SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977
ST JAMES'S HOSPITAL
(REPRESENTED BY EILIS BARRY, B.L.
INSTRUCTED BY A & L GOODBODY, SOLICITORS)
- AND -
MS JOHANNA BARRY
(REPRESENTED BY EILEEN O'LEARY, B.L.
INSTRUCTED BY O'MARA GERAGHTY MCCOURT, SOLICITORS)
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
2. The Labour Court investigated the above matter on the 15th of December, 1998 and the 8th of March, 1999. The Court's Decision is as follows:-
The Court does not consider it reasonable to extend the time-limit under Section 19(5) of the Employment Equality Act, 1977 to an alleged incident, under 2(a) of the Act, which occurred in 1990. Reasonable cause has not been shown for the time lapse and the allegations were not subsequently referred to until June, 1996.
The claims before the Court referred to allegations of discrimination under Sections 2(a), (b), (c) and (d) of the Employment Equality Act, 1977. At the hearing it was clarified that Section 2(b) and (c) did not apply and they were withdrawn. The Court is of the view that there are no grounds to extend the time-limit under Section 19(5) of the 1977 Act in relation to claims under 2(a) of the Act. However, the Court considers that there are reasonable grounds for extending the time-limit under Section 2(d), on the basis that the claimant was availing of in-house procedures to pursue her claim.
The Court so decides and allows this case to be referred to an Equality Officer for investigation in respect of claims under Section 2(d) of the Employment Equality Act, 1977.
Signed on behalf of the Labour Court
31st March, 1999______________________
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.