Complainant

Respondent

Parties

Hira  Amjad

Lombre Hair & Beauty

Representatives

Rebecca De Groot Peninsula

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00038721-001

14/07/2020

A complaint form was lodged with the WRC on 14 July 2020.

A remote hearing took place on 29 March 2022, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings. This hearing was postponed because of the unavailability of a key witness. 

A second hearing, this time in person, took place on 26 May 2022.

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.

 The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.

 Full cross examination of Witnesses was allowed.

At the hearing of 20 May 2022, the Respondent submitted that as the Complaint Form was filed with the WRC on 14 July 2020 citing the most recent date of discrimination as 8 January 2020, the complaint was out of time and that I did not have jurisdiction to hear the case. 

The Complainant stated that she had not been aware she could take a case against her former employer but when she was advised on this, she decided to submit a complaint.

I have considered this matter carefully.

Section 21 of the Act states:

(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 Director of the Workplace Relations Commissionor, as the case may be, the Circuit Courtmay, 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 reasonable cause was put forward to allow for an extension of the time allowed.

I find the complaint is out of time and I do not have jurisdiction to hear it.

I do not have jurisdiction to hear this complaint.

Out of time, jurisdiction