ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040576
Parties:
| Complainant | Respondent |
Parties | Emma Lloyd | Board of Management of St. Mary’s School, Edenderry |
Representatives | Self-Represented | Kevin Roche, B.L. instructed by Lorcan Maule solicitor, Mason Hayes & Curran LLP |
Complaint(s):
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-00051769-001 | 20/07/2022 |
Date of Adjudication Hearing: 29/03/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and a witness for the respondent took the affirmation at the start of the hearing. A Preliminary matter was raised regarding the time limits contained within the Act. |
Summary of Complainant’s Case:
At the start of the hearing, the complainant confirmed that no discriminatory acts took place in the six months prior to the submission of the complaint. |
Summary of Respondent’s Case:
As a preliminary matter, the respondent submitted that no acts of discrimination were alleged to have taken place during the six months, or indeed the twelve months prior to the complaint being made to the WRC as required by Section 77(5) of the Employment Equality Acts,1998. The respondent also submitted that no request was made to extend the period under consideration to twelve months as provided for under the Act. |
Findings and Conclusions:
Section 77(5) of the Employment Equality Act, 1998 states that: (5) (a) 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 of the Workplace Relations Commission or Circuit Court, as the case may be, 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. As the complainant has confirmed that no discriminatory acts took place in the six months prior to the referral of her complaint and no request was received to extend the period of referral, I find that the complainant was not discriminated against. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Having regard to all the written and oral evidence submitted in relation to this matter, my decision is that the complainant was not discriminated against. |
Dated: 3rd April 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Employment Equality Act – no discriminatory act within the referral period – no discrimination alleged. |