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ADE/24/171 |
DETERMINATION NO. EDA2622
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SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015
PARTIES:
PRIMARK T/A PENNYS
(REPRESENTED BY IBEC)
AND
DARINA GROGAN
DIVISION:
| Chairman: | Mr Haugh |
| Employer Member: | Ms Bisiwe |
| Worker Member: | Ms Treacy |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00050675 (CA-00061525-002)
BACKGROUND:
The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 21 November 2024.
A Labour Court hearing took place on 29 May 2026.
The following is the Determination of the Court.
DETERMINATION:
Background to the Appeal
This is an appeal by Ms Darina Grogan (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00050675 CA-00061525-002, dated 15 November 2024) under the Employment Equality Act 1998 (‘the Act’). The Complainant’s claim of discrimination on the gender ground was found by the Adjudication Officer to be out of time. Notice of Appeal was received in the Court on 22 November 2024. The Court heard the appeal in Dublin on 29 May 2026.
Preliminary Issue
The Complainant referred her originating claim under the Act to the Workplace Relations Commission on 7 February 2024. The cognisable period for the claim is, therefore, 8 August 2023 to 7 February 2024. The Complainant was asked by the Court to identify an alleged discriminatory act or event that she believes occurred in the cognisable period. She did not identify any such act or event but instead proceeded to tell the Court that she believed that she had been discriminated against on the gender ground in October 2022.
It follows that the Complainant has not identified any alleged act of discrimination in the cognisable period. She did not advance any reasonable cause to extend time, and, in any event, anything that occurred in October 2022 predates the date the complaint was received by the Workplace Commission by more than twelve months.
Decision
On the basis of the foregoing, the Court must find that the within complaint is out of time.
The decision of the Adjudication Officer is affirmed.
The Court so determines.
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Signed on behalf of the Labour Court |
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Alan Haugh |
| AR | ______________________ |
| 02/06/2026 | Deputy Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Mr Aidan Ralph, Court Secretary.