SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977
CATHEDRAL CREDIT UNION
(REPRESENTED BY FINBARR A. MURPHY AND COMPANY)
- AND -
1. Time limit.
2. On the 5th of December, 1995, the worker referred the dispute to the Labour Court in accordance with Section 19(5) of the Employment Equality Act, 1977. A Labour Court hearing took place on the 21st of August, 1996, in Cork.
In the first instance the Court wishes to state that the serving of a complaint by fax under
the Employment Equality Act, 1977 is acceptable.
The complaint was received by fax in the Labour Court at 9.35 p.m. on the 5th of December,
1995. The complainant alleges that the act of discrimination took place on the 5th of June,
1995 - the date she states she was informed that the post for which she had competed was
offered to another person. There was disagreement between the parties as to whether the
date was the 4th or the 5th. This disagreement was somewhat irrelevant as both dates
placed the complainant "out of time" in accordance with Section 19(5) of the Act.
The purpose of the Court investigation was to establish to its satisfaction that the complainant
showed reasonable cause as to why she did not meet the statutory time restriction.
There were considerable differences between the parties as to the events preceding the 5th
of June. However, these are not relevant to this investigation. Subsequent to the 5th of June,
1995, a number of letters were written by the complainant to the Credit Union in which she
sought certain information and indicated a course of action which she might embark on.
There was one response on behalf of the Credit Union. The last letter written to the Credit
Union, submitted in evidence by the complainant, was dated the 28th of September, 1995.
In oral evidence she stated that between that date and the 5th of December, 1995, she was
expecting some response and/or talks with the Credit Union at local level. It is the view of
the Court that she had a reasonable expectation that this would happen. This constituted
"reasonable cause" for the delay in lodging the complaint which was at least one day out of
The Court accordingly finds that reasonable cause has been shown and will refer the
complaint to an Equality Officer for investigation.
Signed on behalf of the Labour Court
29th August, 1996______________________
Enquiries concerning this Decision should be addressed to Dympna Greene, Court Secretary.