ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055272
Parties:
| Complainant | Respondent |
Parties | Roberto Cruz | Boran Plastic Packaging Limited |
Representatives | Self-represented | Brian Kavanagh, Ibec |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00066932-001 | 24/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00067470-001 | 18/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00067470-002 | 18/11/2024 |
Date of Adjudication Hearing: 04/06/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,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 was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant attended the hearing. For the respondent, the Managing Director, Mr Boran attended along with company staff who were in attendance to give evidence.
Background:
The complainant, Mr Cruz, submitted three complaints to the WRC alleging discrimination and victimization. Complaint CA-00066932-001 and CA-00067470-001 were received on 24th October 2024 and 18th November 2024 respectively. Both refer to the most recent date of discrimination/victimisation as 8th June 2023.
Complaint CA-00067470-002 was received on 18th November 2024, and refers to the most recent date of discrimination/victimisation as 7th December 2023.
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Summary of Complainant’s Case:
At the outset of the hearing, the complainant said the dates of the alleged incidences of discrimination/victimisation occurred in July 2023. He also confirmed that he was on long-term sick leave after July 2023. |
Summary of Respondent’s Case:
The respondent representative made a preliminary submission that the complaints were out of time as per Section 77 (5) of the Employment Equality Act. |
Findings and Conclusions:
The Law Section 77(5) of the Employment Equality Act provides: (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. Section 77(6A) provides: For the purposes of this section— (a) discrimination or victimisation occurs— (i) if the act constituting it extends over a period, at the end of the period, (ii) if it arises by virtue of a term in a contract, throughout the duration of the contract, and (iii) if it arises by virtue of a provision which operates over a period, throughout the period, (b) a deliberate omission by a person to do something occurs when the person decides not to do it, and (c) a respondent is presumed, unless the contrary is shown, to decide not to do something when the respondent either— (i) does an act inconsistent with doing it, or (ii) the period expires during which the respondent might reasonably have been expected to do it. Section 79 provides: (3A) If, in a case which is referred to the Director General of the Workplace Relations Commission under section 77, a question arises relating to the entitlement of any party to bring or contest proceedings under that section, including: (a) whether the complainant has complied with the statutory requirements relating to such referrals, (b) whether the discrimination or victimisation concerned occurred on or after 18 October 1999, (c) whether the complainant is an employee, or (d) any other related question of law or fact, the Director General of the Workplace Relations Commission may direct that the question be investigated as a preliminary issue and shall proceed accordingly. Finding As per section 79(3A) of the Act, a preliminary issue can be decided on the entitlement of any party to bring proceedings. The first complaint form was received by the WRC on 24th October 2024. Therefore, the cognisable period for incidents of discrimination/victimisation is from 25th April 2024. The complainant outlined in evidence that the incidents occurred in July 2023 when he was at work. He was on sick leave after July 2023. He did not outline any incidents of discrimination/victimisation when he was out of the workplace on sick leave. The second and third complaints were received by the WRC on 18th November 2024. Similarly, there were no incidents of discrimination or victimisation during the previous six months. For the reasons outlined, as there was no incidents of discrimination or victimisation during the cognisable periods, I decide that I have no jurisdiction to hear the substantive complaints. |
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.
Complaint CA-00066932-001 On the preliminary issue, I decide that the complaints are out of time. I have no jurisdiction to hear the substantive complaints. CA-00067470-001 On the preliminary issue, I decide that the complaints are out of time. I have no jurisdiction to hear the substantive complaints. CA-00067470-002 On the preliminary issue, I decide that the complaints are out of time. I have no jurisdiction to hear the substantive complaints. |
Dated: 6th June 2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Discrimination, Victimisation, Out of time |