Labour Court Database
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File Number: REE921
Case Number: EET9211
Section / Act: S19(5)EE
Parties: AN FORAS AISEANNA SAOTHAIR - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
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Subject:
Investigation regarding whether reasonable cause can be shown to allow for an investigation of a discriminatory act referred to the Court outside of the statutory 6 month time limit.
Recommendation:
3. "The Court in this case finds the date of the occurrence of
the act alleged to constitute discrimination was 15th April,
1991. Accordingly, a reference of the complaint would have been
in time up to and including 15th October, 1991. In the event
the complaint was not received until 29th October, 1991. Even
if one were to accept the claimant's arguments regarding her
non-availability up until June, 1991, as reasonable grounds for
not making a reference during that period, she would still have
had in excess of 4 months to make such a reference of her
complaint within the statutory time limit. No reasonable
grounds were put forward for her inactivity during this period.
The Court considers that the time available (over 4 months) for
making a reference under Section 19 of the Employment Equality
Act, 1977 was liberal.
In all circumstances of this case, the Court finds that the
reference of the complaint was out of time and that the claimant
has failed to show reasonable cause as required under Section
19(5) of the Employment Equality Act, 1977."
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
REE921 EET1192
SECTION 19(5) EMPLOYMENT EQUALITY ACT, 1977
PARTIES: AN FORAS AISEANNA SAOTHAIR
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Investigation regarding whether reasonable cause can be
shown to allow for an investigation of a discriminatory act
referred to the Court outside of the statutory 6 month time
limit.
BACKGROUND:
2. The Court investigated the matter at a hearing on 2nd
March, 1992 and issued the following letter to both parties on
31st March, 1992.
DETERMINATION:
3. "The Court in this case finds the date of the occurrence of
the act alleged to constitute discrimination was 15th April,
1991. Accordingly, a reference of the complaint would have been
in time up to and including 15th October, 1991. In the event
the complaint was not received until 29th October, 1991. Even
if one were to accept the claimant's arguments regarding her
non-availability up until June, 1991, as reasonable grounds for
not making a reference during that period, she would still have
had in excess of 4 months to make such a reference of her
complaint within the statutory time limit. No reasonable
grounds were put forward for her inactivity during this period.
The Court considers that the time available (over 4 months) for
making a reference under Section 19 of the Employment Equality
Act, 1977 was liberal.
In all circumstances of this case, the Court finds that the
reference of the complaint was out of time and that the claimant
has failed to show reasonable cause as required under Section
19(5) of the Employment Equality Act, 1977."
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