the Labour Court or the Circuit Court, as the case may be, may direct that, in relation to that case, subsection (5) shall have effect as if for the reference to such period of a 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction”

The next question to be considered is whether grounds exist which could be considered “exceptional circumstances” with regard to the delay in lodging the claim within the prescribed period.

I considered the positions advanced by both parties at the hearing and I reviewed the relevant dates in relation to the previous claim of Unfair Dismissal. I note that the Complainant’s employment terminated on 11th September 2018 and that he lodged his claim under the Unfair Dismissals Act on 22nd January 2019. The hearing of that case took place on 29th March 2019 and the Adjudication Officer’s decision issued on 30th April 2019.

The Complainant offered no explanation as to why there was a delay on his part in lodging his claim under the Unfair Dismissals Act from 11th September 2018 until 22nd January 2019. In any event it is clear that this time lapse is entirely due to his own actions and decisions. It is also clear that he lodged his claim under the Employment Equality Act on 17th April 2019 after the hearing of his unfair dismissal case and before the finding was issued in that regard.

In all the above circumstances I find that there are no “exceptional circumstances” that would necessitate the granting of an extension to the timeline prescribed in the Act. I therefore find that the claim is out of time.

Given the fact that the complaint is out of time I do not have jurisdiction to hear the complaint under the Employment Equality Act,1998.

The complaint therefore fails.

Employment Equality Act, lack of jurisdiction, time limits