SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977
(REPRESENTED BY WALSH, HARTE & CO)
- AND -
(REPRESENTED BY EQUALITY AUTHORITY)
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr Rorke
1. Time limit.
2. The worker referred her case to the Labour Court on the 9th of September, 1999. A hearing took place on the 29th of November, 1999. The following is the Court's decision:
While the claimant had submitted four claims of discrimination on the form referring the dispute to the Labour Court, the Equality Authority representing the claimant indicated at the hearing that it was only pursuing one act of discrimination and withdrawing the other three.
The claim of discrimination being pursued was a claim that she was discriminated against by CERT, as management would not allow her to attend interviews that took place in CERT because she refused to attend such interviews in her uniform which, she claimed, was demeaning. As a result of this, she claims she missed job opportunities. As these interviews took place on the 22nd of March, 1999, this particular application is within the time limit.
While the Company representative argued that the claim as submitted was in relation to four alleged acts of discrimination and, therefore, the claimant could not pick one particular claim to go forward, the Court is satisfied that the claimant can, in fact, pursue one particular act of discrimination as in this case. There is precedent for this in the case of Aer Lingus Teo-v- Labour Court 1987/237JR. The issue of whether the referral of the complaint is in time, therefore, does not arise, as the issue being pursued is clearly within the timescale, given that the alleged issue of discrimination took place on the 26th of March, 1999.
The Court will, therefore, refer this case to an Equality Officer for investigation.
Signed on behalf of the Labour Court
14th December, 1999______________________
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.