EDA2112

1. Appeal of Adjudication Officer Decision No: 00002637 CA-00003685-001.

BACKGROUND:

2. This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 83 (1) of the Employment Equality Acts, 1998 to 2015. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 1 July, 2020. The appeal was heard by the Labour Court on 14 April, 2021 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION :

This is an appeal by Dr Fidelma McKenna (the Complainant) against decision ADJ-00002637 of an Adjudication Officer under the Employment Equality Acts 1998 to 2015 (the Acts). The Adjudication Officer held that her complaint of discrimination on the age ground in respect of promotion by her employer HSE West (the Respondent) was out of time and that she was not discriminated against.

The complaint was referred to the Workplace Relations Commission on the 5^th April 2016. The cognisable period for the purpose of the Act is 6^th October 2015 to 5^th April 2016. This case is linked to ADE/20/85 and ADE/20/86. At the start of the Court hearing the Complainant confirmed there was no breach of the Act during the cognisable period. On that basis the Court does not have jurisdiction to hear the case and the appeal must fail.

The decision of the Adjudication Officer is upheld.

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
MK	______________________
6 May 2021	Deputy Chairman