ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045422
Parties:
| Complainant | Respondent |
Anonymised Parties | A Student | A Service Provider |
Representatives |
| MP Guinness BL instructed by Liam Collins Gore and Grimes Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00056155-001 | 18/04/2023 |
Date of Adjudication Hearing: 24/11/2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000,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.
Both the Complainant and the Respondent attended the hearing. The Respondent was accompanied by their legal representatives.
As the Complainant has a sensitive disability, namely epilepsy, I decided to anonymise the names of the parties.
Background:
The Complainant stated that the Respondent failed to afford her reasonable accommodations in respect of her disability. |
Summary of Complainant’s Case:
The Complainant began work in November 2021 in community disability services in the Respondent organisation as part of a training placement. She stated that the Respondent failed to afford her reasonable accommodations in respect of her disability, namely epilepsy. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant never requested any accommodations in relation to her epilepsy and therefore could not establish a prima facia case of discrimination on the grounds of disability. Further, the Respondent submitted that this complaint is statute barred. |
Findings and Conclusions:
Preliminary Decision: In relation to the preliminary objection that this matter is statute barred, it is necessary to examine the facts giving rise to this complaint in light of the relevant legislative provisions. In that regard, Sections 21 (6) and (7) of the Equal Status Act 2000 provide: (6) Subject to subsection (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. (7) If, on application by the complainant, the Director is satisfied that exceptional circumstances prevented the complainant’s case from being referred within the time limit specified in subsection (6)— In her complaint form dated 18 April 2023, the Complainant stated that she was discriminated against by the Respondent and that the most recent date of discrimination was 2 March 2022. As the 12 month period, set out above, would have required the complaint to have been filed by 1 March 2023 however, I find that I do not have jurisdiction to hear this complaint. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
I find that I do not have jurisdiction to hear this complaint for the reasons set out above. |
Dated: 8th March 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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