ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00034213
Parties:
| Complainant | Respondent |
Parties | Marie Byavu | South East Technological University |
Representatives | Not represented | Mary Paula Guinness BL instructed by Holmes O’Malley Sexton |
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-00044522-001 | 08/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00044522-002 | 08/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00044522-003 | 08/06/2021 |
Date of Adjudication Hearing: 01/03/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance withthe Employment Equality Act 1998, Pensions Act 1990, andSection 25 of the Equal Status Act, 2000,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard and to present any evidence relevant to the complaints. The hearing took place in the Hearing Room, Workplace Relations Commission, O’Brien Road, Carlow. The complainant and respondent attended the hearing. Both the complainant and respondent made detailed submissions in advance of the hearing. The complainant clarified that she wished to proceed with the Equal Status Complaint as the Employment Equality Act and Social Welfare (Miscellaneous) Act were not relevant to her complaints.
Background:
The complainant clarified that she wished to proceed with was the Equal Status complaint. Her complaint related to her treatment while she was a student at the University from 2017 to 2020. |
Summary of Complainant’s Case:
The complainant attended the University from 2017 and included in her submission an account of how she had been treated up to March 2020. As per the Equal Status Act, she submitted a ‘Notification (ES1 Form)’ to the university on 25th September 2020. The complaint was received by the Workplace Relations Commission on 8th June 2021. The complainant confirmed that the most recent date of alleged discriminatory treatment was on 27th November 2019. |
Summary of Respondent’s Case:
The respondent raised two preliminary issues that the ES1 Form was submitted outside of time and that the latest date of alleged discrimination was outside the timeframe of twelve-months under section 21 of the Act. |
Findings and Conclusions:
Section 21 (2) of the Equal Status Acts states:
Before seeking redress under this section the complainant -- (a) shall, within 2 months after the prohibited conduct is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within 2 months after the last such occurrence, notify the respondent in writing of -- (i) the nature of the allegation, (ii) the complainant's intention, if not satisfied with the respondent's response to the allegation, to seek redress under this Act, and (b) may in that notification, with a view to assisting the complainant in deciding whether to refer the case to the Director or, as the case may be, the Circuit Court, question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions.
(2A) For the purposes of subsection (2) the date of notification is the date on which the notification is sent, unless it is shown that the notification was not received by the respondent."
Subsection (3) allows that this period may be extended to four months for reasonable cause. Subsection (4) allows that notification be dispensed with in exceptional circumstances, including the absence of any prejudice.
In this case, the complainant notified the respondent using the ESI Form on 25th September 2020. As the most recent date of discrimination is 27th November 2019, the complainant is outside of the time for notifying the respondent as per the Equal Status Act. With regard to lodging a claim with the Workplace Relations Commission, a complaint needs to be made within six months of the latest date of alleged discrimination. This can be extended up to twelve months if ‘reasonable cause’ is made out. In this case, as the complaint was received by the Workplace Relations Commission on 8th June 2021, it is substantially outside of the twelve-month time limit. As the respondent replied to the ES1 Form, there is no obvious prejudice so I can dispense with the requirement to notify. However, as the complaint form to the Workplace Relations Commission was outside the twelve-month timeframe, I have no jurisdiction to hear the complaint. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2018 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
CA-00044522-003 - Equal Status Complaint- I decide that I do not have jurisdiction to decide the complaint as it was made outside of the maximum twelve-month period in section 21. CA-00044522-001 – Employment Equality Complaint- This complaint was not pursued by the complainant. CA-00044522-002 – Social Welfare Act Complaint- This complaint was not pursued by the complainant. |
Dated: 06/03/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Equal Status |