Complainant

Respondent

Parties

Hamza  Malang

AIb

Representatives

  Self Represented

 Gemma Carrol BL

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00057829-001

21/07/2023

The Complainant submitted a complaint that he was discriminated against on the ground of race in the provision of a service.

The Complainant submitted a complaint that he was denied the opportunity to open a bank account on the basis of his race.

The Respondent submitted a detailed response denying the complaint and objected to the Adjudication Officer having jurisdiction to hear the complaint on the basis the Complainant had not complied with the notification requirements of the Act.

The Complainant submitted a complaint under the Equal Status Act 2000 on July 21st 2023. The alleged discrimination took place on January 4th 2023.  The Complainant did not notify the Respondent of his complaint prior to the submission of his complaint to the WRC.

The Complainant attended the scheduled Hearing, albeit after being contacted by the WRC, and appeared to know very little about the complaint and stated he had informed Doras that he did not want to pursue the complaint and had asked them to withdraw the complaint. The Complainant was informed that Doras were not nominated as his Representative by him and the WRC had no contact from Doras regarding his complaint. The Complainant did not withdraw the complaint at the Hearing. With the assistance of an Interpreter, it was explained to the Complainant the time limit requirements of the Equal Status Act regarding notification of a complaint to the Respondent and that he had not complied with the requirements. The Complainant was given three weeks to seek advice and to provide his written grounds for not complying with the time requirements of the Equal Status Act 2000 and the Workplace Relations Act 2015. The Complainant did not provide these written grounds for consideration by the Adjudication Officer.

Section 21 of Equal Status Act 2000 as amended requires that:

“(2) Before seeking redress under this section the complainant—

( a) shall, within 2 months after the prohibited conducted 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 ,

(3) ( a ) On application by a complainant the  Director of the Workplace Relations Commission or, as the case may be, the Circuit Court may —

(i) for reasonable cause, direct that in relation to the complainant subsection (2) shall have effect as if for the reference to 2 months there were substituted a reference to such period not exceeding 4 months as is specified in the direction, or

(ii) exceptionally, where satisfied that it is fair and reasonable in the particular circumstance of the case to do so direct that subsection (2) shall not apply in relation to the complainant to the extent specified in the direction,

and, where such a direction is given, this Part shall have effect accordingly.

  ( b ) In deciding whether to give a direction under paragraph (a)(ii) the Director of the Workplace Relations Commission or, as the case may be, the Circuit Court shall have regard to all the relevant circumstances, including —

(i) the extent to which the respondent is, or is likely to be, aware of the circumstances in which the prohibited conduct occurred, and

(ii) the extent of any risk of prejudice to the respondent ’ s ability to deal adequately with the complaint.”

Section 41.1 and 41.6 and 41.8 of the Workplace Relations Act 2015 contains the relevant provisions regarding the submission of complaints to the WRC;

“41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1or 2of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39 , refer the complaint for adjudication by an adjudication officer.

(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.”

As the Complainant did not comply with either of the above time requirements regarding notification of his complaint I find I have no statutory power to investigate his complaint.

I decide I have no statutory power to investigate the complaint.

Race discrimination